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Felony Judgment

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FELONY JUDGMENT

STATE OF NORTH CAROLINA

County

STATE VERSUS

Name Of Defendant

Offense

File No.

In the General Court Of Justice

District Superior Court Division

FINDINGS OF AGGRAVATING
AND MITIGATING FACTORS
(STRUCTURED SENTENCING)

G.S. 15A-1340.16

NOTE: When consolidating offenses for judgment, findings of aggravating factors and mitigating factors should be made only for the most serious offense. Separate findings of aggravating factors and mitigating factors should be made for each offense that is not consolidated.

AGGRAVATING FACTORS

1. The Defendant:
a. induced others to participate in the commission of the offense.
b. occupied a position of leadership or dominance of other participants in the commission of the offense.

2. The defendant joined with more than one other person in committing the offense and was not charged with committing a conspiracy.

2a. The offense was committed for the benefit of, or at the direction of, any (check one) (offenses committed Dec. 1, 1997 - Nov. 30, 2017) criminal street gang, (offenses committed on or after Dec. 1, 2017) criminal gang as defined by G.S. 14-50.16A(1), with the specific intent to promote, further, or assist in any criminal conduct by gang members, and the defendant was not charged with committing a conspiracy.
3. The offense was committed for the purpose of: a. avoiding or preventing a lawful arrest. b. effecting an escape from custody.
4. The defendant was: a. hired to commit the offense. b. paid to commit the offense.
5. The offense was committed to: a. disrupt b. hinder the lawful exercise of a governmental function or the enforcement of laws.

6. The offense was committed against or proximately caused serious injury to a present or former law enforcement officer, employee of the Division of Adult Correction and Juvenile Justice, jailer, fireman, emergency medical technician, ambulance attendant, social worker, justice or judge, clerk or assistant or deputy clerk of court, magistrate, prosecutor, juror, or witness against the defendant, while engaged in the performance of that person's official duties or because of the exercise of that person's official duties.

6a. The offense was committed against or proximately caused serious harm as defined in G.S. 14-163.1 or death to a law enforcement agency animal, an assistance animal, or a search and rescue animal (Applies to offenses committed on or after December 1, 2009.) as defined in G.S. 14-163.1, while engaged in the performance of the animal's official duties.

7. The offense was especially heinous, atrocious or cruel.

8. The defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person.

9. (select appropriate option depending on date of offense)
a. (use for offenses committed prior to December 1, 2012) The defendant held public office at the time of the offense and the offense related to the conduct of the office.
b. (use for offenses committed on or after December 1, 2012) The defendant held public elected or appointed office or public employment at the time of the offense and the offense directly related to the conduct of the office or employment. (NOTE: The court must notify the State Treasurer as required by G.S. 15A-1340.16(f).)

9a. The defendant is a firefighter or rescue squad worker, and the offense is directly related to service as a firefighter or rescue squad worker. (Applies to offenses committed on or after December 1, 2013.)

10. The defendant: a. was armed with a deadly weapon at the time of the crime. b. used a deadly weapon at the time of the crime.
11. The victim was: a. very young. b. very old. c. mentally infirm. d. physically infirm. e. handicapped.

12. The defendant committed the offense while on pretrial release on another charge.

12a. The defendant has, during the 10-year period prior to the commission of the offense for which the defendant is being sentenced, been found by a court of this State to be in willful violation of the conditions of probation imposed pursuant to a suspended sentence or been found by the Post-Release Supervision and Parole Commission to be in willful violation of a condition of parole or post-release supervision imposed pursuant to release from incarceration. The Court finds this aggravating factor beyond a reasonable doubt. (Applies to offenses committed on or after December 1, 2008.)

13. The defendant involved a person under the age of 16 in the commission of the crime.

13a. (for offenses committed on or after December 1, 2015) The defendant committed an offense and knew or reasonably should have known that a person under the age of 18 who was not involved in the commission of the offense was in a position to see or hear the offense.

