Can Greensboro criminal defense attorneys explain if self-defense can be used for involuntary manslaughter? Yes!
The issue of whether you can use self-defense when charged with involuntary manslaughter is a self-defense issue that has been somewhat difficult to determine in North Carolina courts. The court has ruled that so long as the basis for the charge is an unlawful act, such as an assault or affray, then self-defense may be used. If you are unsure of whether self-defense may be used in your case, you should contact a Greensboro criminal defense lawyer today to know all of your options. Even if self-defense is not an option for you, there may be another defense that can help you in your specific case.
For example, when charged with involuntary manslaughter, if the underlying act is something such as an affray (a fight between two or more people in a public place), self-defense can be used because non deadly force in defense of others (or self) is a valid defense. When deciding if a defendant may assert a defense, the court must take the evidence in the light most favorable to the defendant.
Therefore, most of the time when non deadly force is used in an affray, a jury could have found from the evidence that the defendant’s actions were limited to protecting himself or a friend. Thus a self-defense jury instruction should be allowed.
Because each case is different in its own set of facts, and because the law is so complex, you should never assume that there is no valid defense for your case without first consulting an attorney. To know more about defenses that may be helpful to you, do not hesitate to contact a Greensboro criminal defense lawyer today! The criminal defense attorneys at Garrett, Walker, Aycoth and Olson have the experience you need! Call 336-379-0539 today; we are here to help!
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
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Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.