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 or killing without premeditation. Manslaughter is killing without premeditation, voluntarily or involuntarily.
Criminal Homicide in Pennsylvania
A defendant could be charged with the umbrella term of “criminal homicide” or “murder- generally” but knowing the specific elements of each offense can help determine how to prepare a defense case appropriately. The specific charge depends on your case’s facts and circumstances. A Philadelphia homicide 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 homicide being justifiable, excusable, or criminal. If a person’s death occurs because of another person’s actions, it is classified as a homicide.
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.
Murder or 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 is was specific intent to kill the intended target. Second-degree murder involves 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 punishements in the country. There’s an ongoing legal battle in the state to abolish felony murder, as states like Kentucky and Hawaii have.
For a free legal consultation, call 215.515.3360
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 potential punishment of up 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 often is 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
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 our firm can help you. The faster you contact us, the faster we can start preparing your defense and gathering evidence to build your defense case.
