North Carolina Voluntary Manslaughter Laws

There are several types of criminal homicide, including murder and manslaughter. Just as there are two types of murder – first-degree and second-degree – there are two types of manslaughter. These are voluntary and involuntary manslaughter.

All these crimes involve taking the life of another human being. The defendant’s intent is often the difference between murder cases and manslaughter cases. With murder, the defendant intended to cause the victim’s death and did so with premeditation and malice aforethought. Voluntary manslaughter involves the intentional killing of another person as the result of provocation or the heat of passion.

This article examines North Carolina’s voluntary manslaughter laws, paying special attention to showing how voluntary manslaughter is different from involuntary manslaughter. It also explains the penalties and defenses to voluntary manslaughter.

If you’re currently facing voluntary manslaughter charges, consider consulting a criminal defense attorney. We’ve also provided links to related FindLaw articles at the bottom of this page.

Defining Voluntary Manslaughter Under North Carolina Criminal Law

North Carolina law defines voluntary manslaughter as the intentional killing of another person resulting from provocation. Voluntary manslaughter is often referred to as a "heat of passion" crime.

The courts typically reserve voluntary manslaughter charges for cases where the defendant acted rashly, usually under the influence of extreme emotional distress. An example of voluntary manslaughter is when a person comes home to find their spouse in bed with a lover. In the heat of the moment, they snap and kill both their spouse and their lover.

Since the person in the above example acted without premeditation and due to adequate provocation, the state would likely charge voluntary manslaughter as opposed to a murder charge. Had the person learned their spouse was cheating and made plans to catch them in the act, that would likely qualify as first-degree murder or second-degree murder.

Voluntary Manslaughter vs. Involuntary Manslaughter

Voluntary manslaughter and involuntary manslaughter are not as serious as murder. Both crimes still involve the unlawful killing of a human being, and a conviction of either type of manslaughter still carries severe penalties.

Voluntary manslaughter involves the intentional taking of a human life under the heat of passion or provocation. Involuntary manslaughter involves the unintentional killing of another person due to a reckless or negligent act.

An example of an involuntary manslaughter case would be someone who causes a fatality in a DWI accident. While they committed an unlawful act by driving while intoxicated, they did not set out to kill the victim. The law treats their behavior as involuntary rather than as an intentional act.

What the State Has To Prove in a Voluntary Manslaughter Case

To secure a voluntary manslaughter conviction, the prosecutor has to prove each element of the crime beyond a reasonable doubt. Both voluntary and involuntary manslaughter are lesser offenses of the crime of murder. In a murder trial, the prosecutor can ask the jury to convict the defendant of manslaughter instead.

A voluntary manslaughter conviction in North Carolina requires that the prosecutor prove the following two things:

• The defendant killed the victim through either an intentional or unlawful act that is a felony crime, likely to cause serious bodily injury, or cause death
• The defendant’s act was the proximate cause of the victim’s death

In North Carolina, voluntary manslaughter is a Class D felony, carrying a mandatory minimum prison sentence of 51 months and up to 64 months.

North Carolina’s Voluntary Manslaughter Statutes: Summary

If you’re facing voluntary manslaughter charges, knowing the North Carolina laws can help. The table below summarizes these laws and highlights the penalties and defenses to this crime.

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

Contact a North Carolina Criminal Defense Lawyer

Any criminal charge involving the death of another human being is serious. If you’re facing voluntary manslaughter charges, contact a North Carolina criminal defense attorney. They’ll examine your case, explain your options, and stand with you in court.

Related FindLaw Resources

• Vehicular Manslaughter
• North Carolina Death Penalty Laws
• Self-Defense and Imperfect Self-Defense