Aggressive Homicide Defense In Raleigh And Durham

In criminal law, murder charges are probably the most serious. They come with extremely high stakes for your freedom and future, but you have many rights that the state must respect. You want an attorney with the skills and experience to protect your rights as vigorously as you deserve.

At Frasier & Griffin, PLLC, we commit to our clients in Durham and across North Carolina to serve as strong, aggressive advocates for clients facing any criminal charge. We understand how stressful murder charges can be for a person, and we take on those challenges. While the situation in front of you is extremely difficult, we will stand with you the whole way.

What Is The Difference Between Murder And Manslaughter?

Understanding the distinction between murder and manslaughter is crucial when responding to a homicide charge in North Carolina. Both are serious offenses, but they differ significantly in intent and legal definitions.

Murder is categorized primarily into two types: first-degree and second-degree. First-degree murder involves premeditated and intentional actions leading to a person’s death. This means that the defendant planned the act before committing it, showing a clear intent to kill. For instance, if someone orchestrates a plan to poison another person or lies in wait on their intended victim, they could face first-degree murder charges. Second-degree murder, on the other hand, refers to intentional but unplanned killings. For example, impulsively stabbing someone in the middle of a heated dispute could be considered second-degree murder.

Manslaughter, by comparison, does not require proof of malicious intent. Voluntary manslaughter occurs when a person kills in the heat of passion due to provocation. The classic example is someone who kills their spouse after walking in on them amid an affair with another person. Involuntary manslaughter involves unintentional killings resulting from recklessness or negligence. For example, a drunk driver who kills someone in a wreck may be charged with involuntary manslaughter.

The legal implications of these distinctions are significant, as the charges carry different penalties and consequences. A murder conviction can lead to severe penalties, including life imprisonment, while manslaughter may result in lesser sentences.

What Is The Role Of Malice In A North Carolina Murder Charge?

In North Carolina, “malice” is the state of mind that indicates a killing was not accidental and involved either a deliberate disregard for another’s life or an actual intent to kill. Without malice, a wrongful killing would likely be considered manslaughter instead.

Malice can be either directly expressed, such as through statements of hatred or ill-will toward the victim, or merely implied through one’s actions, such as through the use of a deadly weapon. In essence, malice is a mental state and can be a significant issue of dispute in a homicide trial. The complexity of this issue alone requires a focused, skilled defense attorney.

The Challenges Ahead Of You

Your legal risks largely depend on the severity of the murder charge ahead of you. In North Carolina, murder charges often fall into one of three categories:

• First-degree murder: Premeditated, intentional actions that result in a person’s death
• Second-degree murder: Intentional, unplanned actions that result in a person’s death
• Manslaughter: Unintentional, unplanned actions that result in a person’s death

However, the state must prove the charges against you in a court of law. You have the presumption of innocence, and we will fight to protect it.

Our attorneys have the toughness to face the charges ahead of you with poise and competence. With our experience, we put pressure on the state to meet its burden of proof. We challenge it at every point in the process to protect you.

Toughness When You Need It Most

Our firm’s long history in North Carolina comes with a respected reputation for service with both our clients and peers. We will be with you to answer your questions and fight for you throughout your case. Contact us today to schedule a meeting by emailing or calling 919-263-5522.