What To Expect When Facing Murder Or Manslaughter Charges In North Carolina

Feb 06, 2024

The steps and possible outcomes of a North Carolina homicide charge.

Homicide is generally considered the gravest of offenses, but there are many classifications based on intent and circumstances. Furthermore, the legal process after the arrest is complex and time-sensitive.

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What is Murder?

First degree murder is the willful, deliberate, and premeditated killing of another person and is a class A felony punishable by death or life in prison.

Second degree murder is the killing of another person due to a reckless, wonton, and inherently dangerous act. This can include killing someone while you were impaired or selling drugs to someone who dies of an overdose. As a B2 felony, a conviction carries 94 to 393 months in prison.

What is Manslaughter?

Manslaughter is a lesser crime to murder and often lacks the intent requirements of murder. Heat-of-passion killing is considered voluntary manslaughter while causing a fatality while DUI would be involuntary manslaughter. Voluntary manslaughter is a Class D felony and carries 44 to 182 months in prison, while involuntary manslaughter is a Class F felony and carries 10 to 41 months in prison.

What Can I Expect?

After arrest and booking, the judge will set an appearance and bail—dependent on the charges and risk of flight/danger. The next step will be setting a probable cause hearing and eventually trial, but a skilled attorney will find ways to attack the state’s evidence far before going to trial. If crime scene evidence was not properly stored or if a blood-alcohol sample was not properly handled, a filed motion can exclude the evidence. Proving impairment can be difficult without a blood test and may force the prosecutor to dismiss or amend the charges.

If the charges go to trial and the offender is found guilty, the judge will generally have large discretion in the sentencing. He may choose to impose the minimum prison sentence and place the offender on supervised probation in lieu of actually going to prison. Or the judge can require the offender to serve the maximum sentence, without probationary release. The judge also has substantial discretion in ordering fines and restitution to injured parties.

Citations:

N.C. Gen. Stat. Ann. § 14-18 Manslaughter.

N.C. Gen. Stat. Ann. § 15A-1340.17 Felony penalties.

N.C. Gen. Stat. Ann. § 14-17 Murder

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2115 Rexford Road, Suite 320 Charlotte NC 28211

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