14. The offense involved: a. an attempted taking of property of great monetary value. b. the actual taking of property of great monetary value.
c. damage causing great monetary loss. d. an unusually large quantity of contraband.

15. The defendant took advantage of a position of trust or confidence, including a domestic relationship, to commit the offense.

16. The offense involved the sale or delivery of a controlled substance to a minor.

16a. The offense is the manufacture of methamphetamine and was committed where a person under the age of 18 lives, was present, or was otherwise endangered by exposure to the drug, its ingredients, its by-products, or its waste.

16b. The offense is the manufacture of methamphetamine and was committed in a dwelling that is one of four or more contiguous dwellings.

17. The offense was committed against a victim because of the victim's race, color, religion, nationality, or country of origin.

18. The defendant does not support the defendant's family.

18a. The defendant has previously been adjudicated delinquent for an offense that would be a Class A, B, C, D, or E felony if committed by an adult. The Court finds this aggravating factor beyond a reasonable doubt.

19. The victim of this offense suffered serious injury that is permanent and debilitating.

19a. The offense is a violation of G.S. 14-43.11, G.S. 14-43.12, or G.S. 14-43.13, and involved multiple victims. (Applies to offenses committed on or after October 1, 2013.)

19b. The offense is a violation of G.S. 14-43.11, G.S. 14-43.12, or G.S. 14-43.13, and the victim suffered serious injury as a result of the offense. (Applies to offenses committed on or after October 1, 2013.)

20. Additional written findings of factors in aggravation:

The Court accepts the defendant's admission to the aggravating factor(s) noted above and finds the supporting evidence to be beyond a reasonable doubt.

The trier of fact finds these aggravating factors beyond a reasonable doubt.

There are no findings of any aggravating factors.

AOC-CR-605, Rev. 12/17 Material opposite unmarked squares is to be disregarded as surplusage.
© 2017 Administrative Office of the Courts (Over)

MITIGATING FACTORS

1. The defendant committed the offense under:
a. duress which was insufficient to constitute a defense but significantly reduced the defendant's culpability.
b. coercion which was insufficient to constitute a defense but significantly reduced the defendant's culpability.
c. threat which was insufficient to constitute a defense but significantly reduced the defendant's culpability.
d. compulsion which was insufficient to constitute a defense but significantly reduced the defendant's culpability.
2. The defendant:
a. was a passive participant in the commission of the offense.
b. played a minor role in the commission of the offense.
3. The defendant was suffering from a:
a. mental condition that was insufficient to constitute a defense but significantly reduced the defendant's culpability for the offense.
b. physical condition that was insufficient to constitute a defense but significantly reduced the defendant's culpability for the offense.
4. The defendant's:
a. age, or immaturity, at the time of the commission of the offense significantly reduced the defendant's culpability for the offense.
b. limited mental capacity at the time of the commission of the offense significantly reduced the defendant's culpability for the offense.
5. The defendant has made: a. substantial restitution to the victim. b. full restitution to the victim.
6. The victim was more than 16 years of age and: a. was a voluntary participant in the defendant's conduct. b. consented to the defendant's conduct.
7. The defendant:
a. aided in the apprehension of another felon.
b. testified truthfully on behalf of the State in another prosecution of a felony.
8.
a. The defendant acted under strong provocation.
b. The relationship between the defendant and the victim was otherwise extenuating.
9. The defendant:
a. could not reasonably foresee that the defendant's conduct would cause or threaten serious bodily harm or fear.
b. exercised caution to avoid serious bodily harm or fear to other persons.

10. The defendant reasonably believed that the defendant's conduct was legal.

11. The defendant voluntarily acknowledged wrongdoing in connection with the offense to a law enforcement officer: a. at an early stage of the criminal process. b. prior to arrest.

12. The defendant has been a person of good character or has had a good reputation in the community in which the defendant lives.

13. The defendant is a minor and has reliable supervision available.

14. The defendant has been honorably discharged from the United States Armed Services.

15. The defendant has accepted responsibility for the defendant's criminal conduct.

16. The defendant has entered and is currently involved in or has successfully completed a drug treatment program or an alcohol treatment program subsequent to arrest and prior to trial.

