North Carolina Manslaughter Laws Explained (Voluntary & Involuntary)
Understand the difference between Voluntary and Involuntary Manslaughter in North Carolina, including definitions, felony classes, and typical sentencing ranges under G.S. 14-18.
North Carolina defines manslaughter as an unlawful killing without premeditation. Under G.S. 14-18, state law distinguishes between Voluntary Manslaughter (intent-based, typically heat-of-passion) and Involuntary Manslaughter (negligence or recklessness).
For sentencing, courts apply North Carolina’s structured sentencing system. See the controlling statute for felony punishment ranges, G.S. 15A-1340.17: Felony Sentencing (G.S. 15A-1340.17), which sets out minimum ranges by Prior Record Level (I–VI) and range type (Mitigated, Presumptive, Aggravated).
Voluntary Manslaughter (Class D Felony)
- Defined as an intentional killing in the heat of passion or under adequate provocation.
- Statute: G.S. 14-18.
- Classification: Class D felony.
- Typical sentencing (minimum range examples):
- Level I: 51–64 months
- Level VI: up to 160 months
- Aggravating examples: use of a deadly weapon; domestic context; prior violent felonies.
- Mitigating examples: provocation; self-defense confusion; remorse.
Use our calculator: Voluntary Manslaughter Sentencing (NC).
Involuntary Manslaughter (Class F Felony)
- Defined as an unintentional killing caused by reckless or negligent acts.
- Common scenarios: reckless driving, accidental shootings, DUI-related incidents (note: DUI deaths may be charged separately).
- Classification: Class F felony.
- Typical sentencing (minimum range examples for Level I–II): 13–25 months.
- Probation or split sentences may be possible for low prior records at judicial discretion.
Try the tool: Involuntary Manslaughter Calculator (NC).
Vehicular Manslaughter
Vehicular deaths may be prosecuted as Involuntary Manslaughter when there is no DUI. If DUI is involved, prosecutors often charge under separate statutes like Felony Death by Vehicle (G.S. 20-141.4). See G.S. 20-141.4 for elements and penalties.
Manslaughter vs. Murder
Second-Degree Murder (Class B1/B2) involves malice and, at times, implied intent, leading to substantially higher penalty exposure. Manslaughter charges generally lack premeditation and carry lower sentencing ranges.
Legal Defenses and Outcomes
Common defenses include self-defense, accident, or lack of recklessness. Outcomes vary by Prior Record Level, aggravating or mitigating factors, and the judge’s findings at sentencing.
FAQs
- What is the sentence for Voluntary Manslaughter in NC?
- Typically between 51–64 months (Level I). Higher levels can reach up to 160 months.
- What is the minimum for Involuntary Manslaughter?
- Around 13 months for Prior Record Level I.
- Can you get probation for Manslaughter in NC?
- Possible in limited cases for Involuntary Manslaughter with no priors and strong mitigation.
- Is Vehicular Manslaughter treated as Murder?
- Not unless there is intent or DUI leading to different applicable statutes.