The legal system punishes homicide more severely than any other offense. However, North Carolina’s statutes do not treat all homicides equally. Instead, the law divides homicides into several offenses, including murder and manslaughter.
The role of a criminal defense lawyer in these cases is critical to getting a fair trial and a sentence consistent with the law.
Understanding Second-Degree Murder Charges
When the state decides someone is legally culpable for another’s death, the result is a homicide charge, such as murder or manslaughter.
Murder is a more serious offense than manslaughter because it requires proof of malice aforethought. To secure a conviction, the prosecution must prove that the defendant had the specific intent to cause death or serious bodily harm, or that the person knowingly committed a dangerous felony that resulted in a death.
Manslaughter charges, in contrast, may apply to unintentional deaths and those where the intent was blurred by the heat of the moment.
These offenses are further divided into different degrees, including first-degree murder and second-degree murder. There are also two types of manslaughter charges in North Carolina: voluntary and involuntary. The distinctions among these offenses might save you from life imprisonment or even the death penalty.
Differences Between First-Degree Murder and Second-Degree Murder Charges
North Carolina law defines several circumstances that justify a first-degree murder charge:
- Homicide committed using nuclear, biological, or chemical weapons of mass destruction
- Willful, deliberate, and premeditated killings
- Death caused while perpetrating or attempting to perpetrate kidnapping, robbery, rape or other sex offenses, burglary, or arson
- Death caused during any felony while using or attempting to use a deadly weapon
- Death of a domestic or dating partner after a prior conviction for domestic violence against the same victim
Second-degree murder is defined as any murder that does not fall into these categories. These are some examples of crimes that may result in second-degree murder charges:
- An intentional killing that was not premeditated
- A killing during the commission of a felony that did not involve a deadly weapon
- The intentional and unlawful killing of a domestic or dating partner without a prior conviction for domestic violence
- A death that resulted from an inherently dangerous act that exhibits a reckless and wanton disregard for human life
The law has always treated a death occurring during the commission of a felony as a murder under the felony murder rule. However, North Carolina classifies felony murder differently depending on the circumstances surrounding the felony.
Thus, a death that occurs during a home invasion while the intruder is armed with a firearm could be charged as first-degree murder, even if the intruder killed the victim with something besides the firearm.
Conversely, a death that occurs during an unarmed home invasion could qualify as second-degree murder, even if the victim accidentally shot themselves with their own gun while trying to protect their home.
The distinction between these types of murder charges is important because 2nd-degree murder sentences are less harsh and do not qualify for the death penalty.
Distinguishing Second-Degree Murder and Manslaughter
Voluntary and involuntary manslaughter are also classified generally as homicide charges, although they are less serious than murder. Voluntary manslaughter is an intentional killing that would otherwise qualify as first-degree murder or second-degree murder, except that the accused acted under the heat of passion.
For example, someone might face voluntary manslaughter charges if they got into an argument with someone and immediately went to their car to retrieve a knife to stab them.
This act would not qualify as self-defense since the accused withdrew from the situation and then returned to it. However, the prosecution’s case for a second-degree murder charge is undercut by the accused’s lack of premeditation and the provocation by the victim.
Involuntary manslaughter is an unintentional killing that occurs under circumstances that show an indifference to human life generally. For example, a drunk driver might face vehicular manslaughter charges due to their voluntary intoxication.
Thus, the key differences between most manslaughter and first-degree murder or second-degree murder charges involve planning and the intent to kill another person at the start of the episode leading to the death.
Standard Sentencing Guidelines for 2nd-Degree Murder Under North Carolina Criminal Law
All felonies, including second-degree murder, follow the same sentencing protocols. The criminal statute defines the crime’s offense level, often based on the circumstances surrounding it. The judge then uses a matrix for determining sentences. This phase of the sentencing for 2nd-degree murder convictions is fairly mechanical.
Offense Level
Second-degree murder has two possible offense levels. Most cases are categorized as Class B1 felonies. However, the charge falls to a Class B2 felony if the prosecution’s case was based on recklessness rather than an intentional killing.
Class B2 felonies are still punished harshly because the offender’s level of recklessness showed extreme indifference to human life. However, without proof of an intent to kill, a judge cannot sentence the defendant at the Class B1 offense level.
Prior Convictions
The defendant’s previous convictions play a powerful role in determining their place on the sentencing matrix. Under North Carolina law, the law assigns points for each conviction and uses the point total to assign the “prior record level.” The following points are assigned during this process:
- 10 points for each Class A felony conviction
- 9 points for each Class B1 felony conviction
- 6 points for each Class B2, C, or D felony conviction
- 4 points for each Class E, F, or G felony conviction
- 2 points for each Class H or I felony conviction
- 1 point for each non-traffic Class A1 or Class 1 misdemeanor offense
- 1 point for each impaired driving or misdemeanor death by vehicle offense
Additionally, if the defendant is a repeat offender, the court must add one point to each previous conviction for the same offense. Finally, the court adds one point for any offense committed while imprisoned or on parole or probation.
The points based on the defendant’s criminal history are summed, and the prior record level is assigned as follows:
- Level I for no points or 1 point
- Level II for 2 to 5 points
- Level III for 6 to 9 points
- Level IV for 10 to 13 points
- Level V for 14 to 17 points
- Level VI for 18 or more points
The prior record level for a second-degree murder conviction charged as a B1 felony could determine whether the judge will consider a sentence of 12 years in prison or is compelled to sentence you to life imprisonment without the possibility of parole.
