Defending Against Homicide Charges in North Carolina

Being faced with homicide charges is a serious matter in North Carolina. If you are ever in this situation, understanding the charges against you can help in the case process. Having this knowledge helps in defending against homicide charges in North Carolina.

Types of Homicide in North Carolina

North Carolina law divides homicide, which refers to the unlawful killing of another person, into distinct categories. Different homicide categories come with distinct elements and penalties that vary in severity.

• First-degree murder. First-degree murder represents the most serious form of homicide because it involves intentional and planned killing.
• Second-degree murder. Second-degree murder refers to intentional killings executed with malice but lacking premeditation and deliberation. This charge is lower than first-degree murder yet still results in substantial legal consequences.
• Voluntary manslaughter. Someone commits voluntary manslaughter if they intentionally kill another person during a moment of passion or provocation, like during a sudden argument.
• Involuntary manslaughter. Involuntary manslaughter happens when a person unintentionally kills, resulting from reckless or criminally negligent behavior.

Defenses Against Homicide Charges

The defendant facing homicide charges maintains the right to mount a defense that contests the prosecution’s case. The choice of defense strategies varies with the specific details of each case. Several standard defenses exist that defendants typically use in North Carolina homicide trials.

Self-Defense

North Carolina law permits individuals to defend themselves against immediate threats, and they may resort to deadly force when necessary to prevent fatal injuries or severe physical harm.
The “stand your ground” law in the state indicates that people do not need to retreat when facing danger if they are legally allowed to be in that location, such as their own home.

In Defense of Others

The defense of others allows defendants to use force to protect someone from danger, just like a self-defense claim does. The defense of others applies to domestic violence cases and similar situations when the defendant perceives an imminent threat to someone else’s life and acts to stop it.

Accidental Killing

A defendant could state that the death happened without intent to kill while they performed legal activities.

Mistaken Identity

When a defendant asserts that they were incorrectly identified as the crime’s perpetrator, mistaken identity functions as a legal defense.

Mental Incapacitation

Certain defendants might claim legal insanity during the time they committed the crime. The defense claims that the defendant’s mental illness or defect prevented them from comprehending their actions and recognizing their behavior as wrong.

Lack of Intent

The absence of intent to kill can serve as a defense in a homicide charge. A defendant might accept that they caused the victim’s death but contend that they acted without premeditated intent.

Constitutional Rights Were Violated

The court may exclude critical evidence when the defendant experienced constitutional rights violations during investigative processes, which included illegal searches or inappropriate interrogation methods.

Hire a Lawyer

Most importantly, it is crucial to hire a criminal defense lawyer to represent you during homicide proceedings. An attorney knows the law and can represent you effectively. This can mean moving for a total dismissal of charges or negotiating for lesser charges. A good attorney greatly influences the outcome of homicide charges.

Local Homicide Statistics

Recently, the following statistics have been discovered concerning homicide in North Carolina:

• In 2024, the Charlotte-Mecklenburg Police Department (CMPD) reported over 100 homicides, marking the highest number since 2020.
• In Raleigh, violent crime as a whole decreased by 5% in the first six months of 2024, but homicides unfortunately increased during the same period.

Homicide-Prone Locations:

• Robeson County (Lumberton): Southeast NC’s highest homicide rates are linked to poverty and gang activity.
• Durham’s Northeast Central District: Hotspot for shootings and violent crime.
• Charlotte’s West Corridor: High incidence of gang-related homicides.

Emergency Services

If you find yourself involved in a homicide, contact emergency services right away. Below are some places to contact, depending on your city:

Charlotte:

• Hospital: Atrium Health Carolinas Medical Center, 1000 Blythe Blvd, Charlotte, NC 28203, (704) 355-2000.
• Police: Charlotte-Mecklenburg Police Dept., 601 E Trade St, Charlotte, NC 28202, (704) 336-7600.

Raleigh:

• Hospital: WakeMed Raleigh Campus, 3000 New Bern Ave, Raleigh, NC 27610, (919) 350-8000.
• Police: Raleigh Police Dept., 6716 Six Forks Rd, Raleigh, NC 27615, (919) 996-3335.

Durham:

• Hospital: Duke University Hospital, 2301 Erwin Rd, Durham, NC 27710, (919) 684-8111.
• Police: Durham Police Dept., 602 E Main St, Durham, NC 27701, (919) 560-4427.

General Emergency: Dial 911 statewide.

FAQs

Q: Can a Victim Drop Charges in North Carolina?

A: A victim cannot drop charges in North Carolina. North Carolina law does not allow victims to drop criminal charges on their own. The prosecutor is the only person who can dismiss charges after they have been filed. The prosecutor may decide differently depending on whether the victim cooperates or refuses to cooperate with the case.

Q: What Courthouses Might I Need to Attend in a Homicide Case in North Carolina?

A: Every NC county has at least one courthouse under the General Court of Justice. Some of these include:

• Mecklenburg County Courthouse: 832 E 4th St, Charlotte, NC 28202 – Handles Charlotte’s felony cases
• Wake County Justice Center: 300 S Salisbury St, Raleigh, NC 27601 –Serves Raleigh
• Durham County Courthouse: 510 S Dillard St, Durham, NC 27701
• Robeson County Courthouse: 500 N Elm St, Lumberton, NC 28359

Q: How Do I Get Charges Dropped Before the Court Date in NC?

A: A defense attorney in North Carolina can file a motion to dismiss charges before the court date by demonstrating insufficient evidence or constitutional violations and showing a lack of probable cause. A defendant’s case can be dismissed through negotiations with the prosecutor, by presenting exculpatory evidence, or by successfully finishing a diversion program. The power to dismiss charges rests solely with the prosecutor or judge.

Contact Steven T. Meier, PLLC

Facing homicide charges is a serious matter. If you have homicide charges against you, having a lawyer by your side is essential in securing the greatest possible outcome. Contact Steven T. Meier, PLLC, to begin defending your rights.