What Steps Can You Take if You Are Charged With Voluntary Manslaughter?

If you are charged with murder or manslaughter in or near the Philadelphia area, you must be advised and defended by a Philadelphia homicide attorney, and you must reach out to that attorney immediately.

The law in Pennsylvania includes six different homicide charges: first-, second-, and third-degree murder; voluntary and involuntary manslaughter; and vehicular homicide. Sometimes, a homicide may be deemed a justifiable act of self-defense.

Nevertheless, criminal homicides are considered the most serious crimes in the justice system. If you are charged with murder or manslaughter, you’ll need a Philadelphia homicide lawyer who will aggressively protect your rights and fight effectively for justice on your behalf.

What Constitutes Voluntary Manslaughter in This State?

In Pennsylvania, voluntary manslaughter is defined as an unjustifiable homicide that occurred because a perpetrator was either provoked by the victim or by someone else the perpetrator was attempting to kill when the victim was accidentally killed instead.

You can also face a voluntary manslaughter charge in Pennsylvania if you kill someone under the unreasonable belief that your action is justifiable. Voluntary manslaughter is a crime that happens in the heat of passion and without any premeditation.

How are voluntary and involuntary manslaughter distinct? Although there is no premeditation, voluntary manslaughter requires the intention to kill, while involuntary manslaughter is the charge when the victim is killed unintentionally because of recklessness or negligence.

How is the “Heat of Passion” Defined Under Pennsylvania Law?

The heat of passion describes the mental state of someone who has been provoked so that the person experiences a loss of control and extreme rage. A defendant may have acted in the heat of passion if a reasonable person in the same circumstances would have responded in the same way.

However, if someone has sufficient time to “cool off” between the provocation and the homicide, the heat of passion probably does not apply. For example, if you discover your spouse in the act of adultery, and you kill that person then and there, you may have acted in the heat of passion.

However, if you leave the scene of the provocation to obtain a weapon, return thirty minutes later, and kill that person, the killing probably did not happen while you were still in the heat of passion.

If you are charged with murder, but your Philadelphia homicide attorney can prove that you were provoked to the heat of passion, it’s possible for the murder charge to be reduced to voluntary manslaughter.

What Constitutes an Unreasonable Belief That a Homicide is Justifiable?

Suppose you kill someone, and you believed the killing was justifiable, but the evidence does not support that belief. For example, if you killed someone who was reaching for a cigarette, but you believed the person was reaching for a weapon, you might face a voluntary manslaughter charge.

The principle of proportionality means that the amount of force used to respond to a threat must be proportional to the threat itself. If you’re threatened with death, deadly force may be justified, but if a threat was minor and your response was disproportionate, a self-defense claim may fail.

What Are the Penalties for a Voluntary Manslaughter Conviction?

Voluntary manslaughter is categorized as a first-degree felony in Pennsylvania. If you have no previous convictions for violent felonies, a conviction for voluntary manslaughter may be penalized with up to twenty years in prison and a fine of up to $25,000.

However, Pennsylvania has a three-strikes law that requires longer sentences for repeat violent offenders. If you’re convicted of voluntary manslaughter after two previous violent crime convictions, you may be sentenced to at least twenty-five years in prison.

Moreover, after a third conviction for a violent felony, you could be deemed a “danger to the public,” which means you could be sentenced to life in a Pennsylvania prison with no possibility of parole.

How Will Your Attorney Fight a Voluntary Manslaughter Charge?

A Philadelphia homicide lawyer’s first step, in most voluntary manslaughter cases, will be seeking to have the case dismissed or the charge dropped or reduced. If those options aren’t available, and if you’re innocent of the charge, you should insist on your right to a jury trial.

The defenses that in some cases prevail against manslaughter charges include:

  1.  You acted in self-defense or in the defense of another person or persons.
  2.  The death was accidental and you did not intend to kill the victim.
  3.  You are actually innocent and another person committed the crime.

What Do These Defenses Require?

Acting in self-defense and acting in the defense of others are “affirmative” defenses to a voluntary manslaughter charge. You’re admitting that you killed someone, so you and your lawyer will have to prove that your action was proportional to the threat you faced.

If your lawyer can prove that the victim’s death was an accident and that you had no intent to kill, a voluntary manslaughter charge may be reduced to involuntary manslaughter.

The insanity defense is rarely offered in homicide cases in Pennsylvania. If you offer an insanity defense, you are admitting that you killed someone, but you are claiming that you did not know right from wrong at the time the killing took place.

Who Can You Trust to Fight for the Justice You Need?

Any homicide conviction in Pennsylvania could send you to prison for a number of years. With everything at stake, you must be defended by an attorney who has a record of success defending clients accused of murder or manslaughter.

In or near Philadelphia, if you’re charged with voluntary manslaughter, currently or in the future, contact Liberty Law Team immediately.

Your first legal consultation with Liberty Law Team is offered with no cost or obligation. You will receive sound legal advice and learn how Pennsylvania’s manslaughter laws apply to your case. To learn more and get the legal help you need, call Liberty Law Team at 215-826-3314.