Facing voluntary manslaughter charges in North Carolina can bring your world to a standstill. You may not even know what the charges mean.
North Carolina law has specific categories for unlawful killings, and one of these is voluntary manslaughter. It’s a unique offense among the rest of the homicide charges you could face in the state because it recognizes that someone’s life was taken and that it was done so intentionally, but that there was no malice involved.
The implications of voluntary manslaughter in North Carolina can still be severe, however. Criminal law requires pursuing justice, and you can expect that the prosecution will do everything it can to secure a conviction.
If you’re facing voluntary manslaughter accusations, then it’s essential that you hire a criminal defense attorney who can fight for your freedom and your rights.
At Hiltzheimer Law Office, our team of North Carolina lawyers provides the aggressive defenses that our clients need to clear their name or to get the best possible deal. Learn more about voluntary manslaughter in NC and the penalties you could face if you’re convicted.
Understanding Voluntary Manslaughter Under North Carolina Law
The intentional taking of a human life without any form of reasonable provocation would be classified as murder. Malice aforethought is the key to establishing that a murder took place, meaning that you allegedly planned the offense. It’s a key element that the prosecution needs to prove if they’re arguing for a first-degree murder conviction, for example.
Malice aforethought is the most important difference between premeditated murder and voluntary manslaughter charges. Voluntary manslaughter is an unlawful killing without any form of malice. It’s not an entirely accidental killing, however. The defendant must have displayed a disregard for human life or an intent to kill, but with mitigating factors.
It’s important to note the differences between voluntary and involuntary manslaughter cases. Involuntary manslaughter involves an act of criminal negligence that results in the death of a human being. The defendant’s actions should not have been intentional and could have occurred during the commission of another crime.
Yet another similar but not identical charge is that of vehicular manslaughter. It’s a form of involuntary manslaughter that occurs if someone kills another person during a car accident as a result of negligent conduct, like speeding or distracted driving.
Because there was no intent to harm anyone, it’s considered involuntary manslaughter and could be charged as either a misdemeanor or felony, depending on the factors surrounding the collision.
Voluntary manslaughter, however, is a felony offense, and it can have a serious impact on your life if you’re convicted. That’s why hiring a criminal defense attorney is essential. With experienced representation, you can fight for lower charges, demonstrate that the offense occurred in self-defense, or show that you were not the person who committed it, among many other defense strategies.
Legal Elements and Burden of Proof in North Carolina
The prosecution has the burden of proof in these cases. The State of North Carolina must show that the defendant killed another person via an intentional and unlawful act that was likely to result in death or great bodily injury.
The act, however, must have been committed without the kind of malice that could earn the defendant a first or second-degree murder charge. Remember that malice means there was premeditation. If you in any way planned the killing, then that would shift the charges up to murder.
It’s also necessary to show that there was adequate provocation or the honest belief that deadly force was necessary. These mitigating factors reduce the charge from murder to manslaughter. The two most common of these mitigators are stating that the incident occurred in the heat of passion or as a form of imperfect self-defense.
Additionally, it’s necessary to demonstrate that the defendant’s actions were the proximate cause of the alleged victim’s death. This means that if the defendant had not acted as they did, the victim would not have died.
The prosecution must prove all of these elements existed beyond a reasonable doubt. This legal standard means that there is no other reasonable explanation for the evidence and facts presented throughout the trial. It’s the highest legal standard that exists.
Sentencing and Criminal Penalties in North Carolina
When looking at voluntary manslaughter sentencing in NC, it’s important to note that it’s considered a Class D felony. A conviction could mean incarceration for a minimum of 51 months and a maximum of 166 months unless there are mitigating or aggravating factors. These felonies require active punishment and can’t be substituted for community service or similar options available in less serious cases.
Even if you don’t have prior convictions or a criminal record of any type, you still face prison time. If there are aggravating factors, the penalties can be much more severe. These factors include whether you allegedly used a deadly weapon, like a firearm, or if there were drugs or alcohol in the defendant’s system at the time of the killing.
