Homicide-Related Charges in North Carolina

North Carolina recognizes several types of homicide-related charges, each with distinct legal definitions and penalties. Understanding these charges is essential when facing prosecution.
Below are the distinct categories of homicide-related offenses in North Carolina:

First-Degree Murder – Intentional, premeditated killing or murder committed during the commission of certain felonies.

Second-Degree Murder – Murder that is intentional but without premeditation.

Third-Degree Murder (Manslaughter) – Includes voluntary, involuntary, and vehicular manslaughter.

Voluntary Manslaughter – Killing in the heat of passion or provocation.

Involuntary Manslaughter – Unintentional killing resulting from reckless or negligent actions.

Vehicular Manslaughter – Death caused by reckless driving or driving under the influence.

First-Degree Murder

Is first-degree murder the most serious homicide charge in North Carolina? Yes, it’s defined as the intentional and premeditated killing of another person. This charge may also apply when a murder is committed during the commission of a felony, such as robbery, arson, or kidnapping.

How Are First-Degree Murders Classified?

Premeditated and deliberate killings.

Felony murder (killing committed during the commission of another felony).

Murders involving poison, lying in wait, or torture.

What Are the Consequences of First-Degree Murder in North Carolina?

Possible life in prison without parole.

The death penalty (in rare cases).

What Should I Do If I Think I May Be Charged with First-Degree Murder?

You have the right to remain silent: Do not talk to law enforcement with an attorney present.

Contact a Homicide Lawyer Immediately: First-degree murder is one of the most serious criminal charges. You need a skilled criminal defense attorney with experience handling cases like yours.

Avoid Discussing the Case with Anyone:

No conversations with friends or family, even trusted individuals can be called to testify against you.
No social media posts, Law enforcement and prosecutors monitor social media activity for incriminating statements.

Do Not Consent to Searches Without a Warrant: Know your rights, police may try to search your home, vehicle, or personal property. Do not consent unless they have a valid warrant.

If you are facing first-degree murder charges in Wake County or Durham County, NC, it’s critical to hire a criminal defense lawyer as soon as possible. Attorney Patrick Roberts can build a strong defense and ensure your rights are protected.

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Second-Degree Murder

Second-degree murder is an intentional killing that lacks premeditation but still involves malice. This charge often applies when someone acts negligently with reckless disregard for human life.

Examples of Second-Degree Murder

A bar fight that escalates to fatal violence.

Shooting into a crowd without intent to kill but causing a fatality.

Driving at excessive speeds in a fit of road rage, causing a deadly crash.

How Much Time Can Someone Serve for Second-Degree Murder in NC?

If found guilty of second-degree murder in North Carolina, time served can be up to 12 years to life in prison, depending on aggravating factors.

Contact Patrick Roberts, an experienced murder defense lawyer in Raleigh & Durham, NC, who will help build your case, challenge the charges and evidence against you and fight for your best outcome.

How Can a Murder Defense Lawyer Help?

Examining evidence for weaknesses in the prosecution’s case.

Negotiating plea agreements to reduce charges.

Challenging the prosecution’s arguments regarding intent and malice.

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Third-Degree Murder/ Manslaughter

In North Carolina, third-degree murder typically falls under the category of manslaughter. It involves an unlawful killing without premeditation or specific intent to kill.

Types of Manslaughter Charges

Voluntary Manslaughter – A killing committed in the heat of passion after provocation.

Manslaughter – A killing resulting from reckless or criminally negligent behavior.

Vehicular Manslaughter – A fatal accident caused by reckless or impaired driving.

Manslaughter Defense Lawyer in Durham & Wake County, NC

Manslaughter charges can be complex and require an aggressive defense strategy. Attorney Patrick Roberts has extensive experience defending clients in Raleigh-Durham and throughout North Carolina.

How Much Time Can Someone Serve for Manslaughter in NC?

3 to 25 years in prison, depending on the severity of the case. Hiring a manslaughter lawyer in Durham County can seriously impact the outcome of your case. Let Patrick Roberts put his local knowledge and skilled defense to work for you.

Can a Manslaughter Charge be Reduced or Dismissed?

Yes, with strong legal representation, charges may be reduced through plea negotiations or dismissed if evidence is weak.

Should I Hire a Manslaughter Lawyer in Raleigh-Durham, NC?

Yes, even though manslaughter carries lighter penalties than first- or second-degree murder, a conviction can still result in significant prison time and a permanent criminal record.

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Role of Malice in A Murder Case in North Carolina

Malice is a critical factor in distinguishing between different degrees of homicide. In first- and second-degree murder cases, prosecutors must prove the presence of malice—either express or implied—to secure a conviction. This legal concept differentiates murder from manslaughter, which lacks malice.

How Much Does It Cost to Hire a Murder Defense Lawyer?

The cost of hiring a murder defense lawyer in Raleigh or Durham varies depending on factors such as the complexity of the case and the resources required to build a strong defense. Typically, the overall cost for defense against murder charges is between $50,000 and $150,000.

Factors That Affect Legal Fees

Severity of Charges – First-degree murder cases, which may involve the death penalty or life in prison, require more extensive legal work compared to second-degree murder or manslaughter cases.

Trial vs. Plea Bargain – If a case goes to trial, legal fees can be significantly higher than if a plea deal is reached early in the process.

Investigations & Expert Witnesses – Many murder cases require private investigators, forensic experts, medical examiners, and crime scene analysts, which adds to the overall cost.

Additionally, in certain situations, some if not all secondary fees may be covered by the court system.

Schedule a FREE Consultation with a Murder Defense Lawyer

If you are facing murder or manslaughter charges in the Durham, NC area, turn to Patrick Roberts Law by calling 919-746-7206 for a free consultation or click here to submit your contact details to him online and take the first step toward building your defense.