17. The defendant supports the defendant's family.

18. The defendant has a support system in the community.

19. The defendant has a positive employment history or is gainfully employed.

20. The defendant has a good treatment prognosis and a workable treatment plan is available.

21. Additional written findings of factors in mitigation:

The Court makes no findings of any mitigating factors.

DETERMINATION

1. The Court finds that:
the State provided the defendant with appropriate notice of the aggravating factor(s) in this case.
the defendant waived any notice requirements as to the aggravating factor(s) in this case.

2. The Court finds that the State included in its criminal pleading the statement required by G.S. 15A-924(a)(7), if necessary.

3. The Court, having considered the evidence and arguments presented at the trial and sentencing hearing, and based on the admission(s) and findings of aggravating and mitigating factors as noted above,
finds that the factors in aggravation outweigh the factors in mitigation and that an aggravated sentence is justified.
finds that the factors in mitigation outweigh the factors in aggravation and that a mitigated sentence is justified.
makes no determination as to the relative weights of the factors found above, because the sentence imposed is in the presumptive range.

Date

Name Of Presiding Judge (Type Or Print)

Signature Of Presiding Judge

Material opposite unmarked squares is to be disregarded as surplusage.

AOC-CR-605, Side Two, Rev. 12/17 © 2017 Administrative Office of the Courts
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What a Felony Judgment Is and Why it Exists

A Felony Judgment is a formal court order that records the outcome of a criminal prosecution for a felony-level offense. It typically sets out the conviction, legal description of the offense, the sentence imposed (including imprisonment, fines, probation, and restitution), and any special conditions or collateral consequences. The judgment becomes part of the permanent court record, supports sentencing enforcement, and is the primary document used by corrections, probation, and other agencies to implement the court’s decision.

Why an Accurate Felony Judgment Matters

A correctly drafted Felony Judgment ensures the sentence is enforceable, preserves appellate issues, and provides a clear legal record for agencies implementing the court’s orders. Accuracy reduces challenges, administrative errors, and unintended collateral consequences.

Why an Accurate Felony Judgment Matters

Who Prepares and Relies on a Felony Judgment

Clear roles and accurate entries reduce later disputes and administrative burdens across criminal justice agencies.

  • Prosecutors and court clerks who draft and file the judgment for entry in the court record.
  • Judges who sign and enter the final judgment as the official court order.
  • Probation officers, corrections administrators, and victim services that rely on precise terms and conditions.

Core Elements Included in a Professional Felony Judgment

A comprehensive judgment lists all legal and administrative items needed for enforcement and appeals.

Case identity

Court name, docket number, case caption, and defendant’s legal name as shown on record.

Conviction details

Specific statute or code section violated, count numbers, and plea or verdict findings.

Sentence terms

Custody period, probation length, fines, restitution amounts, and any suspended or concurrent sentences.

Special conditions

Mandatory registrations, treatment conditions, firearm prohibitions, community service, or education requirements.

Credit and computation

Credits for time served and instructions for jail/prison credit calculations.

Signature block

Judge signature, date of entry, and clerk certification or seal as required by local rule.

Required Data Fields at a Glance

Defendant name: Exact legal name
Docket number: Court-assigned number
Offense code: Statute citation
Sentence type: Custody/probation/fine
Entry date: MM/DD/YYYY
Judge signature: Signed and dated

Step-by-Step: Creating and Entering a Felony Judgment

Follow a consistent sequence to draft, approve, and enter the judgment to avoid procedural defects.

  • 01
    Draft judgment: Create a clear draft with offense, sentence, and conditions.
  • 02
    Clerk review: Confirm docket, names, and statutory citations match case file.
  • 03
    Judge signature: Judge signs and dates the final document in open court or per court rule.
  • 04
    Entry and notice: Clerk files entry and provides copies to parties and supervising agencies.

Configuring an Online Judgment Workflow

Set up roles, fields, and routing rules when completing and circulating a judgment electronically.

