Winston-Salem Homicide Lawyers

Understanding North Carolina’s Murder Laws

A conviction for first degree murder in North Carolina may result in life in prison or a death sentence. When the stakes are this high, you need an attorney to present the strongest possible criminal defense. The Winston-Salem homicide attorneys at Grace, Tisdale & Clifton have more than 150 years of combined legal experience. Many members of our team are former prosecutors who understand how these cases work from both sides.

Types of Homicide Charges in North Carolina

Homicide charges are almost always tried before a jury, so we begin strategizing a client's defense with this in mind. We can evaluate your legal options and help you fight for the best possible outcome.

Our lawyers have a solid reputation for defending clients accused of:

• First degree murder
• Second degree murder
• Felony murder
• Vehicular manslaughter
• Voluntary manslaughter
• Involuntary manslaughter

Homicide Investigation Process

If you're under investigation for homicide, it's crucial to understand what to expect and how to protect your rights.

• What to Expect During an Investigation
  • Law enforcement will collect evidence, interview witnesses, and analyze forensic details.
  • You may be questioned or even arrested if there's probable cause.
  • Anything you say can be used against you, so it’s essential to remain silent and request an attorney.
• Police Procedures and Your Rights
  • You have the right to remain silent—exercise it.
  • You are not required to consent to a search without a warrant.
  • If arrested, you have the right to an attorney—ask for one immediately.
• How Early Legal Intervention Can Help
  • A lawyer can ensure your rights are protected from the start.
  • They can help prevent self-incrimination and challenge unlawful evidence.
  • Early legal action can sometimes lead to reduced charges or case dismissal.

Possible Defenses Against Homicide Charges

Every homicide case is different, and the right defense strategy depends on the circumstances.

• Common Legal Defenses:
  • Alibi Defense: Proof that you were elsewhere at the time of the crime.
  • Self-Defense or Defense of Others: If you acted to protect yourself or someone else from harm.
  • Lack of Intent or Accidental Death: If the death was unintentional and not due to reckless behavior.
  • Insanity or Diminished Capacity: If mental illness prevented you from understanding your actions.
  • Violation of Constitutional Rights: If evidence was obtained illegally, it may be inadmissible in court.

The Role of a Homicide Attorney

Having an experienced attorney on your side can make all the difference in your case.

• Why Hiring a Lawyer Early is Crucial
  • A lawyer can begin building a defense before charges are even filed.
  • They can negotiate with prosecutors to reduce or dismiss charges.
  • Legal counsel ensures that your rights are not violated during the process.
• Trial vs. Plea Bargain Options
  • Plea Bargain: In some cases, negotiating a plea deal may lead to lesser charges or reduced sentencing.
  • Going to Trial: If a strong defense exists, your attorney can fight for a full acquittal in court.

Hiring a skilled homicide attorney early can significantly impact the outcome of your case.

Penalties for Homicide Convictions in NC

• First Degree Murder: Charged as a Class A Felony, is punishable by either life without of parole or the death penalty.
• Second Degree Murder: Can be either a Class B1 Felony, which is punishable between a minimum of 192 months and life in prison, or a Class B2 Felony, punishable by a minimum of 125 months in prison.
• Felony Murder: Is a Class A Felony, is punishable by either life without of parole or the death penalty.
• Involuntary Manslaughter: Class F Felony, which is punishable by a minimum of 13 months in prison.
• Voluntary Manslaughter: Class D Felony, which is punishable by a minimum of 51 months in prison.
• Vehicular Homicide: Class F Felony, which is punishable by a minimum of 13 months in prison.

As former prosecutors, many members of our attorneys have seen how district attorneys plan the prosecution. This provides us with a distinct advantage when creating a defense. We defend a number of homicide cases each year and have the legal knowledge, skill, and resources to mount a strong defense for each client.

Building a Strategic Defense Against Homicide Charges

We consider all possible legal defenses, including innocence, a genuine accident, mistaken identity, insanity, self-defense, and other mitigating circumstances. Our decades of experience representing homicide defendants allows us to evaluate your options and develop a thorough defense strategy for your situation. Here are some of our case results.

When a case results in a conviction, you may need to appeal the decision. We represent clients in appellate court, so we are experienced in preserving appellate issues at trial to successfully appeal cases for our clients.

FAQs About Homicide Charges in North Carolina

What should I do if I’m arrested for homicide?

• Remain silent and request an attorney immediately. Do not answer any questions or discuss your case with anyone, including family or friends, until you have legal representation.

How long does a homicide case take to resolve?

• The timeline varies based on the complexity of the case, available evidence, and court scheduling. Some cases are resolved in months, while others take years, especially if they go to trial.

Can homicide charges be reduced or dismissed?

• Yes, depending on the circumstances. Weak evidence, self-defense claims, or procedural errors by law enforcement may lead to reduced charges or even case dismissal.

What’s the difference between murder and manslaughter?

• Murder involves intent or extreme recklessness leading to death.
• Manslaughter is usually unintentional but caused by negligence or sudden provocation.

Will I go to trial, or can my case be settled out of court?

• Many homicide cases go to trial, but some can be resolved through plea deals. An experienced attorney can assess whether a plea bargain or trial is in your best interest.

Can I be released on bail if charged with homicide?

• It depends. First-degree murder often results in no bail, while lower charges like manslaughter may allow for bail. Your lawyer can argue for your release during a bail hearing.

How does prior criminal history affect my case?

• A prior record can lead to harsher penalties, but a strong legal defense can help mitigate its impact. Your attorney will work to present the best possible case on your behalf.