Criminal homicide is when a person is guilty of intentionally, knowingly, recklessly, or negligently causing someone else’s death. The term covers other offenses as well, including murder and manslaughter.
Homicide can include criminal intent and killing in self-defense, a hunting accident, or a car wreck without violating the law. Murder can range from intentional killing to killing without premeditation. Manslaughter is killing without premeditation, voluntarily or involuntarily.
A Philadelphia homicide defense lawyer can help you.
Criminal Homicide in Pennsylvania
A defendant in Pennsylvania is often charged with “murder- generally,” but knowing the specific elements of each offense can help determine how to prepare a defense case appropriately. For example, at a preliminary hearing for a homicide case, a skilled criminal defense attorney may ask for all murder charges to be dismissed or for the court to specify which degree of murder will be faced at the trial stage. The specific charge depends on your case’s facts and circumstances. A Philadelphia criminal defense lawyer with our firm can help if you or a loved one is facing a homicide offense.
Depending on a defendant’s state of mind and the crime’s circumstances, a slaying may result in the criminal homicide being justifiable, excusable, or criminal. If a person’s death occurs because of another person’s actions, it is classified as a homicide.
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Charges of Criminal Homicide in Pennsylvania
Homicides are serious crimes that require severe punishment if a person is convicted. The charges that fall under the umbrella term of criminal homicide are:
- Murder (first-degree, second-degree, third-degree)
- Voluntary manslaughter
- Involuntary manslaughter
- Causing or aiding suicide
- Drug delivery resulting in death
- Criminal homicide of law enforcement officers
- Vehicular homicide
- Homicide by vehicle while driving under the influence
Homicide includes legal and illegal killings. The difference between an illegal and legal killing is the difference between murder and manslaughter.
Difference Between Murder and Manslaughter
The difference between murder and manslaughter is whether the killing was intentional with malice. If the act included malicious intent that resulted in someone’s death, it would be murder. On the other hand, unjustified killing without malicious intent is typically defined as manslaughter.
First-degree murder involves the specific intent to kill someone or if someone gets in the way, but there was a specific intent to kill the intended target. Second-degree murder consists of the death of a person while in the commission of a felony – whether as a principal or an accomplice. Third-degree murder involves all other types of murder, which would be treated as a first-degree felony.
Manslaughter, voluntary or involuntary, can involve reckless or negligent acts resulting in someone’s death or during a heat of passion event.
Charges for punishment can vary depending on the crime. Voluntary and involuntary manslaughter are charges that are not to the same level as first and second-degree murder, which both require a mandatory life sentence – with first-degree murder carrying a potential death penalty sentence.
Felony murder charges are contentious in Pennsylvania, as they carry some of the most severe punishments in the country. There’s an ongoing legal battle in the state to abolish felony murder, as states like Kentucky and Hawaii have.
The Difference Between Voluntary and Involuntary Manslaughter Charges
Manslaughter is typically an unintentional or accidental result of someone’s actions or inactions that do not involve premeditation. Voluntary manslaughter and involuntary manslaughter are two types of unjustified homicide charges classified by intent and the circumstances of what happened.
Voluntary Manslaughter
Voluntary manslaughter is usually associated with an intense passion. If one person kills another after being provoked – or if they accidentally kill someone else in the process – they will likely face a voluntary manslaughter charge.
For example, this can be the case if someone walks in on a spouse committing adultery and reacting out of anger, resulting in someone’s death.
Other examples of voluntary manslaughter are:
- During a bar fight, someone is hit over the head with a glass bottle, causing internal bleeding and death.
- During an argument, someone pulls a gun and fires in the direction of the other party, missing them and killing a bystander.
Voluntary manslaughter can also be committed if you intentionally kill someone because you believe your act is justified, even though it is unreasonable. For example, if you are under the influence of a substance and kill someone who, you think, is coming to kill you when they aren’t, you may face voluntary manslaughter.
Voluntary manslaughter is a felony of the first degree, resulting in a potential punishment of up to 20 years of imprisonment and a $25,000 fine. After your lawyer investigates your case and evaluates the evidence, it could support accidental death or even self-defense. In some cases, if there is evidence the defendant killed in self-defense, voluntary manslaughter can be used as a plea bargain.
Involuntary Manslaughter
Involuntary manslaughter is often accidental homicide because of reckless or negligent actions while doing something that can be lawful or unlawful. Depending on the level of recklessness, second-degree murder can also be charged.
If you are driving under the influence of alcohol and cause an accident that directly causes someone’s death, you could be charged with involuntary manslaughter because an illegal act was committed negligently or recklessly. You most likely would be charged with Homicide by DUI, which has a mandatory incarceration penalty. Involuntary manslaughter can result in up to five years in jail as a first-degree misdemeanor.
A Lawyer Can Protect Your Rights if You Are Facing Homicide, Murder, or Manslaughter Charges
Facing homicide, murder, or manslaughter charges in Pennsylvania (PA) is a grave and daunting situation that necessitates immediate legal intervention. A lawyer with expertise in criminal defense is crucial in protecting your rights and ensuring a fair trial. Here’s how a lawyer can help:
- Legal Expertise and Strategy: A seasoned defense attorney understands the complexities of PA’s legal system, including the nuances of homicide, murder, and manslaughter charges. They will evaluate the specifics of your case, scrutinize evidence, and develop a robust defense strategy tailored to your situation. This could involve questioning the legality of how evidence was obtained, highlighting inconsistencies in witness testimonies, or presenting alternative explanations for the events in question.
- Protecting Constitutional Rights: One of the primary roles of a defense lawyer is to safeguard your constitutional rights. This includes ensuring that you receive a fair trial, that you are presumed innocent until proven guilty, and that any statements you make to law enforcement are voluntary and informed. Your attorney will also ensure that you are protected against unlawful searches and seizures and that your right to remain silent and to have legal counsel present during interrogations is upheld.
- Navigating Court Procedures: The legal system is fraught with procedural complexities that can be overwhelming for someone without legal training. A lawyer will guide you through each step of the process, from arraignment to trial. They will handle the filing of necessary motions, such as motions to suppress evidence or dismiss charges, and will represent you during hearings and trial proceedings. Their familiarity with courtroom procedures and protocols is invaluable in presenting your case effectively.
- Negotiating Plea Deals: In some cases, it might be in your best interest to negotiate a plea deal. An experienced lawyer can negotiate with the prosecution to reduce charges or secure a more lenient sentence. They can advise you on the pros and cons of accepting a plea deal versus going to trial, ensuring you make informed decisions.
- Emotional and Moral Support: Facing serious criminal charges is emotionally taxing. A defense lawyer not only provides legal support but also offers emotional and moral guidance. They can help you understand the gravity of the situation, manage stress, and maintain a positive outlook while navigating the legal process.
A lawyer’s expertise, dedication, and strategic insight are indispensable when facing homicide, murder, or manslaughter charges in Pennsylvania. Their role is crucial in ensuring your rights are protected, and you receive the best possible defense under the law.
Call a Criminal Defense Lawyer Today for Your Free Consultation
The Law Offices of M.J. Snyder, LLC, understands that if you are convicted of homicide, your life or your loved one’s life will forever be different. The penalties you could receive can affect every aspect of your life, including your family, career, mental well-being, reputation, and rights.
Contact us for your free consultation to learn how a criminal defense attorney from our firm can help you. The sooner you contact us, the faster we can start preparing your defense and gathering evidence to build your case.
