Homicide is defined as one person killing another without legal justification or excuse. The legal defenses we may present at trial include accident, self-defense and defense of another. Even without a justification or excuse, we may be able to get a homicide charge reduced to a less serious offense.
Homicide charges range from misdemeanor death by vehicle to first degree murder. The seriousness of the charge depends upon what elements the prosecutor can prove to a jury beyond a reasonable doubt. First Degree Murder is defined as one person killing another living human with malice and with the specific intent to kill formed after premeditation and deliberation. By proving that the death was not intended, we can have a offense reduced to second degree murder. By proving that the act was not malicious, we can have an offense reduced to either voluntary or involuntary manslaughter.
Each reduction in the offense level results in a substantially shorter jail sentence.
The Theory Of Our Defense
- IT NEVER HAPPENED: mistake, setup
- It happened, but I DID NOT DO IT: misidentification, alibi, setup
- It happened, I did it, but IT WAS NOT A CRIME: self-defense, excuse, justification, accident
- It happened, I did it, it was a crime, but IT WAS NOT THIS CRIME. it was a lesser included offense
- It happened, I did it, it was the crime charged, but I AM NOT RESPONSIBLE: insanity, diminished capacity, entrapment
- It happened, I did it, it was the crime charged & I am responsible, SO WHAT: jury nullification, moral justification
- It happened, I did it, it was the crime charged & I am responsible, PROVE IT: the state must prove guilt beyond a reasonable doubt
Contact a North Carolina Homicide Attorney
At McCoppin & Associates, Attorneys at Law, P.A., we provide an aggressive defense for people charged with homicide. We understand how the prosecution handles these cases, and we know the defense tactics and arguments that are most effective. Don’t leave your future in the hands of just any attorney; contact a certified criminal law specialist and Raleigh, NC criminal defense attorney today at 919-481-0011 to schedule a free initial consultation to discuss your case. Hablamos español.