The kinds of homicide charges
- First-degree murder. A killing with malice, premeditation, and deliberation. It also includes a killing during certain felonies, often called felony murder, and killings by certain methods such as poison or lying in wait. It carries the most serious penalties North Carolina law allows.
- Second-degree murder. A killing with malice but without premeditation and deliberation. Malice can include an inherently dangerous act done so recklessly that it shows a mind utterly without regard for human life.
- Voluntary manslaughter. An intentional killing without malice, such as in the heat of passion after adequate provocation, or when a person used more force than was needed in self-defense.
- Involuntary manslaughter. An unintentional killing caused by an unlawful act that is not a felony, or by culpable negligence.
Deaths involving motor vehicles may be charged differently. Our page on Fleeing to Elude, Hit and Run, and Death by Vehicle covers those charges.
How a homicide case moves through court
A homicide case usually begins with an arrest warrant and a first appearance in district court. The case then moves to superior court after a grand jury returns an indictment. In a murder case, only a judge can decide whether to allow pretrial release, and the law presumes that no condition of release will be enough. A lawyer can ask the judge to allow release anyway and present facts to overcome that presumption.
Discovery in homicide cases is large. It can include autopsy reports, crime scene photos, lab results, phone records, video, and many witness interviews. Reviewing it takes time and care. Most homicide cases take many months, and often longer, to reach trial.
In a first-degree murder case, the prosecutor decides whether to seek the death penalty. That decision changes how the case is handled.
How we prepare a homicide defense
Attorney Huggins began his career as a public defender and prepares every case as though it is going to trial. In a homicide case, that preparation includes:
- The scene. Visiting the location, studying photos and measurements, and testing what witnesses could see or hear.
- The autopsy and forensic evidence. Reviewing the cause and manner of death, the timeline, DNA, firearms, and other lab work, and consulting independent forensic professionals when the evidence calls for it.
- Witnesses. Finding and interviewing people the police did not speak with, and reviewing every recorded statement.
- Digital evidence. Phone records, location data, and video from homes, businesses, and police cameras.
- Statements. Whether any statement you made was taken lawfully.
- Your life story. Mental health, trauma, and background can matter to the defense and to the outcome.
We don’t accept the police report as fact. An early investigation can find evidence that would otherwise be lost.
Common defense issues
Every homicide case is different, but defenses often involve one or more of these questions:
- Identity. Can the State prove who was responsible?
- Self-defense or defense of others. North Carolina allows deadly force in some situations when a person reasonably believes it is necessary. Our page on Self-Defense Law in NC explains this.
- State of mind. Was there premeditation, malice, or neither? The answer can change the charge.
- Causation. Did the act actually cause the death?
- Mental health and capacity. A person’s mental condition can be relevant in several ways.
Respect for everyone involved
A homicide case begins with the loss of a life. We approach these cases with respect for the person who died and for their family, as well as for our client and our client’s family. Defending the accused person and treating everyone with dignity go together.
Pretrial motions and hearings
Much of the work in a homicide case happens before trial. Depending on the case, the defense may file motions to suppress statements or evidence, to challenge an identification, to require the State to share evidence, to test the reliability of forensic methods, or to address the bond. Each motion is a chance to test the State’s case under oath and to protect your rights at trial. We explain every motion to you before it is filed, along with what it can and cannot do, so that you understand each step of your own case.
If you or a family member has been charged
Do not discuss the case with anyone, including family, cellmates, or anyone on a jail phone or video visit. Jail calls and messages are recorded. Let your lawyer gather the facts.
We tell clients the hard truth about the evidence, the exposure, and every realistic option, including trial. Request a consultation. We explain our fee in writing before you hire us. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
What is the difference between first-degree and second-degree murder in NC?
First-degree murder generally requires premeditation and deliberation, or a killing during certain felonies or by certain methods. Second-degree murder involves malice without premeditation and deliberation. The difference has a large effect on the possible sentence.
What is voluntary manslaughter?
Voluntary manslaughter is an intentional killing without malice. It often involves a killing in the heat of passion after adequate provocation, or using more force than was needed in self-defense.
Can I get bond on a murder charge in North Carolina?
Sometimes. In a murder case, only a judge can decide whether to allow release, and the law presumes that no condition of release will be enough. A lawyer can ask for a hearing and present facts, such as your ties to the community, to overcome that presumption.
How long does a murder case take?
Most homicide cases take many months, and often longer, because of the amount of evidence and lab work. Careful preparation takes time.
Should I talk to my family about the case on jail calls?
No. Jail calls, video visits, and messages are recorded and can be used as evidence. Discuss the case only with your lawyer.