Facing Manslaughter Charges in North Carolina

North Carolina recognizes a number of different types of manslaughter crimes. All manslaughter charges are extremely serious felony charges that can come with lengthy prison sentences. If you have been arrested and charged with the crime of manslaughter, you should take action to defend yourself as soon as possible. The more time you have to prepare your legal defense, the better.

Voluntary manslaughter is a Class D felony in North Carolina, and involuntary manslaughter is a Class F felony. If convicted of voluntary manslaughter, a defendant could face up to 64 months in prison, with a minimum sentence of 51 months. If convicted of involuntary manslaughter, a defendant must serve a minimum of 13 months in prison. In addition to serving significant prison time, you may face fines and other long-term consequences.

Your employment and education prospects could be diminished, as well. Contact the experienced defense lawyers at Arnold & Smith, PLLC as soon as possible to schedule your case evaluation. We will review your case and develop a proper legal defense strategy according to the unique facts of your situation.

Voluntary manslaughter is the intentional killing of a person without malice. A killing is without malice if the defendant, upon adequate provocation, acts in a heat of passion, whereby their state of mind overcomes their ability to reason and control their actions. The provocation of defendant must be such that it would naturally and reasonably arouse the passion of an ordinary person beyond their power of control.

In addition, voluntary manslaughter occurs when one kills intentionally in the exercise of self-defense where excessive force under the circumstances is employed. While the act of killing in these circumstances is unlawful and intentional, the circumstances surrounding the act displaces malice and reduces the offense from murder to manslaughter.

North Carolina recognizes the crime of vehicular manslaughter. In the crime of vehicular manslaughter, the defendant causes another person’s death through a motor vehicle accident. Evidence is sufficient in a vehicular manslaughter case if the defendant is guilty of an intentional, willful or wanton violation of a statute designed for the protection of human life and limb, or guilty of an inadvertent violation of such statute accompanied by recklessness and thoughtless disregard of consequences, or careless indifference to the safety and rights of other, and that such violation and conduct was the proximate cause of the injury and resulting death of another person.

Common examples of criminal activity that can lead to a conviction of vehicular manslaughter include: texting while driving, reckless driving, speeding, driving while under the influence, and running a red light.

North Carolina recognizes both felony and misdemeanor vehicular manslaughter. The severity of the penalties depends on the circumstances of the crime and whether or not a person has been convicted of this crime in the past. Penalties for vehicular manslaughter can include the following:

• Misdemeanor vehicular manslaughter is a Class A1 crime with a sentence of up to 150 days in jail. The judge may set a fine.
• Vehicular manslaughter can also result in a Class D felony charge with a sentence of 38 to 160 months in prison, and a fine to be determined by the judge.
• Vehicular manslaughter can also be considered an aggravated felony. If a person has been convicted of driving while under the influence of alcohol or drugs, they will also face Class D felony charges. The penalties for a Class D felony include a prison sentence between 64 and 160 months as well as a fine to be decided by the judge.

If you or someone you love is facing manslaughter charges, you are probably overwhelmed. You may not know how to proceed and are likely worried about the future. At Arnold & Smith, PLLC our legal team has extensive trial court experience with years of practice fighting for clients charged with manslaughter and other criminal charges. If you are facing manslaughter charges, your freedom is at stake. After reviewing your case, our legal team can determine what is the best plan of action and can help you raise an aggressive legal defense that could result in the dismissal of your manslaughter charges or reduce any pending charges. Call us at (704) 370-2828 or fill out our contact form online. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville, and Monroe.