By: J.B. Fitzgerald

Have You Been Accused of Murder in the Philadelphia Area?

A charge of murder may be reduced to a manslaughter charge when someone was provoked to take another person’s life. If you take a life, and you’re charged with murder in the Philadelphia area, you must reach out and contact a Philadelphia homicide attorney at once.

In many cases in Pennsylvania, someone who takes a life will initially be charged with first- or second-degree murder. The charge may later be reduced if the evidence supports a defendant’s manslaughter claim or if plea negotiations result in a reduction of the charge.

Manslaughter may even be offered as a defense against a murder charge. If your Philadelphia criminal defense lawyer offers manslaughter as your defense, you and your lawyer will have to show that you were provoked and that you did not have any intention of committing murder.

What Homicide Charges Are Available to Pennsylvania Prosecutors?

If the police and prosecutors believe that you have committed a homicide in this state, you will probably be arrested and charged with one of the following crimes:

 

  1. First-degree murder is an intentional killing which is defined in the statute as “killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing. .
  2. Second-degree murder is a killing committed by a defendant (or an accomplice) while perpetrating a violent felony such as kidnapping, sexual assault, rape, robbery, or arson.
  3. Third-degree murder is is defined as “all other kinds of murder,” i.e., those committed with malice that are not intentional (first-degree) or committed during the perpetration of a felony (second-degree). Malice is present under circumstances where a defendant did not have an intent to kill, but nevertheless displayed a conscious disregard for ‘an unjustified and extremely high risk that his actions might cause death or serious bodily harm.’
  4. Voluntary manslaughter is a homicide committed in the “heat of passion” or when the defendant unreasonably believed that he or she was acting in self-defense.
  5. Involuntary manslaughter is a homicide committed when reckless or gross negligence (such as reckless or intoxicated driving) causes the death of another person.

If You Are Charged With a Homicide, What Steps Can You Take?

If you are taken into police custody and charged with a homicide in the Philadelphia area, contact a Philadelphia homicide attorney at once. Do not speak about your case with anyone but your attorney. Whether or not your rights are read by the police, your right to remain silent applies.

If the police seek to interrogate you, either before or after an arrest, you can politely say something like, “I prefer to answer no questions until I speak with my lawyer,” and say no more. Under the U.S. Constitution, you cannot be penalized for exercising your right to remain silent.

Especially when the charge against you is as serious as murder or manslaughter, insisting on and exercising your legal rights may mean the difference between a full acquittal and a conviction followed by years or decades in prison.

How is a Murder Charge Reduced to Manslaughter?

The level of provocation needed to reduce a murder charge to voluntary manslaughter has to be decided on a case-by-case basis, but in most cases, “reasonableness” is the test. A murder charge may be lowered to a manslaughter charge if there is evidence that:

  1. the defendant was acting under a sudden and intense passion resulting from serious provocation , or
  2. the defendant unreasonably believed that deadly force was justified

If you are charged with murder, your Philadelphia criminal defense lawyer may suggest that your best defense is to argue the homicide was manslaughter rather than murder. 

How Are Homicide Convictions Penalized?

The State of Pennsylvania may impose the following penalties on defendants who are convicted of homicide charges:

  1. A first-degree murder conviction is punishable by death or by life in prison with no possibility of parole.
  2. A second-degree murder conviction may also be penalized with a life sentence with no possibility of parole.
  3. A third-degree murder conviction may be penalized with a twenty-to-forty-year prison sentence.
  4. A voluntary manslaughter conviction may be penalized with a prison sentence of up to twenty years.
  5. An involuntary manslaughter conviction may be penalized with up to five years in prison.

How Will Your Attorney Handle Your Defense?

If you are charged with homicide in this state, immediately contact a Pennsylvania criminal defense attorney who will defend you aggressively and effectively. Your attorney will review the state’s evidence, speak with the witnesses, and develop an appropriate defense on your behalf.

If the charge against you cannot be dropped and the case cannot be dismissed, you may be offered a plea bargain – for example, the reduction of a murder charge to a manslaughter charge in return for a guilty plea. Carefully consider and discuss any plea offer with your attorney.

Let the Liberty Law Team Handle Your Defense

A murder conviction is the most serious criminal conviction, and it entails the most serious consequences. You cannot leave your defense in the hands of an untested or inexperienced defense lawyer. In the Philadelphia area, you should be represented by the Liberty Law Team.

Homicide prosecutors are aggressive, so your defense attorney must be both aggressive and effective. The Liberty Law Team knows how to win the most favorable outcome to your case.

If you are charged with murder or manslaughter – or if you are under investigation for any homicide in or near Philadelphia – you must have immediate legal counsel. Call the Liberty Law Team at 215-826-3314. We are located at 1515 Market Street, Suite 1200 in Philadelphia.