The New Firearm/Deadly Weapon Enhancement
Published for NC Criminal Law on October 15, 2013.
Structured Sentencing has always included a provision allowing for an enhanced sentence for felonies committed by using, displaying, or threatening to use or display a firearm or deadly weapon. G.S. 15A-1340.16A. It isn’t used very often. It was used only once statewide last year, and not at all the year before that.
That may change under the amended version of the law, enacted in S.L. 2013-369 (H 937) and effective for offenses committed on or after October 1, 2013. The revised law makes several changes to the existing enhancement.
First, the enhancement is expanded so that it applies to all classes of felonies. The previous version applied only to Class A through E felonies.
Second, the law is amended so that that the number of months of the enhancement varies depending on the offense class of the underlying felony. The rules are as follows:
- Class A–E felonies: 72-month minimum sentence enhancement.
- Class F and G felonies: 36-month minimum sentence enhancement.
- Class H and I felonies: 12-month minimum sentence enhancement.
Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration