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Criminal Defense
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Personal Injury
Raleigh Homicide Defense Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Homicide charges are the most serious criminal accusations in North Carolina, carrying life sentences or even the death penalty depending on the circumstances. Work with a Raleigh defense attorney who has defended murder and manslaughter cases. Call today to schedule your consultation.
You or someone you love is facing the ultimate criminal charge—homicide. The terror is overwhelming. Police and prosecutors are building their case to put you away forever, or worse. Your family is falling apart. Everything you’ve ever worked for is gone. The media has already convicted you in the court of public opinion.
This is not the time for a public defender. This is not the time for an inexperienced attorney. This is the time for battle-tested homicide defense lawyers who know how to save lives.
When the state wants to take your life or your freedom forever, you need attorneys who will fight like your life depends on it—because it does.
Homicide is the killing of one person by another. Not all homicides are crimes—self-defense killings can be lawful. But when prosecutors charge homicide, they’re seeking the harshest punishments our legal system allows.
North Carolina recognizes several types of criminal homicide, each with different elements and penalties:
1. First-Degree Murder (Class A Felony)
2. Second-Degree Murder (Class B1 or B2 Felony)
3. Voluntary Manslaughter (Class D Felony)
4. Involuntary Manslaughter (Class F Felony)
5. Felony Death by Vehicle (Class D Felony)
According to North Carolina General Statute § 14-17, the difference between first and second-degree murder often comes down to premeditation, and that difference is life or death.
Understanding what the state must prove is crucial to building your defense:
For First-Degree Murder:
For Second-Degree Murder:
Key Legal Concepts:
The prosecution must prove every element beyond a reasonable doubt. One missing element can mean the difference between death row and walking free.
At DeMent Askew Johnson & Marshall, we’ve defended homicide cases for over 40 years. Every case demands a comprehensive defense strategy:
1. Self-Defense. North Carolina recognizes your right to use deadly force when facing imminent death or great bodily harm. We investigate every angle to show your actions were justified, including:
2. Challenging Mental State. The difference between murder degrees often comes down to mental state. We work with experts to demonstrate:
3. Attacking the Evidence. We scrutinize every piece of evidence:
4. Negotiating Lesser Charges. Sometimes the best outcome involves negotiating down from murder to manslaughter or achieving a second-degree murder conviction instead of first-degree. The difference can be decades of life.
5. Mitigating Circumstances. Even if convicted, presenting powerful mitigation can mean the difference between death and life in prison:
When you’re facing a homicide charge, everything is on the line. You need a defense team that understands the gravity of the situation and knows how to fight back on every front.
North Carolina actively pursues the death penalty for first-degree murder. If prosecutors file a notice of intent to seek the death penalty, your case enters a different realm entirely.
Capital cases involve:
Aggravating factors that can lead to death sentences:
Having attorneys experienced in capital defense isn’t just important—it’s literally life or death.
A homicide charge changes everything instantly. Your freedom, your family, your future—all hanging by a thread. The prosecution has unlimited resources and a team of investigators working around the clock to convict you.
You can’t face this alone. You can’t afford to wait. You can’t trust your life to anyone but the most experienced homicide defense attorneys.
At DeMent Askew Johnson & Marshall, we’ve walked this path with hundreds of clients. We know the fear. We know the stakes. Most importantly, we know how to fight back when everything is on the line.
Call us immediately for a consultation. When facing homicide charges, there’s no time to waste. Let us start building your defense today—because your life literally depends on it.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
First-degree murder requires premeditation and deliberation—planning the killing beforehand, even if only for a moment. It also includes killings during certain felonies or by specific means (poison, torture, lying in wait). Second-degree murder involves malice but no premeditation. The difference is crucial: first-degree murder can result in death or life without parole, while second-degree murder carries a maximum of about 40 years.
Yes. North Carolina recognizes the right to use deadly force in self-defense when you reasonably believe it’s necessary to prevent imminent death or great bodily harm. The state’s “stand your ground” law means you have no duty to retreat if you’re somewhere you have a lawful right to be. However, claiming self-defense in a homicide case requires careful legal strategy and often expert testimony.
Heat of passion refers to killings that occur during sudden, intense emotional disturbance caused by adequate provocation, like discovering a spouse’s affair. If proven, it can reduce murder charges to voluntary manslaughter. The key is showing that the killing occurred while reason was disturbed by passion, before a reasonable person would have cooled down.
Not necessarily. While first-degree murder is death-eligible, prosecutors must file a specific notice to seek death. Even then, the jury must find that aggravating factors outweigh mitigating factors. Many first-degree murder convictions result in life without parole rather than death. Having experienced capital defense attorneys significantly impacts whether prosecutors seek the death penalty and whether juries impose it.
No. Never speak to police without an attorney present—especially in a homicide investigation. Innocent people’s statements are often twisted or misunderstood, becoming evidence against them. Exercise your right to remain silent and demand an attorney immediately. What you think will clear things up often makes things worse. Let your attorney do the talking.
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