North Carolina Second-Degree Murder Laws

Under North Carolina law, first-degree murder 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.

The penalties for these crimes are both severe. A first-degree murder conviction will result in either the death penalty 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.

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 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

Definition of Second-Degree Murder Under North Carolina Law

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

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 of a victim’s death:

• Cocaine
• Methamphetamine
• Opiates/opioids

A person can be guilty of this crime even if they do not have the requisite malicious intent one finds with first-degree murder and, in some cases, second-degree murder.

Drug-related deaths can be similar to cases involving felony murder. If a third party dies during a defendant’s commission of a felony, the state may convict the defendant of first-degree murder under the felony murder rule. In a second-degree murder case, a person may be guilty if they distribute a controlled substance and a third party dies as a result.

Second-Degree Murder vs. First-Degree Murder

Premeditation is a distinguishing factor that separates first-degree murder from second-degree murder. While premeditation is not present in all first-degree murder cases, it is an element of the crime.

In second-degree murder cases, the state doesn’t have to prove that the defendant caused an unlawful killing with premeditation. They must show, beyond a reasonable doubt, that the individual caused the death of another human being and with a blatant disregard for the sanctity of human life.

Do Heat of Passion Killings Constitute Second-Degree Murder in North Carolina?

Some reckless homicides do qualify as second-degree murder under North Carolina law. However, this does not include heat of passion killings. In North Carolina, when a person commits a homicide under the heat of passion or due to adequate provocation, it is voluntary manslaughter.

Voluntary manslaughter is the unlawful killing of another human being without premeditation or malice. The intent to kill necessary for a first- or second-degree murder charge is lacking in voluntary and involuntary manslaughter cases.

North Carolina’s Second-Degree Murder Laws at a Glance

North Carolina’s criminal statutes are not written with ease of reading in mind. To help, the following chart highlights North Carolina’s second-degree murder laws in plain English.

Disclaimer: State laws are subject to change due to new legislation, higher court rulings, and other means. While we strive to provide the most current information, please consult a criminal defense attorney or conduct further legal research to verify your state’s criminal laws.

Contact a North Carolina Criminal Defense Lawyer for Help

Are you facing second-degree murder charges or other criminal charges and aren’t sure what to do? Knowing the state may convict you of second-degree murder is scary. The penalties for this crime are severe and will impact the rest of your life.

A criminal defense attorney with experience handling murder cases will review your case and help devise a solid defense strategy. Contact an experienced North Carolina criminal defense lawyer to schedule a free initial consultation. Put their expertise to work for you.

Related FindLaw Resources

• Second-Degree Murder Defenses
• Second-Degree Murder Penalties and Sentencing
• Homicide Charges