Can You Get Probation for a Felony in North Carolina?

If you’re facing felony charges in North Carolina, you are probably asking yourself: Can you get probation for a felony in North Carolina? Fortunately, probation is an option for many felony offenses in this state, but the answer is dependent on your case details, such as your criminal history and the specific charges in question. In North Carolina, a structured sentencing system is used that gives judges notable flexibility, especially in certain types of cases.

With recent legal reforms and continuing efforts to get incarceration rates in North Carolina down in 2025, courts across the state commonly work to leverage probation as an option to ensure accountability while promoting rehabilitation. This is especially true for lower-level, non-violent crimes.

What Is Felony Probation in North Carolina?

Felony probation in North Carolina is an option that gives people the ability to serve out their sentence in their communities instead of being locked in a prison, so long as they comply with certain conditions ordered by the court. Probation conditions may include the following:

• Checking in regularly with a probation officer
• Submitting to testing for alcohol and drugs
• Meeting requirements for employment or education
• Having restrictions on travel
• Avoiding any new criminal offenses

In the state, there are two major types of probation, which are supervised probation and unsupervised probation. Supervised probation includes regular oversight from a probation officer, while unsupervised probation typically comes with fewer restrictions and is applicable for more minor offenses.

Who Qualifies for Felony Probation?

It’s important to note that not all felonies are eligible for probation. In North Carolina, felonies are categorized into 10 different classes, moving from Class A, which is the most serious, to Class I, which is the least serious. As a general rule, Class I and H felonies are the ones that are most likely to be eligible for probation. Class D through G felonies could also qualify, depending on the mitigating factors and existing criminal record.

Class A, B1, and B2 felonies, like certain serious sex crimes and first-degree murder, are typically never going to qualify for probation because of the mandatory minimum sentences that come with these types of offenses.

It’s important to note that your previous criminal record is also playing a significant role in whether or not you can get probation. A person who has a first-time offense with a nonviolent Class H felony could be granted probation, while repeat offenders facing the same charges could be sentenced to prison.

North Carolina Felony Crime Trends and Probation Context

According to recent data from the FBI Crime Data Explorer, the following serious felony offenses were reported in North Carolina in December 2023:

• 2,565 aggravated assaults, with 864 clearances
• 2,966 incidents of burglaries, with only 468 cases cleared
• 70 homicides, with 36 cleared

These figures show the sheer number of felony cases that are moving through the criminal justice system in North Carolina. As thousands of aggravated assaults and burglaries are being reported across the state, and clearance rates are low for many categories, judges and prosecutors are commonly looking for plea agreements and probation as sound alternatives to prison sentences for certain types of offenders.

While some violent offenses like aggravated assault can still lead to prison time depending on the circumstances and severity, other nonviolent types of offenses like property crimes may be eligible for probation. This is especially true when treatment, community supervision, or restitution have better long-term implications for public safety.

Can Probation Be Revoked?

Yes, individuals who violate their probation conditions, such as missing check-ins, being charged with a new crime, or failing a drug test, can have their probation revoked by the court and the original prison sentence reinstated. Therefore, it is crucial to work with an attorney who not only fights for your probation during your sentencing hearing but also supports you with understanding and following the conditions to prevent future violations from happening.

How a Lawyer Can Help

A lawyer can provide you with crucial support if you are going up against felony charges in North Carolina, especially in places that have high clearance rates like Mecklenburg County or Wake County. Specifically, they can help you with the following:

• Negotiating a sound and practical plea deal with probation involved
• Presenting the key evidence and mitigating factors in the courtroom
• Advocating for rehabilitation programs or treatment as an alternative to prison time
• Helping you understand how the structured sentencing grid works
• Pushing to get a felony reduced to a misdemeanor – depending on your case

FAQs

Q: Can You Get Probation for a Felony in North Carolina?

A: Yes, you may be able to get probation for a felony in North Carolina. There are many types of felony convictions that are eligible for probation depending on factors like your crime severity, your existing criminal record, and how the judge decides to apply the structured sentencing grid. A dedicated attorney can help you fight for probation.

Q: What Types of Felonies Are Eligible for Probation?

A: The types of felonies that are eligible for probation in North Carolina are generally those on the lower level, such as Class I or H, especially if the offense is first-time. More serious felonies, on the other hand, such as Class A or B1 – which involve sexual or violent incidents, have a much lower likelihood of being awarded probation.

Q: What Is the Difference Between Supervised and Unsupervised Probation?

A: The difference between supervised and unsupervised probation is the level of requirements and supervision from a probation officer. Supervised probation requires stringent compliance with rules like curfews and drug testing, in addition to regular check-ins with a probation officer. Unsupervised probation, on the other hand, is much less intensive, with the individual expected to follow the law without active monitoring by a probation officer.

Q: Can You Get Probation for a Felony if You Have a Prior Record?

A: Yes, you can get probation for a felony if you have a prior criminal record, but it depends on the details of your case, including your criminal history and the severity of the felony. North Carolina’s sentencing grid takes into account your prior criminal history, with those who have no prior offenses or minimal offenses being more likely to be approved for probation.

Contact an Empathetic Criminal Defense Attorney Today

If you or someone you love is dealing with felony charges in 2025, it’s important to stay calm and remember that you have options. Contact a skilled North Carolina criminal defense attorney from Steven T. Meier, PLLC, to understand whether probation may be an option for you.