What Are The Sentencing "levels"?

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What Are The Sentencing "levels"?

Two or more grossly aggravating factors leads to a level one sentence. If there are no grossly aggravating factors, the judge will weigh aggravating and mitigating factors to determine if the defendant should be sentenced under level three, four, or five. If the aggravating factors outweigh the mitigating factors, level three punishment is imposed. If the aggravating and mitigating factors are equal, level four punishment is imposed.

Other North Carolina Drunk Driving Defense FAQs

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A: Driving Privilege: If you register .08 or greater in a blood or breath test, you lose your privilege to drive in North Carolina (and your license, if it is a North … More
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Q: What Happens After A Conviction For A Misdemeanor Dwi?
A: After a conviction of misdemeanor DWI, the judge must hold a separate sentencing hearing and determine the appropriate level of punishment. At that hearing, the judge … More
Q: What Is A Level Two Sentence?
A: If that judge finds one grossly aggravating factor, you would be sentenced under level two. If the judge orders a level two punishment, he must sentence you to 7 days … More
Q: What Is A Level Three Sentence?
A: If the judge orders a level three punishment, you will be ordered to choose one of the three following options: (1) 72 hours of community service ($100 fee), (2)72 … More
Q: What Is A Level Four Sentence?
A: If you are convicted and sentenced at level four, the same conditions will apply except you will chose between 48 hours of community service, 48 hours of jail, or 60 … More
Q: What Is A Level Five Sentence?
A: If you are convicted and sentenced at level five, you will be ordered to chose between 24 hours of community service, 24 hours of jail, or 30 days not driving. The … More
Q: Will I Be Able To Get My Case Dismissed Because I Was Not Read My Rights?
A: Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.
Q: Will I Go To Jail?
A: An experienced attorney may be able to keep you out.