Another aggravator would be similar prior conduct, meaning the defendant has a record of criminal behavior that matches the current case. Additionally, the age of the victim will be taken into consideration. If they were 12 or younger and in the defendant’s care when they died, that’s an aggravating factor.
Aside from imprisonment, a sentence for voluntary manslaughter in NC will also include court costs, which are substantial, additional fines, and restitution to the family of the victim.
Mitigating Factors: Heat of Passion and Imperfect Self-Defense
Mitigating factors exist when it comes to penalties for voluntary manslaughter charges in NC. One of the most common ones is called heat of passion. It refers to a situation when someone experiences such a violent or intense emotional reaction that they lose all self-control. The provocation must be significant enough that any reasonable person would have behaved similarly.
An example would be if someone catches their spouse being intimate with another person. Another common potential circumstance that could lead to a heat of passion reaction is if the defendant experienced serious bodily injury or a physical assault. If you witness the assault or abuse of a loved one and it led you to commit voluntary manslaughter, that, too, can be seen as a heat of passion case.
To claim this mitigating factor, you cannot have had any time to cool off. Stepping away and then returning to commit an intentional killing is considered premeditated murder.
Mitigating circumstances also include what’s called an imperfect self-defense. If you had an honest but unreasonable belief that you were in danger and you used deadly force, then the alleged crime falls short of being considered murder. That’s because there’s a lack of malice necessary for murder charges.
With help from an attorney, it’s possible to prove these mitigating circumstances. This could mean reduced jail time for voluntary manslaughter in North Carolina.
Long-Term Legal and Personal Implications
The implications of voluntary manslaughter in North Carolina impact your entire life. Being convicted means having a criminal record, which cannot be expunged and which will prevent you from living as you choose. Your professional and personal life can both suffer serious blows.
Significant Fines and Other Financial Risks
A criminal conviction will mean paying court fees, legal fees, and all manner of fines. At the same time, you may face civil legal actions that could require compensatory payments to the family of the victim. You could end up needing to sell everything you own to pay off these debts, leaving you in destitution.
Employment Problems
Having a criminal record will prevent you from working in a number of professions, including financial institutions, and could make finding any job much more difficult. Employers can inquire about your record and may perform a background check. Many employers hesitate to hire ex-convicts.
If your job requires that you maintain a professional license, that can become problematic, too. Often, the entities that control licensure will strip you of your credentials if you’ve been in jail. Without your license, practicing the profession you trained for is no longer an option.
Housing Difficulties
If you have a criminal history, landlords are much less likely to accept your application. There will likely be restrictions on public housing options, too, which is a significant problem if you’re struggling to find a job to afford a place to live. It’s not uncommon for ex-convicts to find themselves homeless.
Travel Restrictions
Another of the vital implications of voluntary manslaughter in North Carolina is that you may face travel restrictions. Australia, Japan, the United Kingdom, and Brazil all forbid entry to people who have been convicted of violent crimes and have spent significant time in prison.
Some countries require that you be of “good character,” so they conduct all manner of background checks. A felony conviction will likely block your entry.
Loss of Certain Civil Rights
You may lose the right to vote and hold public office if you have a felony conviction. Additionally, you will not be allowed to purchase firearms for the rest of your life.
Immigration Consequences
If you are in the middle of any type of immigration process and you’re convicted of a crime as serious as manslaughter, your permanent criminal record will put your status in jeopardy. You could be denied visa renewals, be stripped of your residency, and even face deportation.
Increased Penalties for Subsequent Crimes
Having a criminal record means that you could face enhanced penalties if you get into any further trouble with the law. The difference in consequences between first and secondary charges can be significant.
Personal Consequences
Criminal records impact your relationships, as well. You can lose custody of your children and suffer marital problems that could leave you isolated. The stigma of a conviction can impact future relationships, as well.
Your reputation will suffer a blow that could make interactions with family and friends much more difficult. Being isolated and struggling with everyday life could impact your mental health, too.
