The government can charge an individual under many different theories of homicide, and the difference in penalties is life-altering. It takes an experienced criminal defense attorney to gain an acquittal or, in some instances, argue for a lesser degree of homicide.
What is First Degree Murder, and what is the penalty? the government must prove that the killing was willful, deliberate, “premeditated” and an intentional killing – in other words, the intent was to kill, and not just harm. Some people here this and think “Oh, good, I just shot him in a heated argument, it wasn’t ‘premeditated’, and so I can’t be convicted of 1st degree murder.” However, the “premeditated” aspect in Pennsylvania, and as often argued by the prosecution, can be formed in a split second – meaning that it doesn’t need to be a well-planned, plotted-out murder. The penalty for a 1st degree murder conviction in Pennsylvania is automatic life in prison, without the possibility of parole. If you or someone you know is facing a 1st degree murder charge, you need an experienced criminal defense attorney who can argue the facts, and the law, in order to secure the best possible outcome at trial. In some instances, that may mean an outright acquittal based on insufficient evidence, or based on argument of self-defense. In other instances, that they mean arguing for a 3rd degree murder conviction (which only carries a maximum of 20-40 years), voluntary manslaughter (which carries a maximum of 10-20 years), or involuntary manslaughter (which carries a maximum of 2.5-5 years). No matter what your situation is, Tom will fight to gain the best possible outcome for you.
What is Second-Degree Murder, and what is the penalty? often known as “Felony Murder,” this is a murder that occurs during the commission of one of an enumerated number of felonies: Robbery, Burglary, Arson, Rape, Deviate Sexual Intercourse, and Kidnapping. In other words, if someone is killed while a person is committing one of these enumerated felonies, than that person will be facing a charge of 2nd degree murder. In Pennsylvania, a 2nd degree murder conviction carries a penalty of automatic life in prison without the possibility of parole. A defense of “I only intended to do xyz…. I didn’t mean for someone to die” will not help. What will help is an experienced criminal defense attorney fighting the case on your behalf, every step of the way. Call Tom.
What is Third-Degree Murder, and what is the penalty? the government must prove that the defendant intended to cause serious bodily harm to the victim, but not necessarily death, and that the intentional causing of that desired harm resulted in death. 3rd degree murder carries a maximum penalty of 20-40 years. This charge differs from 1st degree murder in that the government only needs to show that the defendant intended to cause serious bodily harm, but not necessarily death; however, death resulted from the intended harm. A classic hypothetical example used by prosecutors during jury trials is that if a defendant became angry with an opposing team member during a basketball game, and pulled out a razor to cut the other person’s Achilles, and that person then bled out and died, then the defendant intended to cause serious harm (the severing of the Achilles tendon) but didn’t intend for the person to die. Such hypotheticals, when used by the prosecution, make shooting deaths look way worse by comparison, and you need an experienced attorney to combat these arguments. In reality, the 3rd degree murder case is often a shooting case, where the prosecution proceeds on 1st and 3rd degree murder charges, and hope to secure a 3rd degree conviction even if they can’t secure a 1st degree murder conviction. The difference can often come down to closing arguments based on nuanced facts of the case, and only an experienced criminal defense attorney can pick apart the details of the prosecution’s case to make such arguments. Call Tom if you or someone you know needs an experienced criminal defense attorney for such a case.
What is Voluntary Manslaughter, and what is the penalty? Often known as “a killing in the heat of passion,” the government must prove that the defendant committed the killing while under a “sudden and intense passion” resulting from serious provocation* by either the person killed, or another person who the defendant intended to kill, but then the defendant negligently or accidentally killed someone else. (*Serious provocation is defined in the law as “conduct sufficient to excite an intense passion in a reasonable person). The classic example of voluntary manslaughter is the husband who walks in to find his wife in bed with another man and, in the heat of the moment, kills. The maximum penalty for voluntary manslaughter is 10-20 years. Often, depending on the facts of the case, an experience defense attorney can argue for a voluntary manslaughter conviction, as opposed to a conviction for 1st or 3rd degree murder. If the defendant believes that he is justified in committing the killing at the time of the incident, based on justification or self-defense, but that his belief is found to be unreasonable, this can also lead to a voluntary manslaughter charge. Regardless of the circumstances, Tom can evaluate your case and determine what the best course of action is.
What is Involuntary Manslaughter, and what is the penalty? The government must prove that the defendant committed either a lawful or unlawful act in a reckless or grossly negligent manner, which resulted in the death of the victim. A classic example is the fistfight or sucker-punch scenario: two guys get into a fistfight and/or one sucker-punches the other, causing death. No weapons are used. Often, the prosecution will proceed on 3rd degree murder and involuntary manslaughter charges. The theory for a 3rd degree murder conviction is that the excessive blows, punches or sucker-punch was an attempt to cause serious bodily injury, and that resulted in death. You need an experienced criminal attorney to argue that it was a mere fistfight, and that there was no intention to cause serious bodily injury; therefore, 3rd degree murder doesn’t apply. The maximum penalty for Involuntary Manslaughter is 2.5-5 years. Call Tom if you are facing such charges and need an experienced attorney to fight for you.