Being charged with or even suspected of homicide is among the most serious legal situations a person can face. A conviction can lead to life imprisonment or even the death penalty. The investigation alone can upend your life, reputation, and peace of mind.

If you or someone you love has been accused or is under investigation for a homicide-related offense in North Carolina, it is critical to understand what you are up against. Hiring a lawyer immediately may be the most important decision you ever make.

Types of Homicide Offenses in North Carolina

Homicide refers to a range of offenses involving the unlawful killing of another person. The exact charge and potential punishment depend on the circumstances of the case.

Under North Carolina law, homicide charges include:

• First-Degree Murder: In most cases, First-Degree murder involves the intentional, premeditated killing of another person, or the killing of another person during the commission of certain other felony crimes (e.g., armed robbery, arson). First-Degree Murder is punishable by life imprisonment without parole or by the death penalty.
• Second-Degree Murder: The killing of another person caused by intentional actions that show extreme recklessness or disregard for human life, but without premeditation. Punishable by up to life in prison.
• Voluntary Manslaughter: A killing committed in the heat of passion or under circumstances that mitigate, but do not legally justify the act. Punishable by up to 204 months (17 years) in prison.
• Involuntary Manslaughter: A killing resulting from criminal negligence or reckless conduct without intent to kill (e.g., accidental firearm discharge). Punishable by up to 59 months (approx. 5 years).
• Felony Death by Vehicle: Causing a death while committing a DWI offense. Punishable by up to 204 months in aggravated cases.
• Misdemeanor Death by Vehicle: Causing a death while committing a traffic offense. Punishable by up to 150 days in jail.

Possible Defenses to Homicide Charges

Every homicide case is unique and every defense strategy must be tailored to the facts. The attorneys at Denninger & Philbeck are experienced in identifying weaknesses in the prosecution’s case and raising strong legal and factual defenses. Common defenses include:

• Lack of Intent
  Many homicide charges require the prosecution to prove you intended to kill or seriously harm the victim. If there is no credible evidence of intent, or if the death was accidental, this can be a powerful defense, especially in first- and second-degree murder cases.
• Self-Defense or Defense of Others (Affirmative Defense)
  Under North Carolina law, you have the right to use deadly force to protect yourself or others from imminent death or serious bodily harm. If you acted to defend yourself, this may be a complete defense to a homicide charge.
  
  This defense may apply when:
  • You were not the aggressor
  • You believed you or someone else was in immediate danger
  • Your use of force was reasonable under the circumstances
• Defense of Habitation (Castle Doctrine)
  North Carolina’s Castle Doctrine allows individuals to use deadly force without a duty to retreat when defending their home against an intruder under certain circumstances.
• Insufficient Evidence
  If the State cannot prove all elements of the charge beyond a reasonable doubt, whether due to lack of witnesses, unreliable forensic evidence, or conflicting testimony, we will highlight these shortcomings in your defense.
• Alibi or Mistaken Identity
  In cases where identity is in question, we work to demonstrate that you could not have committed the crime, often through witness testimony, video footage, phone records, or other time/location evidence.
• Mental Incapacity or Diminished Capacity
  If an accused individual suffered from a serious mental illness or was incapable of forming the necessary intent, this can reduce or negate culpability in some cases.

You Must Hire a Lawyer Immediately

If you believe you are under investigation for a homicide, or if law enforcement has contacted you for questioning, do not wait to be arrested. Contacting a criminal defense attorney right away can make the difference between being charged or not.

Here is why early representation matters:

• We protect your rights during questioning. Anything you say to police, even before arrest, can be used against you.
• We conduct an independent investigation. Preserving evidence and identifying witnesses quickly is critical in homicide cases.
• We manage contact with law enforcement. You should not speak to police, detectives, or prosecutors without an attorney present.
• We may prevent charges altogether. In some cases, early legal intervention can prevent formal charges or reduce the severity of the charges filed.

The earlier you involve legal counsel, the more options you have. Help us to effectively fight for you!

How Denninger & Philbeck Can Help

David Denninger and Justin Philbeck are former prosecutors and seasoned trial lawyers who know how the State builds homicide cases. They each handled homicide cases in both District and Superior Court and bring years of experience and relationships with local law enforcement to your defense.

If you or a loved one is being investigated or has been charged with homicide, this is not a time to take chances. You need attorneys who are trial-tested, respected, and fully committed to your defense.

If your future is at stake, contact Denninger & Philbeck today for a free confidential consultation. We will fight for your freedom and protect your rights every step of the way.