NC Criminal Law Specialist flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

First-degree murder

Unlawful killing with malice, premeditation, and deliberation; or felony murder; or by poison, lying in wait, torture. Class A felony, punishable by death or life without parole.

Felony murder rule

A killing committed during the perpetration of certain felonies (e.g., robbery, rape, burglary) is first-degree murder even without intent to kill. Malice is implied from the felony.

Second-degree murder

Unlawful killing with malice but without premeditation and deliberation, and not felony murder. Class B2 felony. Malice can be actual, implied, or transferred.

Voluntary manslaughter

Intentional killing mitigated by heat of passion upon adequate provocation or imperfect self-defense. Class D felony. Lacks malice required for murder.

Involuntary manslaughter

Unintentional killing resulting from criminally negligent act or unlawful act not amounting to felony. Class F felony. No malice or intent to kill.

Malice

In murder, malice means intent to kill, intent to inflict serious bodily harm, reckless indifference to human life, or felony murder. It distinguishes murder from manslaughter.

Premeditation and deliberation

For first-degree murder, defendant must have formed intent to kill before act (premeditation) and considered it (deliberation). Can be formed instantly; circumstantial evidence suffices.

Castle doctrine

N.C.G.S. §14-51.2: occupant may use defensive force, including deadly force, against intruder who unlawfully and forcibly enters home. Presumption of reasonable fear of death or serious harm.

Self-defense

Use of force justified when defendant reasonably believes imminent death or serious bodily harm and force necessary. No duty to retreat if in lawful place. N.C.G.S. §14-51.3.

Imperfect self-defense

Defendant used excessive force or was initial aggressor but honestly and reasonably believed self-defense necessary. Reduces murder to voluntary manslaughter in NC.

First-degree burglary

Breaking and entering dwelling of another at nighttime with intent to commit felony therein, while another person is present. Class D felony. N.C.G.S. §14-51.

Second-degree burglary

Breaking and entering dwelling of another with intent to commit felony therein, but not at nighttime or no person present. Class G felony. N.C.G.S. §14-54(a).

Felony breaking or entering

Breaking or entering building with intent to commit felony therein. Class H felony. Does not require nighttime or presence of occupant. N.C.G.S. §14-54(b).

Larceny

Trespassory taking and carrying away of personal property of another with intent to permanently deprive. Value determines misdemeanor or felony classification.

Felony larceny

Larceny of property exceeding $1,000, or from person, or of certain property (firearm, explosive). Class H felony. N.C.G.S. §14-72.

Robbery

Taking of personal property from person or presence by force or threat of force. Common law robbery is Class G felony; armed robbery (dangerous weapon) is Class D felony.

Armed robbery

Robbery committed with use or threatened use of dangerous weapon, or inflicting serious injury. Class D felony. N.C.G.S. §14-87.

Assault with deadly weapon

Assault with deadly weapon with intent to kill inflicting serious injury (Class C felony) or without intent to kill (Class E felony). N.C.G.S. §14-32.

Structured Sentencing

NC felony sentencing grid uses offense class and prior record level to determine presumptive, aggravated, or mitigated range. N.C.G.S. §15A-1340.10 et seq.

Prior record level

Points assigned for prior convictions: 1 per misdemeanor, 2 per felony, 4 per Class A felony. Levels I–VI determine sentencing range. N.C.G.S. §15A-1340.14.

Aggravating factors

Facts that increase sentence beyond presumptive range, e.g., premeditation, especially heinous conduct, victim vulnerability. Must be found by jury or admitted.

Mitigating factors

Facts that may reduce sentence below presumptive range, e.g., minor role, cooperation, remorse, mental condition. Court may impose mitigated sentence.

Habitual felon

Defendant convicted of three prior felonies and one new felony may be sentenced as habitual felon, enhancing punishment. N.C.G.S. §14-7.1.

Attempt

Intent to commit crime plus overt act beyond mere preparation that falls short of completion. Punishment is one class lower than completed offense.

Conspiracy

Agreement between two or more persons to commit unlawful act, plus overt act by one conspirator. Punishment same as completed felony.

Solicitation

Counseling, inducing, or requesting another to commit a felony. Class H felony if felony solicited; misdemeanor if misdemeanor. N.C.G.S. §14-2.1.

Aiding and abetting

Defendant is guilty as principal if he aids, abets, or encourages another in commission of crime with intent to promote or facilitate. Mere presence insufficient.

Accessory after the fact

Person who, after felony committed, receives or assists principal to hinder apprehension. Punished as Class H felony if principal committed felony.

Insanity defense

M'Naghten rule: defendant not guilty if mental disease prevented knowing nature of act or knowing it was wrong. N.C.G.S. §15A-959.

Diminished capacity

Evidence of mental condition may negate specific intent required for crime, reducing conviction to lesser offense. Not a complete defense.

Entrapment

Defense when government induces defendant to commit crime he was not predisposed to commit. Objective vs subjective test; NC uses subjective.

Statute of limitations

NC generally has no time limit for felonies; misdemeanors must be prosecuted within two years. N.C.G.S. §15-1.