Criminal homicide encompasses multiple homicide-related offenses in Pennsylvania. Whether you are charged with murder or some form of manslaughter, you should call a lawyer immediately and begin working on a defense.
If you have an alibi, it might get the prosecutor to drop the charges completely. Alternatively, we might argue about your intent in the alleged killing. Murder often requires an intent to kill, whereas involuntary manslaughter, a lesser homicide offense, does not. We might work out a plea to a lesser charge with less severe penalties. You might instead claim self-defense if the alleged victim was the aggressor and put you in fear for your safety.
Receive a private, free case assessment by calling the Liberty Law Team at (215) 826-3314 and talking to our homicide attorneys.
What to Do if You Are Charged with Homicide
If you have been arrested and charged with a homicide-related offense, call a lawyer immediately. Crimes related to homicide are often severe, and you might be looking at many years in prison if convicted.
Do not talk about the case with anyone. The police are likely still investigating and may speak to people in your inner circle. If you say anything to anyone that could be misconstrued as incriminating, it might get back to the authorities. Also, avoid posting anything on social media for the same reasons.
Begin working on a defense with your attorney, even if you are in the very early stages of the case. A good defense should be tailored to your specific needs and the facts of your case. The sooner your attorney is able to begin, the stronger your defense may be.
How to Fight Homicide Charges in Bensalem
While homicide charges can feel unbeatable, you have the right to defend yourself, and prosecutors might not have enough evidence to secure a conviction.
Asserting and Alibi
One of the strongest possible defenses is an alibi. An alibi may prove that you were somewhere else when the killing occurred and could not have been the perpetrator. Often, when defendants assert a successful alibi defense, prosecutors will drop the charges.
If you have an alibi, our homicide attorneys need proof. Prosecutors will likely not take you at your word. Security camera footage of you in another location, witnesses, or even receipts with timestamps can help us prove your alibi.
Arguing About Your Intent
A major component of homicide is the defendant’s intent. If you did not have the requisite intent to be charged with homicide, other lesser offenses might be more appropriate.
Sometimes, defendants can persuade prosecutors to reduce the charges when intent cannot be proven. If you are charged with murder, but there is shaky evidence regarding an intent to kill, prosecutors might reduce the charges to something like manslaughter.
Claiming Self-Defense
The defendant might have felt the need to use deadly force to defend themselves from the victim and can claim self-defense in the hopes of beating homicide charges. Justification defenses, which include self-defense, are generally described under 18 Pa.C.S. § 503(a).
First, you may claim self-defense if the harm you wanted to avoid was greater than the harm that the victim would have done, there are no other specific statutes pertaining to your situation, and a justification defense is not legislatively excluded from the case.
You may claim self-defense if you use force in self-protection or the protection of others. You must reasonably believe the use of such force is immediately necessary to protect yourself or someone else from the unlawful force of another.
Possible Penalties for a Homicide Conviction in Bensalem
The penalties for homicide charges are some of the most severe possible in Pennsylvania. Under 18 Pa.C.S. § 2501(b), criminal homicide is classified as murder, voluntary manslaughter, or involuntary manslaughter, and the penalties for each are devastating.
Murder
Murder charges are graded as murder in the first, second, or third degree. First-degree murder involves an intentional, premeditated killing and may be punished under § 1102 with life in prison or the death penalty.
Murder in the second degree involves a killing, intentional or not, during the commission of a felony. This is also sometimes referred to as “felony murder.” It may be punished with life in prison.
Finally, third-degree murder encompasses all other murders that do not fit within the above categories. Such an offense may be punished by up to 40 years in prison.
Voluntary Manslaughter
Voluntary manslaughter is a somewhat lesser homicide offense, but it still may be graded as a first-degree felony. It may be charged if you kill someone without lawful justification under an intense, sudden passion from a serious provocation.
A first-degree felony may be punished with a prison term of no more than 20 years.
Involuntary Manslaughter
Involuntary manslaughter involves a killing resulting from the defendant’s reckless or negligent behavior. It normally does not involve an intent to kill or do harm and may be charged as a first-degree misdemeanor, generally.
However, if the victim is under 12 years old and is in the care or custody of the defendant when the death occurs, the defendant may instead be charged with a second-degree felony.
A first-degree misdemeanor may be punished with up to 5 years in jail. A second-degree felony may lead to a 10-year prison term.
How Long Do Homicide Cases Take?
Homicide cases generally take longer than most other criminal cases, but this may vary from case to case. The authorities usually want to conduct more thorough investigations, and we might have to wait longer from when investigations start to when your trial begins.
The trial itself may last anywhere from a week to a few weeks, depending on the circumstances. Cases with simpler facts and strong evidence often take less time to complete. However, a more complicated case with a lot of circumstantial evidence that must be pieced together is likely to take longer to resolve.
Get Help Now From Our Bensalem Homicide Lawyers
Receive a private, free case assessment by calling the Liberty Law Team at (215) 826-3314 and talking to our homicide attorneys.