Question: I committed a Class G felony. I am a level one, first felony with no priors and no convictions in 9 years. I was offered a plea for 8-10 months active sentence. I am guilty, but do I have other options?
Our Lawyer’s Answer: It sounds like the plea offer is to the mitigated range of the sentence. Under the North Carolina Structured Sentencing Guidelines you could receive an intermediate sentence which would not require active time, however it sounds like you have a plea bargain that is to active time. This is usually done when the prosecutor reduces more serious charges or multiple counts to one active sentence. Each plea bargain is unique to the facts of the case, and it is impossible to tell if this is a good plea bargain or not unless an experienced defense attorney reviews all of the facts and charges to assess your risk of getting more active time if the plea is rejected. One option is always to reject the offer and go to trial. Even if you are guilty, there may be defenses to the charges, or the State may not be able to prove the case. It is also possible that going to trial could result in a higher sentence if the State is reducing or consolidating charges for the plea bargain.