If someone commits an act that results in the loss of another person’s life, he or she may be charged with manslaughter, even if the defendant did not intend to kill anyone. A conviction of manslaughter can permanently alter your life and impair your rights, so you should make sure to speak with an experienced criminal attorney regarding your potential defenses. At the Olsinski Law Firm, our Charlotte and Concord manslaughter defense lawyers can assess the evidence in your case and advise you on how to proceed in pursuing a favorable outcome. We are proficient at navigating the North Carolina criminal courts.Voluntary Manslaughter in North Carolina
In North Carolina, in many instances in which the State cannot prove that a person is guilty of first-degree or second-degree murder, it will charge the person with voluntary manslaughter. Voluntary manslaughter is similar to first-degree and second-degree murder in that it is an intentional killing, but it differs in that it does not require malice, deliberation, or premeditation. Instead, voluntary manslaughter is the unlawful murder of a person committed in the heat of passion, or due to some provocation.
In many cases in which a defendant is charged with voluntary manslaughter, he or she can argue that he or she was acting in self-defense or in defense of another person, and thus the acts undertaken were justified. A self-defense argument requires a manslaughter defense attorney in Charlotte or Concord to prove that the defendant was faced with an imminent threat of harm and responded to that threat with no greater force than what was necessary.
Under North Carolina law, voluntary manslaughter is a Class D felony, punishable by up to 204 months in prison. If you are faced with voluntary manslaughter charges, it is vital to speak with a capable criminal defense attorney to discuss your case and what you may be able to do to avoid a conviction.Involuntary Manslaughter in North Carolina
Involuntary manslaughter is a lesser included offense of second-degree murder and is defined as the unlawful killing of a person, without intent, malice, premeditation, or deliberation. In other words, involuntary manslaughter is the accidental killing of a person due to an unlawful act that is not dangerous or a felony or due to a culpably negligent act or omission. Culpable negligence is greater than ordinary negligence in that it constitutes behavior that is so careless and reckless that it demonstrates a disregard for human life.
Since intent is not an element of involuntary manslaughter, a Charlotte or Concord manslaughter defense attorney cannot argue that the deadly acts were not taken with the intent to harm. A defense lawyer may be able to argue, however, that the defendant’s negligence did not rise to the level necessary for the State to obtain a conviction. A defendant may be able to establish his or her lack of criminal negligence by producing evidence that the victim’s death was purely accidental, rather than resulting from the defendant’s careless acts.Retain an Experienced Criminal Defense Attorney to Protect Your Rights
Even if you did not act with intent, if your actions ended the life of another person, you may be charged with manslaughter. At the Olsinski Law Firm, our zealous criminal defense attorneys have the skills and experience to help you seek a successful result, and we will work tirelessly to help you protect your liberties. We regularly represent individuals charged with manslaughter in Concord and Charlotte, as well as throughout Mecklenburg and Cabarrus Counties, including in Huntersville, Matthews, Cornelius, Mint Hill, Davidson, Pineville, Kannapolis, Harrisburg, Midland, and Mount Pleasant. We have two offices, located in Concord and Charlotte, and we are available to meet at either office for a confidential and free meeting to discuss your case with a manslaughter defense lawyer in the Charlotte or Concord areas. You can contact us through the form online or at our Concord office at 704-918-4747 or at our Charlotte office at 704-405-2580.