What Is the Difference Between Homicide and Manslaughter Under NC Law?

Facing charges related to the death of another person is one of the most serious and life-altering situations anyone can experience. If you’ve been accused of homicide or manslaughter in North Carolina, understanding the legal distinctions between these offenses is a crucial first step in preparing your defense.

At Randall & Stump, Criminal Defense Attorneys, our Charlotte homicide lawyers work with our clients to make sure they understand their charges and their options. If you are facing accusations of criminal acts, we will aggressively defend your rights and freedom, and fight for you to obtain a fair outcome. To schedule a free and confidential consultation of your case, contact us today.

What is Considered Homicide Under North Carolina Law?

Under North Carolina law, homicide refers broadly to the unlawful killing of another person. However, not all homicides are treated the same under the law. The specific charge depends on the circumstances of the killing, including intent, premeditation, and the presence of malice.

Homicide charges are classified primarily as:

First-Degree Murder

For this charge, North Carolina General Statute (NCGS) §14-17 (a) identifies factors such as acting willfully, deliberately, and lying in wait.

Example: Planning and executing the murder of another person after a dispute or for financial gain would typically fall under first-degree murder.

Second-Degree Murder

This offense is not pre-meditated. Instead, it involves malice “based on an inherently dangerous act or omission, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.”

In other words, your actions are intentional, but you lacked the specific intent to kill the other person even though you acted with total disregard to their life. Alternatively, you may have spontaneously had the intention to kill, but it was not premeditated.

Example: A person who drives recklessly while under the influence and causes a fatal crash could be charged with second-degree murder if their behavior was egregiously dangerous.

What is Manslaughter Under North Carolina Law?

It is important to know that manslaughter has its own definition under North Carolina Law. You might be tempted to think that manslaughter is when you kill someone unintentionally, but the details of such charges are somewhat complicated. There are two main types of manslaughter charges in NC:

Voluntary Manslaughter

These offenses are often referred to as crimes of passion, in which someone kills another person usually when provoked. Murders committed out of sudden rage or extreme emotional distress often result in voluntary manslaughter charges. That said, there can be some gray area between what constitutes first-degree murder and voluntary manslaughter. Aggressive prosecutors may charge you with first-degree murder when a voluntary manslaughter charge may be more appropriate.

Example: If someone discovers their spouse committing adultery and kills them in a moment of intense emotional distress, it could be considered voluntary manslaughter rather than murder.

Involuntary Manslaughter

Involuntary manslaughter occurs when someone unintentionally causes a death due to reckless or criminally negligent behavior.

Example: Failing to secure a firearm in a home with children, resulting in a fatal accident, could lead to involuntary manslaughter charges.

Vehicular Manslaughter

North Carolina also has a separate crime for involuntary manslaughter involving a motor vehicle.

Example: A driver texting behind the wheel who causes a fatal collision may face felony vehicular manslaughter charges.

Potential Consequences of a Homicide or Manslaughter Conviction

Both murder and manslaughter are very serious crimes and could result in harsh consequences. If convicted of any of these crimes, you face serious time in prison. Statutory penalties include:

• First-degree murder (class A felony) – Life in prison without parole, death penalty possible
• Second-degree murder (class B1 or B2 felony) – 94 months to life in prison without the possibility of parole
• Voluntary manslaughter (class D felony) – 38 to 160 months in prison
• Involuntary manslaughter (class F felony) – 10 to 41 months in prison
• Vehicular manslaughter (class A1 misdemeanor; or class F, E, D, or B2 felony) – one day to 393 months of incarceration

Contact Randall & Stump, Criminal Defense Attorneys if You’re Facing Murder Charges

Whether accusations of involuntary manslaughter or first-degree murder are being leveled against you, you can’t afford to leave your future in the hands of the prosecution. The homicide defense attorneys at Randall & Stump, Criminal Defense Attorneys have the experience, skills, and knowledge necessary to provide a strong defense on your behalf. If you’ve been charged with murder or manslaughter in the Charlotte area, we can help.

To schedule a free, initial consultation of your case, contact us today at (980) 237-4579.