Charlotte Criminal Lawyer Blog
What is the Difference Between a Manslaughter and Murder Charge?
If you are facing manslaughter or murder charges you know that you could face serious consequences if you are found guilty. These are charges that you must take seriously because you could end up behind bars for a significant period of time. Generally, murder charges are more serious because they refer to an intentional killing while manslaughter is unintentional.
A strong defense is essential, regardless of the charges against you. An experienced criminal defense attorney will vigorously protect your rights and defend the charges. It is helpful to understand the difference between manslaughter and murder charges in North Carolina.
What is Manslaughter?
Manslaughter is “the unintentional killing of a human being without malice”. When someone unintentionally kills someone, it may be voluntary, involuntary, or vehicular.
- Voluntary manslaughter – As the name states, voluntary manslaughter means that a killing took place intentionally, but generally with some type of provocation. The death was not premeditated. For example, a person may have killed another in the heat of passion. A conviction would result in a minimum sentence of 4 years in prison.
- Involuntary manslaughter – This is the unintentional killing of another due to carelessness or negligence. Involuntary manslaughter occurs when someone takes part in reckless conduct that results in the death of another. If the death occurred during the commission of a crime, it may not have been a felony crime. This is a Class F felony with a potential sentence of up to 20 years in prison.
- Vehicular manslaughter – Vehicular manslaughter occurs when a person is unintentionally killed by a motor vehicle. These charges may occur when a driver is negligent, such as driving while intoxicated, driving recklessly, or speeding. Vehicular manslaughter is a Class D felony with punishments that range from 38 to 120 months behind bars.
Murder Charges in North Carolina
Murder is defined as the intentional killing of another person with malice and planning. Malice is the illegal intention to commit a crime, in this case, murder. Planning, or premeditation, means that the person meant to do harm to another. Premeditation can be formed in seconds and does not require someone to have planned a murder far ahead of time. There are different categories of murder based on the facts of the case.
- Felony murder is the most severe type of murder. If a person is killed in the commission of a felony, the resulting death is felony murder. Some of the common felonies that may be the initial crime include robbery, kidnapping, rape, arson, burglary, or any crime that was committed using a weapon.
- Second-degree murder is not premeditated but instead is intentional because of the reckless behavior that caused the death. Second-degree murder may be charged in cases where the offender had a reckless disregard for another person’s life.
Defending Murder or Manslaughter Charges
It is essential to put forth a strong defense against murder or manslaughter charges. If found guilty, the sentence may include fines and a significant period of jail time. Sometimes, the charges may overlap and it may be possible to seek reduced charges, depending on the situation. Some potential defenses to these types of charges include mistaken identity, self-defense, insanity, and intoxication, among others. A skilled criminal defense attorney will vigorously defend your case.
If you or a loved one are facing serious criminal charges, do not delay. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-17.html
https://www.law.cornell.edu/wex/malice#:~:text=In%20criminal%20law%20%2C%20malice%20indicates,v.
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