Voluntary manslaughter in North Carolina is defined as the killing of a human being done because of provocation. Provocation means a sudden heat of passion or rage caused by a situation or person. In other words, a person guilty of voluntary murder had no intent to kill. They were provoked into killing the victim. Under North Carolina law, voluntary manslaughter is punishable by 51 to 64 months in prison. Involuntary manslaughter is a separate criminal offense.
What Is Involuntary Manslaughter in North Carolina?
In North Carolina, involuntary manslaughter is a homicide, or killing of a human being, which results from recklessness or criminal negligence. The person committing the homicide does not actively intend to kill the victim, but still causes the victim’s death.
What Is Criminal Negligence?
Criminal negligence is conduct “grossly deviating” from what an ordinary person would do. What an ordinary person would do is based on a reasonable, normal standard instead of an actual person. Criminal negligence shows a total disregard for human life.
Are Involuntary Manslaughter and Vehicular Manslaughter the Same Criminal Charge in North Carolina?
No. Vehicular manslaughter is the killing of a human being while operating a motor vehicle in a reckless or negligent way. The reckless or negligent way is any action that ranges from texting and driving to driving under the influence of alcohol and/or drugs.
What Is the Penalty for Voluntary Manslaughter in North Carolina?
Involuntary manslaughter is a Class F felony. The punishment for this felony class is 13 to 16 months in prison.
Do I Need to Contact an Attorney for Help with My Case?
If you are facing an involuntary manslaughter charge, you will likely need legal assistance to defend yourself against it. Contact a North Carolina attorney immediately to learn about your legal rights and defenses regarding fighting your criminal charge.