North Carolina Criminal Lawyer: Violent Habitual Felon

North Carolina has a number of habitual offender statutes. I’ve written about the habitual felon statute. In addition, there’s a habitual violent felon statute.

This statute operates as a sentencing enhancement to violent felonies. If someone has been convicted of two previous violent felonoes, and is now facing another violent felony charge, that person is potentially liable to face a violent habitual felony charge, provided the violent felony was committed after a conviction for the previous.

Conviction of a violent habitual felony charge results in a life sentence without the possibility of parole (LWOP).

Here’s the statute:

N.C.G.S. 14-7.7. Persons defined as violent habitual felons.
(a) Any person who has been convicted of two violent felonies in any federal court, in a court of this or any other state of the United States, or in a combination of these courts is declared to be a violent habitual felon. For purposes of this Article, “convicted” means the person has been adjudged guilty of or has entered a plea of guilty
or no contest to the violent felony charge, and judgment has been entered thereon when such action occurred on or after July 6, 1967. This Article does not apply to a second violent felony unless it is committed after the conviction or plea of guilty or no contest to the first violent felony. Any felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a felony. The burden of proving a pardon shall rest with the defendant, and this State shall not be required to disprove a pardon. Conviction as an habitual felon shall not, for purposes of this Article, constitute a violent felony.

(b) For purposes of this Article, “violent felony” includes the following offenses:
(1) All Class A through E felonies.
(2) Any repealed or superseded offense substantially equivalent to the
offenses listed in subdivision (1).
(3) Any offense committed in another jurisdiction substantially similar to the offenses set forth in subdivision (1) or (2).

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.