North Carolina Involuntary Manslaughter Laws

Taking a human life is the most serious crime a person can commit. It’s one thing to cause the death of another person by accident, but it’s another thing altogether to commit an intentional killing. For this reason, North Carolina law recognizes different types of homicide.

Homicide is the unlawful killing of another human being. When a defendant acts intentionally and with premeditation, they commit murder. It can be either first-degree murder or second-degree murder.

When an individual kills another person due to negligence, recklessness, or heat of passion, they’re more likely to face either involuntary or voluntary manslaughter charges.

This article examines North Carolina’s involuntary manslaughter laws, including the penalties and possible defenses to this crime. It also explains the differences between voluntary and involuntary manslaughter.

If you’re facing involuntary manslaughter charges, it’s a good idea to reach out to a North Carolina criminal defense lawyer. We’ve also gathered links to helpful FindLaw articles on similar topics at the bottom of the page.

Murder vs. Manslaughter

Before diving into North Carolina’s involuntary manslaughter laws, it’s worth discussing the differences between murder and manslaughter. Let’s take a look at how North Carolina views the charges.

North Carolina and First-Degree Murder Charges

To convict a defendant of first-degree murder under North Carolina law, the prosecutor must prove that the individual intentionally killed another person under the following circumstances:

• Using a weapon of mass destruction
• By using poison, imprisonment, torture, lying in wait, or through any other willful, deliberate, and premeditated method
• During the commission (or attempt) of rape, arson, any sexual offense, burglary, robbery, kidnapping, or other felony, especially while using a deadly weapon

In North Carolina, first-degree murder is a Class A felony, carrying a punishment of death or life in prison without the possibility of parole.

North Carolina and Second-Degree Murder Charges

North Carolina law also recognizes second-degree murder, which is the intentional killing of another human being with malice but without premeditation. Second-degree murder is a Class B1 felony, punishable by 144 months to life in prison.

Manslaughter Is a Lesser Included Offense of Murder

In North Carolina, both involuntary and voluntary manslaughter are lesser included offenses of murder. This means the state can charge a person with manslaughter directly or ask the court to convict someone of manslaughter rather than murder at the end of a murder trial.

This typically happens when the state’s evidence is not strong enough to substantiate a murder conviction or when a defendant raises an imperfect defense to murder.

Manslaughter is different from murder in several ways, including:

• Murder is the unlawful killing of another person with malicious intent, whereas manslaughter is the unlawful taking of a human life without malice and without the intent to kill
• Murder requires premeditation (planning) while manslaughter does not
• A person guilty of murder intended to end the victim’s life, while an individual who commits manslaughter does not intend to kill the victim
• With manslaughter, the victim’s death is a by-product of the defendant’s unlawful, negligent, or reckless behavior
• A person guilty of first-degree murder may face the death penalty or life imprisonment without parole, while a defendant guilty of manslaughter cannot receive the death penalty

Types of Manslaughter Under North Carolina’s Criminal Laws

There are three types of manslaughter in North Carolina. The two most common types of manslaughter charges are voluntary and involuntary manslaughter. There is also a third type called vehicular manslaughter.

North Carolina law defines voluntary and involuntary manslaughter like other states do. Voluntary manslaughter cases involve a defendant who intentionally killed another person but did so under the heat of passion or after adequate provocation.

In North Carolina, voluntary manslaughter is a Class D felony, carrying a mandatory minimum sentence of 51 months and a maximum penalty, for someone with no criminal record, of 64 months in prison. North Carolina’s sentencing guidelines vary depending on the circumstances and criminal record.

Involuntary manslaughter cases involve a person who takes the life of another human being as a result of negligence or recklessness. In involuntary manslaughter cases, the state doesn’t have to prove the defendant intended to kill the victim. It must only prove that the defendant’s reckless or negligent behavior was the proximate cause of the victim’s death.

Vehicular manslaughter cases involve a defendant who killed another person while drunk driving. In these cases, the prosecutor must demonstrate that the individual was guilty of DWI at the time of a fatal car accident. As with involuntary manslaughter, the state doesn’t have to prove intent in these cases.

Vehicular manslaughter charges can be either a misdemeanor or a felony. If the state files misdemeanor vehicular manslaughter charges, the defendant faces up to 150 days in jail and fines. If the prosecutor pursues felony vehicular manslaughter charges, the penalty is 38 to 120 months in prison plus fines.

In cases where the defendant’s behavior is considered egregious, the state can file aggravated felony charges. These carry a penalty of 64 to 160 months in jail or prison and involve a defendant with prior DWI convictions.

Involuntary Manslaughter in General

North Carolina’s criminal laws define involuntary manslaughter as the unintentional killing of another human being as the result of recklessness or criminal negligence. Examples of involuntary manslaughter cases in North Carolina:

• A person may face involuntary manslaughter charges if they kill someone while defending themselves. To be guilty of this crime, the state must show that the defendant used more force than was reasonable while trying to defend themself.
• Another example of an involuntary manslaughter case is a person who kills someone while texting and driving. As long as the prosecutor can demonstrate that the person was guilty of reckless driving at the time of the accident, the defendant will likely be guilty of involuntary manslaughter.
• A supervisor on a construction crew may be guilty of involuntary manslaughter if their worker dies because they failed to provide them with the necessary safety equipment.

Some states charge drunk drivers with involuntary manslaughter if they cause a fatal accident. North Carolina uses a separate vehicular manslaughter charge for such offenses.

North Carolina Involuntary Manslaughter Statutes

Learn more about North Carolina’s involuntary manslaughter laws below.

Code Section

North Carolina General Statutes § 14-18

Elements of the Crime

A person is guilty of involuntary manslaughter if they kill another human being as the result of an unlawful act committed with negligence or recklessness.

Classifications / Penalties

Class F felony; 13-16 months’ prison sentence

Possible Defenses

• Self-defense
• Accidental death
• Actual innocence

Manslaughter Civil Penalties

If a criminal court acquits a person of involuntary manslaughter, the individual may still face a civil lawsuit. The family members of the victim can sue the defendant in civil court for wrongful death. The plaintiff in the civil suit will rely on the same evidence used by the state in the criminal case.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, etc. While FindLaw strives to provide readers with the most current information, consult a local criminal defense lawyer to confirm your state laws.

North Carolina Involuntary Manslaughter Laws: Related Resources

Criminal charges can be frightening and may result in severe penalties. You should contact a North Carolina criminal defense attorney if you’re facing involuntary manslaughter charges or charges for a similar criminal offense.

Your attorney will review your case, help devise a strong legal defense strategy, and try to negotiate a favorable plea bargain with the prosecutor if necessary. They will also protect your rights.

Related FindLaw Resources

• Action and Reaction: Clarifying ‘Heat of Passion’ Provocation
• Recklessness
• What Are the Elements of Negligence?