Building a Defense: Legal Representation and Trial Strategy
The moment that you’re charged with voluntary manslaughter, it’s essential that you hire a criminal law attorney who can provide the aggressive representation you need. Your attorney will investigate the alleged crime and start gathering evidence that can introduce doubt into the prosecution’s case.
The investigation will help your attorney prepare the right defense strategy to combat the accusations and help you avoid the most serious penalties for voluntary manslaughter charges. But what are the most effective defense strategies?
Lack of Intent
Even though the prosecution doesn’t have to prove that you premeditated the offense, they still have to show that you had the intent to commit an unlawful killing or cause serious bodily injury.
Your defense attorney can argue that the killing was accidental and that it was not your intention to seriously harm anyone. This could help reduce your charges to involuntary manslaughter.
Self-Defense
Unlike imperfect self-defense, proving traditional self-defense requires showing that there was a reasonable danger to your life and that you acted as you did to protect yourself or others.
To rely on this strategy, your attorney must be able to show that you were fearing for your life or that of a loved one and that any other reasonable person would have felt the same.
Diminished Capacity
Although most people assume diminished capacity only means building an insanity defense, you may also be able to rely on this option if you were intoxicated when the incident occurred.
Although diminished capacity doesn’t fully exonerate you, it can help your lawyer prove that you didn’t have the intent to kill anyone. The penalties are significantly lower for involuntary manslaughter cases, so it can be a useful strategy.
Challenging Evidence
Your attorney will carefully investigate how all of the evidence against you was obtained and whether it is all above board. If law enforcement found evidence in your home or vehicle, it’s essential to establish whether these searches were legal. If they didn’t have a warrant or any legal justification for accessing your property, attorneys may be able to argue for the suppression of the evidence.
Your legal team will also assess the labs that have processed evidence such as DNA. If they didn’t follow required protocols, there may be an argument that the evidence is tainted or otherwise unreliable. The same can occur if the chain of custody was broken.
Lack of Evidence
There may not even be enough evidence to demonstrate that you were responsible. Because criminal cases require such high standards when it comes to proof, a lack of it can help your attorney fight to get your case dismissed.
Mistaken Identity
If there are eyewitnesses who testify against you, your attorney can do everything possible to cast doubt on their testimonies. If they are not 100% sure that you were at the scene of the crime, that goes a long way toward weakening the prosecution’s case.
Establishing an Alibi
If you can prove that you could not have committed the crime because you were elsewhere when it occurred, that can be a significant defense. Having witnesses who were with you testify on your behalf or offering timestamped camera footage from businesses or other locations that clearly show you can be essential for having your case dismissed.
Violation of Your Rights
Law enforcement must have respected your civil rights throughout the arrest and the time you spent in custody. If they didn’t give you your Miranda warning or denied you the chance to speak with an attorney after you asked for one, it’s possible to use it in your defense, as well.
Challenging Proximate Cause
To be convicted of manslaughter charges, the prosecution must prove that your actions were the proximate cause of the victim’s death. If the victim had a pre-existing medical condition, that could help your case.
Additionally, if the victim was in any way negligent in their own conduct leading up to their death, it can shift the identification of the proximate cause. If, for example, they were highly intoxicated and engaging in risky behavior, that can assist your defense.
Trusting Experienced North Carolina Defense Attorneys
Being charged with voluntary manslaughter can leave you feeling paralyzed and struggling to know what your next steps should be.
The most important thing that you can do to protect your rights and your freedom is to hire experienced criminal defense lawyers. With a team by your side, it can be easier to understand what the process will entail and what options are available to you.
Your attorneys will work tirelessly to investigate the alleged crime so that they can prepare the personalized defense you deserve. The consequences of these cases are too severe to attempt to go through the process on your own.
At Hiltzheimer Law Office, our team of defense attorneys can assist you through every aspect of a criminal case. Contact us the moment you’ve been charged so that we can begin fighting on your behalf.
Get in touch with our law firm to schedule a consultation.
