In North Carolina, the penalties for murder and manslaughter could equate to a life sentence or the death penalty in some cases. The circumstances of the fatality define whether or not it is classified as murder or manslaughter. The following are FAQs about murder and manslaughter cases.
What is the Major Difference Between Murder and Manslaughter Cases?
The major difference between these cases is intent. If a defendant is charged with murder, their actions were often premeditated. Their intentions were to kill the victim regardless of another course of action that could have prevented the fatality. With manslaughter, their intentions weren’t to kill the victim. However, their actions led to the death of the victim.
Why Should Defendants Initiate Their Right to Remain Silent?
All defendants who are facing these charges are advised to initiate their right to remain silent. The reason for this is stated in their Miranda Rights. The state can use any information obtained from the defendant to build a case to prosecute them. To prevent further false evidence or assumption, all defendants should wait for their legal counsel before answering any questions.
What are Terms in an Auto Accident that Could Define Vehicular Manslaughter?
The actions of the defendant define whether or not they are charged with vehicular manslaughter. These terms could include a DUI. If a driver is intoxicated and their intoxication produces a fatality, they are often charged with vehicular manslaughter. However, if they were intoxicated at a level that prevented rational decisions, their attorney could prove that it was, in fact, involuntary.
If Self Defense Leads to a Fatality will the Individual Face Charges?
Self-defense is proven according to the fear that the victim intended to kill the accused. However, if the victim’s injuries define excessive force or unnecessary actions, the individual could face criminal charges.
In North Carolina, while murder and manslaughter both produce a fatality, there aren’t the same charges. These are multiple classifications for each charge. The classifications are based on the use of deadly weapons, their intentions, and any additional crimes committed. Individuals who are facing these charges contact Powers McCartan for more information today.