North Carolina Murder Defense Lawyer

The difference between murder and manslaughter lies in the nature of the allegations. Did you have cause or intention to commit the crime? If there was no malice, and you unintentionally committed the crime, it is considered manslaughter. Alternatively, intentionally taking someone else’s life is murder.

Types of Murder

If the defendant is charged with murder, after reviewing the details of the crime, the defendant’s charges can be further categorized as follows:

• First-degree murder: The defendant is charged with first-degree murder if the homicide was premeditated and acted upon
• Second-degree murder: This is a murder that wasn’t premeditated. Behavior that was not meant to result in the death of another person but ends up with someone losing their life will be charged as second-degree murder
• Felony murder: Felony murder occurs when a person is accidentally killed while a felony is being committed—robbery, burglary, rape, arson, kidnapping, etc. Additionally, an accomplice to a felony murder is also liable to face first-degree murder

In murder cases, the prosecution must prove beyond reasonable doubt that the defendant had malice and deliberately premeditated killing someone before doing it. With the help of a seasoned North Carolina Murder defense lawyer, you can poke holes in the prosecution’s evidence to see that their arguments don’t stick.

Types of Manslaughter

For a defendant to be convicted of manslaughter, they must prove that the crime was not premeditated. Manslaughter can be further classified as follows:

• Involuntary manslaughter: Unintentional killing of a person as a result of criminally negligent or reckless conduct or during a non-felony crime
• Voluntary manslaughter: Intentionally killing a person, but under the circumstances, any reasonable person would become emotionally or mentally disturbed. Voluntary manslaughter can be further categorized as follows:
  • The heat of passion: The murder crime occurs in a state of high emotion where the defendant loses control of their actions and has no time to regain control of them
  • Imperfect self-defense: Occurs when the defendant uses unreasonable force which they deemed necessary at the time to defend themselves or another individual and results in death
• Vehicular manslaughter: This refers to a murder that occurs unintentionally because of the driver’s recklessness or negligence

If you have been arrested in relation to causing death and had no cause or intention to kill, contact a North Carolina murder defense lawyer to study the details of your case and prepare your best defense.

According to North Carolina law, the circumstances under which the crime occurred will directly influence the severity of the defendant’s sentencing. Additionally, aggravating factors may increase penalties, while mitigating factors may reduce the severity of punishment. The defendant’s criminal history could also tilt the scales for or against them in the sentencing.

Potential penalties for murder and manslaughter charges may include:

• First-degree murder/felony murder: Classified as a Class A felony that is punishable with life in prison with no parole or death by lethal injection
• Second-degree murder: Classified as either a Class B1 felony and is punishable with a prison sentence of between 192 months to life in prison, or a Class B2 felony that is punishable with a prison sentence of up to 125 months
• Voluntary manslaughter: Class D felony, punishable with a prison sentence of up to 51 months
• Involuntary manslaughter and vehicular manslaughter: Class F felony, punishable with a prison sentence of up to 13 months

If you are already in police custody facing possible murder, or manslaughter charges, the prosecutor and police may try to offer you a plea bargain of reduced jail time if you confess to the crime. Do not negotiate a plea bargain with the police on your own. Contact a North Carolina criminal defense attorney who’s better skilled to negotiate for a better deal.