McCoppin Law - Your Homicide Attorney and Murder Defense Attorney

Homicide and Murder Charges Require Aggressive Defense

Homicide is defined as one human being killing another human being without legal justification or excuse. The legal defenses we may present at trial include accident, self-defense and defense of another.

Even without a justification or excuse, a well versed criminal defense attorney may be able to get a homicide charge reduced to a less serious offense.

Homicide charges range from misdemeanor death by vehicle to first degree murder. The seriousness of the charge depends upon what elements the prosecutor can prove to a jury beyond a reasonable doubt. First Degree Murder is defined as one person killing another living human with malice and with the specific intent to kill formed after premeditation and deliberation. By proving that the death was not intended, we can have a offense reduced to second degree murder. By proving that the act was not malicious, we can have an offense reduced to either voluntary manslaughter or involuntary manslaughter.

Each reduction in the offense level results in a substantially shorter jail sentence.

The Theory Of Our Defense

1. IT NEVER HAPPENED: mistake, setup
2. It happened, but I DID NOT DO IT: misidentification, alibi, setup
3. It happened, I did it, but IT WAS NOT A CRIME: self-defense, excuse, justification, accident
4. It happened, I did it, it was a crime, but IT WAS NOT THIS CRIME. it was a lesser included offense
5. It happened, I did it, it was the crime charged, but I AM NOT RESPONSIBLE: insanity, diminished capacity, entrapment
6. It happened, I did it, it was the crime charged & I am responsible, SO WHAT: jury nullification, moral justification
7. It happened, I did it, it was the crime charged & I am responsible, PROVE IT: the state must prove guilt beyond a reasonable doubt

Penalties For Homicide in North Carolina

In North Carolina, the penalties for homicide vary depending on the degree and circumstances of the crime. Here are the primary categories and their respective penalties:

First-Degree Murder

• Definition: Premeditated and deliberate killing, or a killing committed during the commission of certain felonies (such as arson, rape, or robbery).
• Penalty:
  • Death Penalty: Reserved for particularly heinous cases.
  • Life Imprisonment Without Parole: If the death penalty is not sought or not applicable.

Second-Degree Murder

• Definition: A killing done with malice but without premeditation and deliberation.
• Penalty:
  • Class B1 Felony: Generally results in a longer sentence.
  • Class B2 Felony: Applies to certain cases with mitigating circumstances; results in a shorter sentence.
  • Sentences: Can range from approximately 12 years to life imprisonment, depending on aggravating and mitigating factors.

Voluntary Manslaughter

• Definition: A killing done in the "heat of passion" upon adequate provocation or in the course of committing an unlawful act not amounting to a felony.
• Penalty:
  • Class D Felony: Typically results in a prison sentence ranging from approximately 38 months to 160 months (about 3 to 13 years).

Involuntary Manslaughter

• Definition: An unintentional killing resulting from reckless or criminally negligent conduct.
• Penalty:
  • Class F Felony: Typically results in a prison sentence ranging from approximately 10 months to 41 months (about 1 to 3.5 years).

Felony Murder Rule

• Definition: Any death that occurs during the commission of certain felonies (e.g., robbery, arson, kidnapping) is considered first-degree murder, regardless of intent.
• Penalty:
  • Same as First-Degree Murder: Death penalty or life sentence without parole.

Additional Considerations

• Aggravating and Mitigating Factors: These factors can influence the severity of the sentence within the prescribed ranges.
• Plea Bargains: Defendants may negotiate lesser charges or reduced sentences in exchange for a guilty plea.

The actual sentence can vary based on the specifics of the case, the presence of any prior criminal record, and the discretion of the judge.

Contact an Experienced North Carolina Homicide Attorney at McCoppin And Associates, Attorneys at Law

At McCoppin & Associates, Attorneys at Law, P.A., we provide an aggressive defense for people charged with homicide. Our defense attorneys understand how the prosecution handles these cases, and we know the defense tactics and arguments that are most effective. Don’t leave your future in the hands of just any criminal defense lawyer; before you talk to a police officer contact a certified criminal law specialist and our team of Raleigh, NC criminal defense attorneys today at 919-481-0011 to schedule a free initial consultation to discuss your case. Hablamos español.