Factors That Influence Sentencing
The felony sentencing matrix includes three ranges based on certain aggravating and mitigating factors. The middle range is the presumptive range of prison sentences for the criminal offense. The judge chooses a sentence in this range if the court finds no mitigating or aggravating factors or if the aggravating and mitigating factors balance.
The lower range is applied when the mitigating factors outweigh the aggravating factors. Conversely, the upper range is used when the aggravating factors outweigh the mitigating factors.
This means that even if you have a lengthy criminal history, you might be eligible for lesser sentences in the matrix based on mitigating factors. Conversely, even a first-time offender might receive life imprisonment if the crime involved various factors that present aggravating circumstances.
After a conviction, the court moves on to the sentencing phase. The prosecution must give the offender and their attorney 30 days’ notice of any aggravating factor it intends to present. The prosecution must prove aggravating factors beyond a reasonable doubt for the court to consider them during sentencing.
Conversely, the defendant’s legal team is required to prove mitigating factors by a preponderance of the evidence. In other words, they must prove that the mitigating factor is more likely to be true than false. This standard is much lower than “beyond a reasonable doubt.”
Possible Sentence Enhancements and Aggravating Factors
North Carolina law lists dozens of possible aggravating factors for crimes like second-degree murder. If you are convicted of second-degree murder, the state will review this list and your history carefully to identify anything that might increase the penalty.
The following aggravating factors might increase second-degree murder penalties:
- Someone commits murder to avoid or prevent an arrest or to escape from custody
- The defendant induced or joined with others to commit the unlawful killing
- The murder was committed for the benefit of or at the direction of a criminal gang to further the gang’s objectives
- The crime was a homicide committed for hire
- The victim was a law enforcement officer while engaged in their official duties
- The second-degree murder key factors were “heinous, atrocious, or cruel”
- The murder was committed using a device, like a bomb, that posed a risk of death to multiple people
- The murder was committed on the property of a hospital or medical practice
- The homicide victim was disabled, elderly, an infant, or a young child
- The murder was committed in the presence of a minor under 18
- The defendant caused the death due to the victim’s status as a racial or religious minority
- The defendant has a juvenile record of committing crimes that would have been felonies if committed by an adult
The court can also consider other aggravating factors that are reasonably related to the defendant’s sentence.
Mitigating Factors
The list of mitigating factors is much shorter. However, it is also much broader in scope than the highly specific aggravating factors. The following situations may lead to a reduction in a second-degree murder sentence.
Duress, Coercion, or Threat
Certain pressures might not rise to the level of an affirmative defense. However, they may still reduce culpability. For example, if you were coerced into participating in a murder conspiracy because of threats to your family, you can assert that fact during sentencing.
Passive Participant
Someone convicted of second-degree murder can assert that they were either a passive participant or played only a minor role in the murder.
Imagine that you were charged with felony murder because someone died during a bank robbery. However, your only role was to call the robbers when you saw the bank manager arrive. In this case, a minor role might earn you and any other passive participants lower 2nd-degree murder sentences.
Diminished Capacity
A defendant can argue that they were not thinking straight due to mental illness, a physical condition such as a brain injury, age, immaturity, or limited mental capacity.
Acceptance of Responsibility
Acknowledgements of responsibility can go a long way to earning reduced sentences. For example, the defendant may have turned themselves in or voluntarily acknowledged wrongdoing to a law enforcement officer.
Similarly, they can present evidence during sentencing that they sought help after their arrest for drug, alcohol, or mental health issues that may have influenced the crime.
Erroneous Mental State
A defendant can argue that they did not reasonably foresee that their conduct would lead to the victim’s death or that they tried to avoid it. For example, suppose that you intentionally carried an unloaded gun during a robbery attempt but still faced felony murder charges for a co-conspirator’s acts.
Another mitigating factor is when the defendant reasonably believed their conduct was legal, such as if someone mistakenly used deadly force to defend themselves when the law did not allow it.
A defendant can also argue that they acted under strong provocation that was not enough to qualify for the lesser charge of manslaughter but still played a role in the crime.
Subsequent Cooperation
A defendant might receive a reduced sentence by asserting that they helped the police and prosecutors apprehend and prosecute another felon.
Character
Evidence of good character might fall into these categories:
- Honorably discharged service member
- Gainfully employed
- Provider for your family
- A good candidate for treatment
- Member of a supportive community
- A minor with reliable supervision
As with the aggravating factors, a court can also consider any other relevant mitigating factor that reflects on 2nd-degree murder sentences.
How Hiltzheimer Law Can Help Defend Against 2nd-Degree Murder Charges
Our attorneys work tirelessly to fight for a positive outcome in 2nd-degree murder convictions sentencing. In many situations, we can uncover evidence that helps us negate the prosecution’s aggravating factors and prove mitigating factors to reduce our client’s sentence.
We achieve this in the following ways:
- Discussing your criminal record and life history to identify positive factors
- Gathering evidence to present to a judge or jury to show the full picture
- Negotiating with the prosecution to seek a dismissal or a fair deal based on mitigating factors
- Advocating for a fair sentence during the sentencing phase of your case
Our firm has extensive experience defending all types of criminal offenses and will fight for a fair process during your trial and sentencing.
Contact Us for a Free Consultation to Start Your Second-Degree Murder Defense Strategy
The potential sentencing for 2nd-degree murder is wide-ranging, and there are many legal tactics for reducing it. Contact Hiltzheimer Law Office to discuss your charges and learn how we can fight on your behalf – either at trial or at a sentencing hearing.
