Charges for murder are described under 18 Pa.C.S. § 2502 within the Pennsylvania criminal code. This is perhaps one of the most severe criminal charges a defendant may face. If you have not done so already, hire an experienced attorney to help you, as the penalties for a conviction may be extremely harsh.
Charges for first-, second-, and third-degree murder may be assessed, depending on the specific facts of your case. While the penalties for each set of charges vary, they are all considered harsh, and many years in prison might be on the line. Your attorney can review your case and help you determine the most effective defense strategies for you.
Contact our defense attorneys for 18 Pa.C.S. § 2502 charges immediately by calling Kenny, Burns & McGill at (215) 423-5500 and ask for a free case review to begin.
Possible Murder Charges Under 18 Pa.C.S. § 2502
Murder is one of the most severe criminal charges in our legal system, and it is subdivided into three categories.
Murder in the First Degree
First-degree murder is perhaps the most severe form of murder that may be charged. It requires an intentional, premeditated killing. Premeditation does not require long-term planning and may occur only a few moments before the actual killing.
Murder in the Second Degree
Second-degree murder occurs when a defendant is engaged in some other felony and commits a killing in the process. The killing need not be intentional for the defendant to be charged. In many jurisdictions, this is referred to as “felony murder.”
Murder in the Third Degree
While third-degree murder is technically the least severe murder charge, it is still quite serious and carries significant prison time. It is a catch-all charge and encompasses all other forms of murder that do not fall into the above categories.
Possible Sentencing for a Murder Conviction Under 18 Pa.C.S. § 2502
Penalties for murder charges are among the harshest on the books, and you should call our defense attorneys for 18 Pa.C.S. § 2502 charges immediately if you even suspect you might be investigated for murder.
First Degree
Pennsylvania still allows the imposition of the death penalty. Defendants convicted of first-degree murder may face the death penalty or, if a jury decides against capital punishment, life in prison.
Second Degree
If a defendant is convicted of second-degree murder, they may still face a sentence of life in prison. However, the death penalty is removed from the table and is not a sentencing option.
Third Degree
Third-degree murder, while not quite as harshly punished as first- and second-degree murder, still carries a brutal penalty. Convicted defendants may face up to 40 years in prison.
What if I am Charged with Murder But My Actions Were Justified?
It may be possible to defend yourself in court if you believe your actions were necessary or justified. Your attorney can help you develop this possible defense strategy.
How to Use Justification as a Defense
As a general rule, justification defenses may be effective only under specific conditions.
First, the harm sought to be avoided must be greater than the harm sought to be prevented by the law that defines the charges against you.
Second, no other laws carve out special defense exceptions for the defendant’s conduct.
Third, there is no legislative purpose that would exclude justification as a defense.
Use of Force in Defense of People
A major justification defense in murder cases is self-defense. This kind of defense may be used if you were defending yourself or others from harm. For this defense to be effective, the defendant must have believed that force was immediately necessary to protect themselves or someone else from unlawful force.
Use of Force in Defense of Property
Self-defense justifications do not apply if the defendant was allegedly protecting property from harm. Killing someone to protect property is almost never an acceptable justification.
FAQs About Criminal Charges Under 18 Pa.C.S. § 2502
How Are Murder Charges Assessed Under 18 Pa.C.S. § 2502?
Murder may be charged as murder in the first-, second-, or third-degree under this law. Exactly how a defendant is charged depends on the specific facts alleged in their case.
What Are the Penalties for Murder Charges?
Penalties vary based on the defendant’s specific charges. For first-degree murder, a defendant may face the death penalty or life in prison. For second-degree murder, a defendant may face life in prison. For third-degree murder, a defendant faces up to 40 years in prison.
Can I Claim Self-Defense if I am Charged with Murder?
Yes. Self-defense is a possible justification against murder charges. You must have genuinely believed that force was necessary to protect yourself or another person from imminent harm.
Can I Use Deadly Force to Protect My Property?
Generally, no. If you are charged with murder because you allegedly killed someone to protect your property from harm, you may not claim self-defense.
Could I Face the Death Penalty if I am Convicted of Murder?
Possibly, yes. Defendants convicted of first-degree murder may face the death penalty in Pennsylvania. However, defendants younger than 18 may not be sentenced to death under any circumstances.
When Should I Call a Lawyer for Help if I am Charged with Murder Under 18 Pa.C.S. § 2502?
Call a lawyer for help immediately. If you cannot call for help for any reason, have a friend or family member contact an attorney for you.
Can I Be Released on Bail if I am Charged with Murder?
You may be released on bail, but a judge may deny bail if a defendant is charged with any offense punishable by death or life imprisonment. Bail may also be denied if the defendant is believed to pose a threat to the community or is a serious flight risk.
Do I Get a Trial by Jury if I am Charged with Murder?
You have the right to a jury trial if you are charged with murder, but you may waive this right in favor of a bench trial where the judge acts as the fact finder. This may be a good strategic move if an impartial jury is difficult to assemble.
How Long Does a Murder Case Usually Take?
Cases involving murder charges often take longer than usual. The police often take much longer to investigate, and prosecutors may take longer to carefully consider the charges, their evidence, and legal strategies. Many murder cases take several months or over a year to complete.
Can I Accept a Plea Bargain if I am Charged with Murder?
Yes. You may accept a plea bargain, but such a deal is not guaranteed. Prosecutors sometimes refuse to offer plea bargains in murder cases. However, if the evidence is not as strong as the prosecutor would hope, they may offer a deal you should review with your lawyer.
Contact Our Defense Lawyers for 18 Pa.C.S. § 2502 Charges for Help
Contact our defense attorneys for 18 Pa.C.S. § 2502 charges immediately by calling Kenny, Burns & McGill at (215) 423-5500 and ask for a free case review to begin.
