Negligent or involuntary manslaughter is a criminal charge that involves the accidental killing of another person through careless or reckless behavior. Turn to an experienced criminal defense attorney for help understanding your charges and preparing a compelling defense strategy to protect your rights and interests.
Definition of Negligent Manslaughter Under North Carolina Law
In North Carolina, negligent manslaughter falls under the criminal offense of involuntary manslaughter. A person commits involuntary manslaughter when they cause another person’s death due to reckless or negligent actions or omissions that do not constitute a felony offense and usually do not pose a danger to another person’s life.
A person may also face charges of felony or misdemeanor death by vehicle if they unintentionally cause someone’s death in a motor vehicle accident while driving under the influence or violating any state or local traffic laws.
Penalties for a Negligent Manslaughter Conviction
Involuntary manslaughter constitutes a Class F felony under North Carolina Law. A conviction for a Class F felony carries a sentence of 10 to 62 months in prison. A defendant’s sentencing range will depend on their criminal history and prior record level, which determines the presumptive sentencing range.
A sentencing court may then impose a sentence in a higher aggravated range or a lower mitigated range, depending on the aggravating or mitigating factors in the case. Aggravating factors can include engaging in a conspiracy to commit the offense or the heinous nature of the crime. Mitigating factors can include acceptance of responsibility or cooperation with law enforcement.
Penalties for misdemeanor death by vehicle include up to 150 days of community, intermediate, or active punishment.
Courts can also impose fines and a prison term for a negligent manslaughter conviction.
Defenses to a Negligent Manslaughter Charge
If you are facing negligent manslaughter charges, you have several potential defenses to consider, including:
- Self-defense: As with other homicide charges, you might fight a negligent manslaughter charge by proving that you engaged in reasonable self-defense or defense of others. Reasonable self-defense or defense of others requires you to use proportional force in response to a reasonable belief of imminent harm to yourself or others.
- Non-negligent behavior: You might contest an involuntary manslaughter charge by arguing that the actions or omissions that led to the alleged victim’s death did not rise to the level of negligent or reckless behavior. In other words, you must show that you did not breach a duty of care owed to the alleged victim or did not consciously disregard a risk that your actions would lead to the victim’s severe injuries or death.
- Lack of traffic infraction: In a death by vehicle charge, a defense strategy may involve proving that you did not commit an underlying DWI or motor vehicle violation that caused the accident.
- Inadmissibility of evidence or statements: You might challenge the admission of physical or forensic evidence or statements obtained in violation of your rights, such as through an illegal police search or without advising you of your rights before questioning.
- Civil resolution: In some cases, reaching a civil settlement with the victim’s family may influence the prosecution’s decision to pursue criminal charges. While this doesn’t guarantee charges will be dropped, it can sometimes demonstrate good faith and remorse, potentially affecting the legal proceedings.
Contact a Criminal Defense Attorney Today
If you or a loved one has been charged with negligent manslaughter in North Carolina, you need experienced legal representation to defend your rights, freedom, and future. Contact Greenwood Law today for a confidential consultation with founding attorney Dylan W. Greenwood to discuss your options for pursuing a favorable resolution to your charges and to learn how our firm will advocate on your behalf.