{"id":375475,"date":"2016-03-31T21:36:15","date_gmt":"2016-04-01T02:36:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-second-degree-murder-laws.html"},"modified":"2025-09-05T09:21:58","modified_gmt":"2025-09-05T14:21:58","slug":"north-carolina-second-degree-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-second-degree-murder-laws.html","title":{"rendered":"North Carolina Second Degree Murder Laws"},"content":{"rendered":"\n
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North Carolina Second-Degree Murder Laws<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Every state recognizes different levels of homicide. Depending on the facts of the case, a person can face murder or manslaughter charges. The two most serious types of homicide<\/a> are first- and second-degree murder.<\/p>\n\n <\/div>\n\n\n\n

Under North Carolina law, first-degree murder<\/a> is a Class A felony, while second-degree murder is a Class B1 felony. The primary difference between the two crimes is that first-degree murder involves a premeditated killing, while second-degree murder involves an intentional killing without premeditation.<\/p>\n

The penalties for these crimes are both severe. A first-degree murder conviction will result in either the death penalty<\/a> or up to life in prison without parole. With second-degree murder, the maximum sentence is still life imprisonment without the possibility of parole, but the standard sentence is between 16 and 40 years in prison.<\/p>\n

This article examines and explains North Carolina’s second-degree murder laws, including the elements of the crime and the possible defenses. If you’re currently facing second-degree murder charges, consulting a criminal defense lawyer<\/a> sooner rather than later is a good idea. We’ve also provided links to helpful FindLaw articles on similar subjects at the bottom of the page<\/p>\n

Definition of Second-Degree Murder Under North Carolina Law<\/strong><\/h2>\n

According to the North Carolina General Statutes<\/a>, second-degree murder is an intentional killing without premeditation that includes a reckless disregard for human life<\/a>. The statute goes a step further and includes a separate category for murder cases involving the unlawful distribution of dangerous controlled substances.<\/p>\n

Under the state’s murder statute, a person is guilty of second-degree murder if their unlawful distribution of the following drugs is the proximate cause<\/a> of a victim’s death:<\/p>\n