Hendersonville Murder Defense Lawyer

Whether you are successful in the defense of your murder charge depends on how fast you act from the very beginning. Although a homicide charge is one of the most difficult to defend, there are many situations that justify and excuse the killing. To make sure that such a defense is available to you, you must set the stage early. Brad H. Ferguson focuses on the defense of murder cases. We either present cases to juries or come to other resolutions without going to trial.

The terms “murder” and “homicide” refer to the act of killing another human being, often in the heat of passion. There are several degrees of homicide under North Carolina law, including first-degree murder, second-degree murder, felony murder and manslaughter. Like with any other crime, those accused of homicide have the right to a lawyer, the right to a jury trial, the right to remain silent, the right to confront their accusers and the right to produce evidence.

Murders That Do Not Constitute Crimes

Sometimes, although someone is killed, no crime has been committed because the killing is justified or excused. Self-defense is easily one of the most recognized defenses that make a homicide noncriminal. If a person believes that their own life is in danger, self-defense can be used to defeat a murder charge successfully. Other defense theories can include insanity, which involves a person being excused from criminal liability for breaking the law because they were mentally ill at the time of the bodily harm to the extent that they did not appreciate the nature of the act, its consequences and the fact that it was wrong.

Our homicide defense law firm can help you defend against homicide charges such as:

• Justifiable homicide
• Excusable homicide
• Felony murder
• Voluntary and involuntary manslaughter
• First-degree and second-degree murder
• Death by vehicle

Sometimes, an incident is nothing more than an accident and is not criminal in nature. Often, the person accused is misidentified as the perpetrator or has an alibi that proves that they were at some other place when the murder took place. Very common in homicide cases is false identification and false testimony against the accused by an alleged victim or witness. Early intervention and investigation by a legal defense team are the keys to a desired outcome in a murder case. At Brad H. Ferguson, our team looks closely at the details to find ways to challenge the prosecution’s DNA and fingerprint evidence.

Our Approach to Defending Clients

As soon as you become a client of Brad H. Ferguson, we will set out on our own investigation to learn the specifics of your case. Law enforcement does not investigate the facts and witnesses that prove that you are innocent. On the contrary, police seek out sufficient evidence that indicates that the accused is, in fact, guilty. To counter this, our firm uses independent resources and specialists to help analyze the evidence.

These specialists include:

• Independent medical examiners
• DNA experts
• Ballistic experts
• Pharmacologists
• Jury consultants
• Psychologists and psychiatrists

While we build your defense, we will also attack the prosecution in your case. We will review the details of your case to determine whether the police made any errors in your arrest that could dismiss your case, and we will scrutinize any witness testimony to confirm the validity of what they really saw and challenge the integrity of the evidence that the prosecution has.

Our homicide defense methods are built on more than 15 years of family law and criminal defense experience. We bring the same sharp litigation skills developed in high-stakes local trials to protect your freedom and future when facing severe allegations.

What Are The Penalties For Murder In North Carolina?

The penalties you face under North Carolina law depend on the specific charges and the details of your case.

The main classifications are as follows:

• First-degree murder: This involves premeditation or happens during certain felonies. It carries a mandatory sentence of life imprisonment without parole, or the state may seek the death penalty.
• Second-degree murder: This involves malice but lacks premeditation, carrying a potential prison term ranging from approximately 8 years to life in prison depending on prior record levels.
• Manslaughter: Voluntary or involuntary manslaughter can lead to significant prison sentences, active probation, and substantial fines under state sentencing guidelines.

No matter what charges you are experiencing, our experienced defense team is here to help you consider your options carefully.

What Evidence Is Considered In A Hendersonville Homicide Case?

Potential types of evidence in a homicide case include:

• Forensic evidence, such as DNA tests or ballistics reports
• Physical evidence, such as a firearm recovered at the scene
• Eyewitness testimony, which is one of the leading causes of false convictions
• Video evidence, such as dashcam footage or surveillance footage

The prosecution has to show evidence of guilt beyond a reasonable doubt. They often do this by presenting a wide range of evidence in multiple categories, so it is important to know how to address this evidence and what it means for your case.

What Defines Murder In The First Degree?

First-degree murder in North Carolina is the most severe type of homicide. It is premeditated (planned in advance), and the alleged perpetrator acts with the intent to kill. This charge could also apply to a death that occurs during the commission of certain felonies, like robbery or arson. First-degree murder carries the harshest sentences, including the possibility of life imprisonment or the death penalty.

What Defines Murder In The Second Degree?

Second-degree murder occurs when a person is killed due to an act that shows malice and a depraved heart without regard for human life – but without any premeditation. This means that the killing was intentional or extremely reckless but not planned in advance. Penalties for second-degree murder are severe, typically resulting in lengthy prison sentences.

What Is The Nature Of Manslaughter Charges?

North Carolina does not use a “third-degree murder” charge, instead classifying remaining unlawful killings under manslaughter.

These charges stem from a death that occurs during:

• A sudden heat of passion
• Culpable negligence
• The commission of certain unlawful acts

Convictions for manslaughter lead to significant prison time, although the penalties are generally less severe than those for first- or second-degree murder.

What Is The Difference Between Homicide And Murder?

Homicide is a general term that refers to the killing of one person by another. This can be either lawful or unlawful. Lawful homicides include instances such as self-defense, whereas unlawful homicides are categorized into different types: murder and manslaughter. Murder specifically refers to an unlawful homicide that involves intent, malice, or extreme recklessness.

Should I Hire A Private Attorney To Handle My North Carolina Homicide Case?

A charge as serious as murder can have life-altering ramifications. A conviction can result in extensive prison time – including the potential for life in prison – and a permanent record.

This is why it is so important to have a private attorney to represent your interests and work to protect your future, rather than just accepting the public defender assigned by the court. Our founder, Brad H. Ferguson, brings more than 15 years of family law and criminal defense experience to help you explore your defense options. We take a dedicated approach to every case, and we prioritize communication with our clients. We can carry out a thorough investigation, consider potential errors made by the prosecution, implement innovative strategies developed for your unique case and much more.

You are innocent until proven guilty in the United States. Call us to get a legal team who will fight tirelessly for your rights.

Build A Defense Based On Your Needs

Regardless of your specific charges, our team will work with you to develop the most effective defense strategy available. An experienced lawyer who has a strong history of dealing with criminal cases is your best defense when you are faced with a murder charge. Call us today at (828) 660-0670 or contact us online.