(a) Any person who has been convicted of two violent felonies in any federal court, in a court of this or any other state of the United States, or in a combination of these courts is declared to be a violent habitual felon. For purposes of this Article, "convicted" means the person has been adjudged guilty of or has entered a plea of guilty or no contest to the violent felony charge, and judgment has been entered thereon when such action occurred on or after July 6, 1967. This Article does not apply to a second violent felony unless it is committed after the conviction or plea of guilty or no contest to the first violent felony. Any felony to which a pardon has been extended shall not, for the purposes of this Article, constitute a felony. The burden of proving a pardon shall rest with the defendant, and this State shall not be required to disprove a pardon. Conviction as an habitual felon shall not, for purposes of this Article, constitute a violent felony.
(b) For purposes of this Article, "violent felony" includes the following offenses:
(1) All Class A through E felonies.
(2) Any repealed or superseded offense substantially equivalent to the offenses listed in subdivision (1).
(3) Any offense committed in another jurisdiction substantially similar to the offenses set forth in subdivision (1) or (2). (1994, Ex. Sess., c. 22, ss. 31, 32; 2000-155, s. 14.)
Notes of Decisions
Cited in
19
cases (
3 in the last 5 years), 1990–2024 · leading case:
State v. Wolfe, 577 S.E.2d 655 (N.C. Ct. App. 2003).
State v. Wolfe, 577 S.E.2d 655 (N.C. Ct. App. 2003).
· cites it 10× “N.C. Gen. Stat. § 14-7.7 (2002). G.S. § 14-7.”
State v. Stevenson, 523 S.E.2d 734 (N.C. Ct. App. 1999).
· cites it 14× “In 97 CRS 13928, defendant was charged as a violent habitual felon in violation of N.C. Gen. Stat. § 14-7.7 . This statute provides, in part: “[a]ny person who has been convicted of two violent felonies in any federal court, in a court of this or any other state of the United…”
State v. Safrit, 551 S.E.2d 516 (N.C. Ct. App. 2001).
· cites it 7× “” N.C. Gen. Stat. § 14-7.7 (2000). For purposes of N.”
State v. Mason, 484 S.E.2d 818 (N.C. Ct. App. 1997).
· cites it 6× “Defendant first contends the violent habitual felon statute, N.C. Gen. Stat. §§ 14-7.7 through 14-7.12 is unconstitutional on its face because it denies a defendant due process and equal protection, denies freedom from ex post facto laws, denies freedom from cruel and unusual…”
State v. Smith, 533 S.E.2d 518 (N.C. Ct. App. 2000).
· cites it 4× “As the habitual misdemeanor assault statute similarly does not impose punishment for previous crimes, but imposes an enhanced punishment for behavior occurring after the enactment of the statute, because of the repetitive nature of such behavior, we hold the habitual misdemeanor…”
State v. Mewborn, 507 S.E.2d 906 (N.C. Ct. App. 1998).
· cites it 2× “Defendant alleges that the State failed to prove that the prior felonies of defendant were in fact violent felonies under N.C. Gen. Stat. § 14-7.7 (1996). This argument is without merit.”
State v. Petty, 397 S.E.2d 337 (N.C. Ct. App. 1990).
· cites it 2× “*467 L Defendant first contends that his conviction and sentence as a habitual felon violated due process because the State’s evidence to support the charge was insufficient as a matter of law where (a) the State failed to prove that defendant had been convicted of or pled…”
Holland v. Donnelly, 216 F. Supp. 2d 227 (S.D.N.Y. 2002).
“234(4) (exempting individuals sentenced to life imprisonment for first-degree murder from eligibility for parole); N.C. Gen. Stat. § 14-7.7 (authorizing life imprisonment without parole for certain repeat offenders convicted of violent felonies); 42 Pa.”
State v. Hart, 353 P.3d 253 (Wash. Ct. App. 2015).
“084 ; N.C. Gen. Stat. Ann. §§ 14-7.7 , 14-7.12; S.”
State v. McDougald (N.C. Ct. App. 2022).
· cites it 4× “” N.C. Gen. Stat. § 14-7.7 (a) (2021). “For purposes of this Article, ‘violent felony’ includes .”
State v. McDougald (N.C. Ct. App. 2022).
· cites it 4× “” N.C. Gen. Stat. § 14-7.7 (a) (2021). “For purposes of this Article, ‘violent felony’ includes .”
State v. Melton (N.C. Ct. App. 2014).
· cites it 4× “” Violent felonies include any Class A through E felonies under North Carolina law and any substantially similar offenses in other jurisdictions.”
— N.C. Gen. Stat. § 14-7.7(b)(l) — 1 case
State v. Mason, 484 S.E.2d 818 (N.C. Ct. App. 1997).
“Defendant first contends the violent habitual felon statute, N.C. Gen. Stat. §§ 14-7.7 through 14-7.12 is unconstitutional on its face because it denies a defendant due process and equal protection, denies freedom from ex post facto laws, denies freedom from cruel and unusual…”
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