Field Configuration
Signer roles Judge | Clerk | Prosecutor
Authentication Email link | SMS code | Advanced auth
Routing Sequential signing | Clerk enters after judge
Retention Automatic archive | Public docket export

Digital Signing and eSubmission Essentials

Use platforms that support secure storage, tamper-evident signed PDFs, and access controls consistent with court rules.

  • Format support: PDF, DOCX
  • Audit trail: Timestamps and IP logs
  • Authentication: Email/SMS or higher

Where to File or Send an Entered Judgment

After entry, distribute the judgment to required recipients and record it according to local procedure.

  • Court clerk: Primary filing and official docket entry.
  • Probation office: Provide sentencing terms and supervision conditions.
  • Corrections facility: Send custody instructions and release calculations.
  • Victim services: Notify victims of restitution and contact details.

Key Deadlines and Timing Considerations

Several statutory and procedural deadlines are triggered by judgment entry; track them carefully.

Judgment entry:

Start point for appeal timelines; record the MM/DD/YYYY entry date.

Notice to probation:

Provide immediately upon entry to permit supervision setup.

Appeal filing:

State rules vary; many require filing within 30 days of entry.

Restitution timeline:

Clerk executes collection processes per local statutes.

Record retention:

Retain original court record per statutory retention timelines.

Primary Processing Milestones After Conviction

A sequence of administrative steps follows conviction to enforce sentence and notify stakeholders.

01

Entry of Judgment

Clerk files and indexes the judge’s signed judgment.

02

Service of Copies

Copies delivered to probation, corrections, and counsel.

03

Sentence Execution

Custody, fines, and conditions are implemented.

04

Post-Entry Motions

Defendant may file appeal, motion to correct, or other post-conviction pleadings.

Consequences of an Incorrect or Incomplete Judgment

Enforcement issues: Delayed or improper execution
Appeal risk: Grounds for reversal
Custody errors: Incorrect release dates
Restitution miscalculation: Creditor disputes
Probation confusion: Unclear supervision terms
Victim impact: Notification failures

Common Mistakes to Avoid When Preparing a Judgment

  • Using inconsistent names or misspelling the defendant’s legal name, which can misidentify the record and impede enforcement.
  • Failing to specify whether sentences run concurrently or consecutively, producing ambiguous custody computations and litigation.
  • Omitting credits for time served or failing to record credit methodology, causing incorrect release dates and legal disputes.
  • Neglecting to include mandatory conditions such as registration obligations or firearm prohibitions, creating compliance and public safety gaps.

Authorized Signatories and Their Roles

Presiding Judge

Signs the judgment to make it an official court order. The judge’s signature and date of entry create appeal deadlines and trigger enforcement authorities.

Court Clerk

Enters the signed judgment into the docket, certifies copies, and distributes the judgment to probation, corrections, victims, and counsel per local practice.

Notarization, Witness, and Authentication Steps

Confirm local authentication steps for signed records; some jurisdictions require notarization or special clerical certificates.

01

Judge signing

Judge signs per court procedure; in-court signature usually suffices without notary.

02

Clerk certification

Clerk adds certificate or seal that attests to entry and authenticity.

03

Notary use

Notarization is uncommon for judge-signed judgments but may be required for related affidavits.

04

Remote options

Some courts accept electronically signed filings or RON-certified certificates where allowed.

05

Witness requirements

Witnesses are generally not required for judicial judgments; check court rules for related documents.

06

Record of entry

Clerk maintains the docket and any digital audit trail for access and service.

07

Certified copies

Clerk issues certified copies on request for agencies and third parties.

08

Electronic filing

E-filing systems may append their own authentication metadata to submitted judgments.

eSignature Vendor Comparison for Court Document Workflows

Compare common capability and pricing dimensions when selecting an eSignature provider for judgment preparation and distribution.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs and Troubleshooting for Felony Judgments

Answers to frequent questions about drafting, entry, signing, and distribution of felony judgments.


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