Homicide charges are among the most severe criminal charges a person may face, and penalties tend to be severe. Felony murder, which falls under second-degree murder in Pennsylvania, may lead to a lengthy stint in prison, possibly a lifetime.
A defendant convicted of felony murder in Pennsylvania may be sentenced to life in prison. This is a somewhat controversial sentence, as defendants charged with felony murder typically do not directly commit any killing. Instead, these charges apply when a killing occurs while the defendant is committing another felony. In Pennsylvania, sentencing has recently changed, and it is no longer legal to sentence a defendant to life without parole for felony murder.
Ask our Philadelphia, PA criminal defense lawyers for murder charges for a free, private case evaluation by calling Kenny, Burns & McGill at (215) 423-5500.
What is the Sentence for Felony Murder in Pennsylvania
Felony murder is a complicated charge. It is technically a homicide charge, but those charged often have not committed a killing, at least not directly. Even so, sentencing for felony murder is extremely serious, and you should call a lawyer for help immediately.
Life Sentence
In Pennsylvania, felony murder, classified under charges for second-degree murder, may be charged when someone is committing another felony and their actions cause the death of someone else.
For example, suppose two people rob a bank together, with one holding the gun and the other acting as a look-out. Next, suppose the accomplice with the gun shoots the bank teller, killing them. In such a case, the look-out may be charged with felony murder, even if they did not actually commit the killing.
Sentencing for felony murder includes a life sentence.
Possibility of Parole
When dealing with life sentences, the question of parole almost inevitably comes up. Up until recently, defendants in Pennsylvania convicted of felony murder could face life in prison without the opportunity for parole.
On March 26, 2026, the Supreme Court of Pennsylvania ruled in the case of the Commonwealth of Pennsylvania v. Lee that life without parole for felony murder convictions violates the Pennsylvania Constitution.
In short, the court determined that a sentence of life without parole for felony murder does not violate the Federal Constitution’s prohibition of cruel and unusual punishment under the Eighth Amendment. However, the court ruled that the state constitution provides greater protections in this regard, and a life sentence without parole for felony murder violates the Pennsylvania Constitution’s prohibition on cruel and unusual punishment.
Sentencing for Minors
When juvenile defendants are sentenced, they are often treated differently, even if their cases are heard in adult rather than juvenile court.
A minor who is convicted of felony murder and younger than 15 may be sentenced to a minimum of 20 years in prison, up to life. Minor defendants who are at least 15 but younger than 18 may be sentenced to at least 30 years in prison and up to life.
Sentencing for life without parole is also unconstitutional for minors.
How to Challenge Your Felony Murder Charges and Sentencing in Pennsylvania
Felony murder charges are extremely serious, and you should call a lawyer for help as soon as possible. Although fighting these criminal charges can be challenging, it is still possible, and you have every right to assert a legal defense.
There Was No Felony
A key component of felony murder charges is the existence of an underlying felony. Felony murder is charged when a killing occurs while the defendant is in the middle of committing another felony. If no such felony occurred, or if prosecutors cannot prove the felony, you should not be charged with felony murder.
Insufficient Evidence
Prosecutors must have sufficient evidence to prove criminal charges beyond a reasonable doubt to secure a conviction. If the evidence is insufficient and prosecutors cannot prove crucial elements of the alleged crime, you should not be convicted.
When dealing with felony murder, prosecutors must prove that a felony occurred and that the killing is connected to the felony. If there is insufficient evidence of the felony, the killing, or both, you may challenge the charges.
You Were Previously Sentenced to Life without Parole
If you were previously convicted of felony murder and sentenced to life in prison without the possibility of parole, you may be able to challenge your sentence. Remember, life without parole for felony murder is no longer constitutional in Pennsylvania. An attorney can help you get a new sentence that may include the possibility of parole.
FAQs About Life Sentences and Felony Murder in Pennsylvania
What is Felony Murder in Pennsylvania?
Felony murder is a homicide charge where a killing occurred while the defendant was engaged in the commission of another felony. Defendants do not have to have actually committed the killing to be charged. An accomplice might have actually committed the killing, but you may still be charged with felony murder.
Can I Be Charged with Felony Murder if I Did Not Kill Anyone?
Yes. To be charged with felony murder, a murder must occur while the defendant is engaged in another felony. A classic example is when a bank robber shoots a bank teller, the look-out who did not pull the trigger can be charged with felony murder. Essentially, felony murder applies to those who did not actually commit the killing. Those who are directly responsible for the killing are charged with regular murder charges.
What is the Sentence for Felony Murder in Pennsylvania?
In Pennsylvania, felony murder charges may lead to a sentence of life in prison. On March 26, 2026, the Pennsylvania Supreme Court ruled that sentences of life without the possibility of parole for felony murder charges are illegal and unconstitutional.
Can I Be Sentenced to Life Without Parole for Felony Murder?
No. A sentence of life without parole for felony murder charges violates the Pennsylvania Constitution’s prohibition on cruel and unusual punishment. If you were convicted of felony murder in the past and sentenced to life without parole, an attorney can help you challenge your sentence and hopefully get a new one.
How Can I Fight Charges for Felony Murder?
You may be able to challenge charges for felony murder if no underlying felony was committed or if prosecutors do not have enough evidence to prove the felony. The existence of an underlying felony is key to a felony murder conviction.
Ask Our Pennsylvania Defense Attorneys for Murder Charges for Help Immediately
Ask our Bucks County, PA criminal defense lawyers for a free, private case evaluation by calling Kenny, Burns & McGill at (215) 423-5500.
