The crime of homicide is defined as the killing of another person under Pennsylvania law. There are many different degrees of homicide depending on the intent of the defendant and the circumstances of the crime. Therefore, it is important to know exactly what kind of homicide you have been charged with and what the ramifications of your charges are. Our experienced Philadelphia homicide defense attorneys will help you understand your charges and will prepare a strong defense in your homicide case.
Types of Homicide or Murder Charges
In Pennsylvania, there are three broad categories of homicide: murder, voluntary manslaughter, and involuntary manslaughter.
Murder — In Pennsylvania, murder is divided into three degrees depending on the severity of the offense.
- First degree murder is defined as murder in which the suspect committed an intentional, or malicious, and premeditated killing of another person. Usually, the prosecution has to prove each of these elements by showing how intensely the suspect planned the crime or other contextual circumstances. This offense is punishable either by the death penalty or by life in prison.
- Second degree murder is defined as a murder that is committed during the commission of a felony, such as robbery. Even if the suspect did not intend to kill anyone, the fact that it occurred during the commission of another felony means that the court can infer an intent to kill. This means the prosecution must prove that the suspect intentionally committed the underlying felony. Second degree murder comes with a penalty of life in prison.
- Third degree murder occurs when the murder was not intentional or planned and did not occur during the commission of a felony, but still was done with gross recklessness or malice. This can occur if, for example, the suspect sells someone a dangerous drug and the person dies from taking the drug. Third degree murder is punishable by up to 40 years behind bars.
Voluntary Manslaughter — Voluntary manslaughter is commonly known as homicides committed “in the heat of passion” or when you have an unreasonable fear that you will be harmed. Because there is no premeditation or intent, voluntary manslaughter is not punished as severely as murder. However, you may still be facing up to twenty years in prison unless you can prove that you were acting in true and justified self-defense.
Involuntary Manslaughter — This crime occurs when someone’s acts caused a death, the act was done in a reckless manner or was inherently dangerous, and the person knew or should have known that their acts could harm someone. This is considered a first degree misdemeanor and is generally punishable by up to five years in prison. But if the person who died was a child (12 or under) and the defendant was caring for the child, the crime is a second degree felony which is punishable by up to ten years behind bars.
Any homicide charge is extremely serious and can come with enormous penalties. You should not take these charges lightly and should contact our office as soon as possible. Our experienced Philadelphia homicide defense lawyers will begin preparing your defense right away.
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