Manslaughter and self-defense killing both regard the death of another. Whereas the former is considered unlawful, the latter is not deemed a crime. If you were involved in an incident that ended in someone's death, a criminal defense attorney could evaluate the situation to determine if the court will acknowledge that self-defense played a role. In the meantime, here's what you should know about the most significant differences between the two. 

What Is Manslaughter?

Manslaughter, while still a felony, is considered a lesser offense than murder. Whereas murder involves both premeditation and malice, killing is considered voluntary manslaughter when the defendant was merely provoked in the moment. As such, it's often considered a crime that occurred "in the heat of passion." Voluntary manslaughter is a class D felony that carries a minimum prison sentence of 51 months. 

North Carolina also recognizes involuntary manslaughter. This refers to accidental deaths that, while unintentional, could have been prevented had the defendant exercised reasonable care. A class F felony, the minimum prison sentence for involuntary manslaughter is 13 months. 

Vehicular manslaughter is a third kind of manslaughter charge. Those who cause fatal traffic accidents can face this offense. A misdemeanor or felony, depending on the circumstances, penalties for a conviction range from 150 days in jail to 160 months, and fines are applied. 

What Is Self-Defense Killing?

If you were involved in an incident that ended in someone's death, you might be able to claim self-defense. For the court to accept your assertion and drop manslaughter charges, you must prove that you had a legitimate reason to believe you were in imminent danger or harm. You'll also need to demonstrate that you used only the degree of force necessary to protect yourself or another. 

Depending on the circumstances, your criminal defense attorney may refer to the "Stand Your Ground" law when building your defense. This law states that deadly force is justifiable even when safe retreat is possible in certain scenarios. For example, if an intruder were to break into your home and pose a threat to your family, the court does not expect you to retreat to your backyard. 

If you've been charged with a serious crime like manslaughter, turn to Bates Law Firm PLLC. Located in Wadesboro, NC, this practice is committed to protecting its clients' rights when fighting criminal charges. Serving the Southern Piedmont region, their team is also well-versed in civil litigation. Visit them online to learn more about this trusted team, or call (704) 694-0195 to discuss your charges with a strategic criminal defense attorney.