While all homicide offenses are extremely serious and may come with significant prison terms, they are not all the same. People often use the term “murder” to refer to a wide range of homicide offenses, but murder is a separate charge that arguably carries the highest penalties. Other offenses include forms of manslaughter.
While murder is often an intentional killing, manslaughter is a bit more complicated. In many cases, manslaughter charges apply when a killing happens under an unreasonable belief that deadly force was necessary. It may also stem from accidental killing resulting from reckless or unlawful conduct. Although manslaughter often carries lighter penalties compared to murder, the potential legal consequences are still quite harsh, and you should call a lawyer immediately.
Get a free case assessment by calling our Philadelphia criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500.
How Charges for Murder and Manslaughter Differ in Pennsylvania
While murder and manslaughter are both homicide offenses, they are extremely different criminal charges.
Murder
Murder charges are divided into three subcategories: first-, second-, and third-degree murder.
First-degree murder involves an intentional killing, while second-degree murder involves a killing committed in the course of another felony. A third-degree murder may be another murder offense that does not fit the other two categories.
Voluntary Manslaughter
First, we have voluntary manslaughter, which may be charged if you are accused of killing someone under intense passion or provocation by the victim or by someone else, and you accidentally cause the death of the victim.
Alternatively, you may be charged if you killed someone under the unreasonable belief that your actions were justifiable. For example, self-defense is a justification defense, but if your belief that deadly force was necessary to defend yourself was unreasonable, you might be charged with voluntary manslaughter.
Involuntary Manslaughter
Next, we have involuntary manslaughter, which typically involves an unintentional killing. Generally, a person may be charged with voluntary manslaughter if they cause the death of another by performing an unlawful act in a reckless or grossly negligent way. For example, driving while intoxicated and causing a fatal accident may lead to involuntary manslaughter charges.
Fighting Charges for Murder and Manslaughter
How we fight your charges will differ significantly depending on whether you are charged with murder or manslaughter.
Challenging Criminal Intent
For murder charges, the defendant must intend to do the killing. This may involve premeditation and malice aforethought, or it could involve acting under extreme provocation. If you lacked the intent to do the killing, we can argue for the charges to be dropped or reduced.
Manslaughter, on the other hand, requires an unintentional or accidental killing. Alternatively, it requires an unreasonable belief that the killing is justifiable. If your belief of justification was actually reasonable, we can fight the charges.
Justifications
Our Philadelphia homicide defense lawyers can also challenge your charges if you believe your actions were necessary to defend yourself.
Self-defense can be an affirmative defense to murder. However, we must show that your believe that deadly force was necessary was reasonable under the circumstances. If you are charged with voluntary manslaughter, proving that your belief was reasonable may be necessary, as this is an inherent element of the crime.
For involuntary manslaughter, the key is that the defendant must have been doing something unlawful when they recklessly caused the death of another. If you were not engaging in anything unlawful, you should not be found guilty.
Insufficient Evidence
All charges may be challenged based on a lack of evidence. If we do not believe that the prosecutor has enough evidence to meet their burden of proof, we can request that the judge dismiss the case. Even if the judge disagrees, we can argue to the jury that there is not enough evidence to convict.
What is Prison Time Like for Murder and Manslaughter Charges in Pennsylvania?
One of the biggest differences between murder and manslaughter charges is the penalties. Murder is very harshly punished, and manslaughter is not too far behind.
Possible Prison Sentence for Murder
The penalties for murder differ based on whether you are charged with murder in the first, second, or third degree.
Third-degree murder may be punished with a prison term of up to 40 years. For second-degree murder, a defendant may face life in prison. First-degree murder, perhaps one of the most serious charges possible, carries a penalty of death or life in prison.
Possible Prison Terms for Manslaughter
For voluntary manslaughter, defendants may be charged with a first-degree felony punishable by up to 20 years in prison.
Involuntary manslaughter is often charged as a first-degree misdemeanor punishable by up to 5 years in jail. However, if the victim is under 12 and in the custody or care of the defendant, the charges may be upgraded to a second-degree felony, punishable by up to 10 years in prison.
FAQs About Murder and Manslaughter Charges in Pennsylvania
What Makes Murder Different from Manslaughter?
Murder is often an intentional killing, while manslaughter may be unintentional or occur under a mistaken or false justification. A person charged with manslaughter might not have intended the killing or unreasonably believed they needed to use deadly force to protect themselves or others.
Are Charges for Manslaughter or Murder More Serious?
While all these charges are quite serious, charges for murder tend to carry higher penalties than those for voluntary or involuntary manslaughter. Remember, the penalties for manslaughter are still substantial and should not be taken lightly.
What Should I Do if I am Arrested for Murder?
If you are arrested for murder, cooperate with the police as best as you can and avoid answering questions about the alleged crime. Call a lawyer for help as soon as you can and wait for them to arrive at the police station before answering questions.
Can I Be Charged for an Accidental Killing?
Yes. Accidental killings may be charged as involuntary manslaughter if they occur because of extremely reckless or unlawful behavior.
Can I Take a Plea Bargain for Murder or Manslaughter?
You may accept a plea bargain if prosecutors offer one. In cases of murder, prosecutors might agree to reduce the charges to manslaughter, but this is not guaranteed.
Is Voluntary Manslaughter Worse than Involuntary Manslaughter?
Voluntary manslaughter is often graded as a first-degree felony, while involuntary manslaughter may be graded as a first-degree misdemeanor. However, the grading of charges may be different under special conditions.
Get Legal Help Now from Our Pennsylvania Homicide Defense Attorneys
Get a free case assessment by calling our Norristown, PA criminal defense lawyers at Kenny, Burns & McGill at (215) 423-5500.
