Experienced North Carolina Homicide Defense Lawyers
Skilled defense of Homicide or Murder charges in Raleigh NC
These are serious charges that necessitate a serious defense. Whether an investigation is underway and a charge has not yet been filed, or if a defendant is already in custody, we can help. DWI, DUI, Manslaughter, mental health issues, First Degree Murder, Second Degree Murder, child related deaths: each has special facets that must be addressed. Our team has the resources and knowledge to address these issues.
Lawyers defending against First and second degree murder charges in North Carolina
A homicide is the killing of any human. First and Second Degree Murder are codified in the North Carolina General Statutes under chapter 14-17. That statute sets out the distinction between the two degrees, and assesses the punishment for each. First degree murder is a class A felony, punishable under most circumstances by death or life imprisonment, without the possibility of parole. Second degree murder is a class B2 felony, punishable by up to 484 months in prison.
Voluntary manslaughter is a class D felony, punishable by up to 204 months in prison. Voluntary manslaughter is a common law offense for which the General Assembly has prescribed a particular range of punishment. North Carolina General Statute 14-18 provides this punishment. Voluntary manslaughter is the killing of another living human being without malice. Circumstances giving rise to voluntary manslaughter include ‘heat of passion’ homicides, and homicides that derive from imperfect self-defenses.
Involuntary manslaughter is also a common law offense for which the General Assembly prescribed punishment under North Carolina General Statute 14-18. Involuntary manslaughter is a class F felony. The crime occurs when one kills another living human being by an unlawful act that does not amount to a felony and is not ordinarily dangerous to life, or does so by a culpably negligent act of omission.
Homicides relating to traffic offenses
Many homicides are related to traffic offenses. North Carolina General Statute 20-141.4 sets out many the crimes that occur in vehicular related incidents. These crimes include Felony Death by Motor Vehicle, Misdemeanor Death by Motor Vehicle, Aggravated Felony Death by Vehicle, and Repeat Felony Death by Vehicle Offender.
Felony Death by Vehicle occurs when a person unintentionally causes the death of another person while driving while impaired, and the impaired driving is the proximate cause of the death. Felony Death by Vehicle is a class D felony punishable by up to 204 months in prison.
Misdemeanor Death by Vehicle occurs when a person unintentionally causes the death of another while engaged in the violation of any State law or local ordinance pertaining to the operation of the vehicle, and the violation is the proximate cause of the death. This crime often applies when a person’s speeding, failure to stop, or failure to yield results in the death of another. This is a class A1 misdemeanor punishable by up to 150 days in jail.
Aggravated Felony Death by Vehicle occurs when a person commits Felony Death by Vehicle and has a prior conviction for DWI within the proceeding seven years. This is a class D felony that must be sentenced in the aggravated range of sentencing. Likewise, the felony crime is punishable by up to 204 months in prison.
Repeat Felony Death by Vehicle Offender is a class B2 felony. The crime arises when a person commits Felony Death by Vehicle and has a prior homicide conviction related to impaired driving. The specifics of this crime are found within North Carolina General Statute 20-141.4(a6) and (b).
Hatch, Little & Bunn’s professional Criminal Defense Team is experienced in defending against these charges. Contact our team of attorneys today for a free consultation.
Contact The Hatch, Little & Bunn’s professional Criminal Defense Team for a committed defense
We are experienced in defending against these charges. Contact our team of attorneys today for a free consultation. Call The Criminal Defense Team of Hatch, Little & Bunn, LLP at 919-714-4306 or contact us online to schedule your consultation at our Raleigh, North Carolina office.