Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.
Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).
And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.
Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.
In North Carolina, homicide encompasses various degrees of severity based on the circumstances surrounding the death. Murder, which is the intentional and unlawful killing of another person, can be classified as either first-degree or second-degree murder. First-degree murder involves premeditation, deliberation, and specific felonious intent, and it can also include certain felony murders (committed during the perpetration of specific felonies). Second-degree murder lacks the premeditation element but still involves malice. Manslaughter in North Carolina is divided into voluntary and involuntary manslaughter. Voluntary manslaughter occurs when a killing happens in the heat of passion or during a sudden altercation, without premeditation. Involuntary manslaughter, on the other hand, is an unintentional killing resulting from reckless or criminally negligent behavior, such as a fatal car accident caused by reckless driving or driving under the influence. The specific charges and penalties for homicide offenses are detailed in the North Carolina General Statutes, primarily under Chapter 14 - Criminal Law.