Pennsylvania law defines third-degree murder as a crime that occurs when one individual kills another without specific intent and without perpetrating another felony. Essentially, it involves a killing that does not meet the criteria for a first-degree or second-degree murder charge. It must involve malice, but there must not be any premeditation or intent.
If you have questions about “what is 3rd-degree murder” or what penalties you could face if convicted, you should discuss your case with a homicide defense lawyer in Pennsylvania. You will want a strong criminal defense lawyer on your side if you face allegations or charges of murder in the third degree.
Key Elements of a Third-Degree Murder Charge in Pennsylvania
Under 18 Pa. Code § 2502(c), Pennsylvania law defines third-degree murder as “all other kinds of murder.” This means you will likely face this charge if the crime police officers accuse you of committing does not meet the criteria the law sets for first- or second-degree murder.
According to Pennsylvania law, third-degree murder involves the following elements.
- Malice: Third-degree murder always involves malice. This means the accused party acted with ill will or reckless indifference to the life or lives of others. It is important to recognize how malice differs from intent. Instead of purposefully planning or intentionally acting to kill someone, it is a reckless disregard for human life.
- Lack of Intent: First-degree murder involves intent to kill. If there is premeditation or intent, the charges are more likely to be first-degree murder. Third-degree murder generally involves reckless or extremely negligent behavior.
- Not Due to Another Felony: Second-degree murder charges are typically used when the death occurs during another felony act. This is also known as felony murder. For example, a murder during the commission of a robbery might be charged as second-degree murder. Third-degree murder does not involve the simultaneous or related commission of another serious crime.
Common Scenarios That Lead to Third-Degree Murder Charges
Some possible examples of third-degree murder include:
- Speeding, losing control, and driving into a crowd gathered on a sidewalk outside a restaurant
- Firing a gun into the air and the bullet striking someone in a nearby home
- Drunk driving causing a fatal collision
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Penalties for a Third-Degree Murder Conviction in Pennsylvania
The potential sentence for a third-degree murder conviction in Pennsylvania is harsh. However, it is generally less severe than a first- or second-degree murder conviction. You will likely see time behind bars if convicted, although many defenses and pre-trial actions could protect your freedom and your future.
Third-degree murder charges are first-degree felonies. Under 101 Pa. Code § 15.66, the possible sentence could include:
- 10+ year prison sentence
- Significant fines
Several factors could play a role in the sentencing of someone convicted of third-degree murder in Pennsylvania. This includes:
- The individual’s criminal history
- The specific details of the crime
- The defense presented by the accused’s lawyer
Defending Against 3rd Degree Murder Charges
The circumstances that led to a third-degree murder charge will play a central role in the defense strategy used in the case. Some common defenses in these cases could include:
- Lack of Malice: The prosecution must prove that you acted with malice to convict you of a third-degree murder charge. If your lawyer can show that you did not act recklessly or with extreme negligence, the court could reduce or dismiss the charges, or the jury might acquit you at trial.
- Accidental Death: If the death was an accident and not caused by reckless or malicious behavior, your lawyer might argue that you did not commit third-degree murder. However, this requires showing a lack of malice, meaning you did not commit extreme negligence or recklessness.
- Self-Defense: Under 18 Pa. Code § 505, Pennsylvania law allows you to use deadly force if you believe you are in immediate danger of death or serious bodily injury. If you acted in self-defense or defense of your family, you may be able to avoid a conviction. However, you must show you had a reasonable belief lives were in danger, and the use of deadly force must be proportional to the threat you felt.
- Mistaken Identity: You may argue that the wrong person is facing criminal charges. This is a viable defense if you can establish an alibi or show that there is no evidence to link you to the crime. Identifying other suspects or directing law enforcement toward the correct perpetrator may also be possible.
- Police Misconduct or Mistakes: If law enforcement officers made mistakes in their investigation or violated your rights during this process, your lawyer may get key evidence excluded from trial. This could lead to prosecutors dropping the charges or you winning an acquittal at trial.
How a Criminal Defense Attorney Will Handle Your Third-Degree Murder Case
Third-degree murder convictions in Pennsylvania carry severe penalties. Your homicide defense lawyer will investigate what happened and develop an effective defense strategy to clear your name or get the best outcome based on the evidence.
The success of your defense depends on the details of the case, the evidence presented, and the experience of the law firm handling it. You will want to hire a criminal defense lawyer as soon as possible after your arrest or charges. They can represent you during every court appearance, protect your rights, and develop the most effective defense possible for you.
Contact Us to Get Started Fighting Your Third-Degree Murder Charge Today
Call the Law Offices of M.J. Snyder, LLC, for a free confidential consultation with our legal team. We can help you understand what third-degree murder is and how these charges could affect your everyday life. Our homicide defense lawyer knows how to fight these charges and work to get the best possible outcome in your case.
Contact us today to get started defending your rights.
