When people think of good results in criminal defense work, they tend to focus on acquittals. That is the absolute best outcome one can hope for when it comes to criminal defense. Kenny, Burns & McGill’s goal is to get the best possible outcome for our clients. Our hope is that the outcome is a full acquittal, but we know that is never a guarantee as defense work is rarely that straight forward. Defense attorneys must always keep in mind the worst-case outcomes as well. If a case goes to trial and the defendant is convicted, what is the maximum punishment they can receive? What if the jury or judge finds the defendant guilty of a minor or lesser offense? What happens if that minor or lesser offense ends up carrying the same punishment as the main offense?
Homicide defense work is incredibly complex in this regard. In some instances, the best possible outcome – beyond complete acquittal – is to have a charge of Murder in the First or Second Degree downgraded to Murder in the Third Degree.
If someone is convicted and sentenced to Murder in the First or Second Degree, they face a sentence of life imprisonment. If someone is convicted and sentenced of Murder in the Third Degree, then they traditionally face a maximum sentence of 40 years imprisonment; however, there is a caveat. According to the Pennsylvania Rules of Criminal Procedure section 9715, any person convicted of Murder of the Third Degree in the Commonwealth of Pennsylvania who has previously been convicted of Murder or Voluntary Manslaughter, regardless of whether it was in the Commonwealth or another jurisdiction, shall be sentenced to mandatory life imprisonment.
This is not just a hypothetical scenario. Kenny, Burns and McGill recently represented a defendant who was charged with Murder in the First Degree and related charges. If this was any other case, then the next best outcome after an acquittal would have been having the lead charge downgraded. Our client has previously been convicted of Voluntary Manslaughter in 2000. Even though his previous conviction was twenty-five years ago, our client, if he was found guilty, was still at risk of life imprisonment, regardless of whether the conviction was Murder in the First or Third Degree. Our firm had to keep this in mind as they prepared the case for trial. Despite our firm being ready, willing, and able to fight the case in our client’s defense, there was no escaping the risk of the sentence.
After working on the case, and through discussions with our client, we were successfully able to negotiate an outcome where our client was sentenced to a minimum of fourteen and a half years in custody and the majority of his chargers were withdrawn. Although this is a lengthy period of time, our client and his family are still happy to know that they can look forward to a release date. At Kenny, Burns & McGill, we work hard to get the best possible outcomes for our clients and take pride in the fact that we were able to protect our client from a life of imprisonment.
If you or a loved one is facing criminal charges, call Kenny, Burns & McGill today at (215) 423-5500 for a free consultation.
