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In North Carolina homicide offenses range from First-Degree Murder to Death by Vehicle. If you are found guilty of homicide you run the risk of being incarcerated for an extensive period of time. If you've been charged with homicide, it's important that you seek out an experienced legal team to thoroughly evaluate every aspect of your case. The attorneys at Andresen & Arronte have experience defending individuals charged with homicide.
Common Homicide Offenses in North Carolina include:
- First-Degree Murder: A person guilty of this offense kills another human being with malice and with specific intent to kill formed after premeditation and deliberation. A person is also guilty of this offense if he or she poisons, starves or tortures a person to death. First degree murder may also be charged if a person kills a human being while committing or attempting arson, rape, robbery, burglary, kidnapping, or any felony in which a deadly weapon is used. First-Degree Murder is a Class A felony, punishable by death or imprisonment for life with the possibility of parole.
- Second-Degree Murder: A person is guilty of Second-Degree Murder if he or she kills another person with malice. Second-Degree Murder has all the elements of First-Degree Murder except the state is not required to prove specific intent to kill. Second-Degree Murder is a Class B2 felony.
- Voluntary Manslaughter: A person guilty of this offense kills another person without malice. The law recognizes at least two instances in which a person can be guilty of killing another person without malice. A person is found to be guilty of Voluntary Manslaughter rather than First or Second Degree Murder when he or she commits a homicide in the sudden heat of passion caused by a sufficient degree of provocation that would arouse an ordinary person beyond his or her power of control. A person is also guilty of Voluntary Manslaughter rather than First or Second Degree Murder when a killing is committed during the exercise of an "imperfect" right of self-defense. Voluntary Manslaughter is a Class D felony.
- Involuntary Manslaughter: A person guilty of this offense kills another person unlawfully while engaging in an unlawful act that is not a felony but is an activity that is inherently dangerous to life. A person can also be found guilty of Involuntary Manslaughter by killing another person while engaging in conduct that is especially reckless and careless as to show a complete disregard for the consequences of this act, or a needless indifference to the rights and safety of others. Voluntary Manslaughter can also be charged by the State when a person makes culpable omission to perform a legal duty. Involuntary Manslaughter is a Class F felony.
- Death by Vehicle: A person is guilty of felony death by vehicle if he or she kills another living human being unintentionally while engaged in the offense of driving while impaired. Impaired driving must be the proximate cause of the death. A person is guilty of the lesser offense of Misdemeanor Death by Vehicle if he or she kills another human unintentionally while committing motor vehicle violation other than driving while impaired. Again, the violation must be the proximate cause of the death. Felony Death by Vehicle is a Class G felony while Misdemeanor Death by Vehicle is a Class 1 misdemeanor.
If you have been charged with homicide, you need an experienced dedicated defense team. A homicide conviction may seriously affect your personal and professional life. Call Andresen & Arronte to schedule a free consultation to discuss your case.
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