Murder and manslaughter both involve homicide, but they are vastly different, and defense strategies for each will vary based on your specific circumstances.
Murder and manslaughter charges differ immensely in the alleged intent required to commit the crimes. While first-degree murder requires premeditated intent to commit the crime, involuntary manslaughter requires only recklessness or negligence. In addition, murder and manslaughter charges are graded differently depending on the circumstances. As such, your specific charges and potential penalties will be unique.
Call our murder and manslaughter defense attorneys at the Liberty Law Team at (215) 709-7431 for a free, private legal review right away.
How Can Someone Be Charged with Murder?
Murder charges are classified as murder in the first, second, or third degree. Your specific circumstances and the alleged facts of the case will determine your specific charges.
Murder in the First Degree
Murder in the first degree is one of the most severe charges a defendant could be charged with. It applies when a defendant is accused of committing an intentional killing. The intention to kill is crucial. If you did not intend to kill, you should not be charged with murder in the first degree.
Murder in the Second Degree
Murder in the second degree is sometimes referred to as “felony murder.” It may be charged when someone is accused of committing a killing while engaged in the commission of a felony. Both the principal and accomplices may be charged. You do not have to intend the killing to be charged with murder in the second degree.
Murder in the Third Degree
All other murder charges that do not fall under the above categories may be charged as murder in the third degree. Even though this is the lowest grading for murder charges, it is still classified as a first-degree felony.
What is Voluntary Manslaughter in Bristol, PA?
Voluntary manslaughter involves a killing without lawful justification while acting under a sudden and intense passion resulting from provocation. Such provocation must come from either the person killed or another person whom the defendant meant to kill but negligently caused the death of the victim.
Alternatively, a person may be charged with voluntary manslaughter if they knowingly or intentionally killed someone while under the mistaken belief that their actions are legally justified. For example, the defendant might have believed they were acting in self-defense, but they were mistaken, and the victim posed no threat.
What is Involuntary Manslaughter?
Unlike murder or voluntary manslaughter, involuntary manslaughter does not require an intent to kill. Instead, defendants may be charged if they cause the death of another by committing a wrongful act in a grossly negligent or reckless manner or a lawful act in a grossly neglect or reckless manner.
A common example of involuntary manslaughter involves fatal accidents caused by driving drunk or under the influence of drugs.
How Long Can You Go to Prison for Murder?
If convicted, a defendant may spend decades or even life behind bars. Murder charges are sentenced separately from other felonies, and they tend to carry harsher penalties.
If a defendant is convicted of third-degree murder, they face up to 40 years in prison. A conviction for second-degree murder may result in a life sentence. Finally, if a defendant is convicted of first-degree murder, they will be sentenced either to death or to life in prison.
Can You Receive the Death Penalty for Murder or Manslaughter in Bristol, PA?
Currently, the only crime punishable by death in Pennsylvania is first-degree murder.
Prosecutors have full legal discretion over whether to pursue the death penalty in a first-degree murder case. Usually, the death penalty is reserved only for the most severe, shocking, or heinous cases. If prosecutors choose not to pursue the death penalty, the defendant will instead face life in prison.
Even so, there has been a moratorium on carrying out the death penalty in Pennsylvania since 2015, and multiple bills to abolish the death penalty in the state have been proposed.
Possible Prison Terms for Manslaughter Charges
Voluntary manslaughter is classified as a first-degree felony. If convicted, a defendant may face up to 20 years in prison.
Involuntary manslaughter is typically charged as a first-degree misdemeanor and is punishable by up to 5 years in jail. However, if the alleged victim is under 12 years old and in the custody or care of the defendant at the time of the killing, the defendant may be charged with a second-degree felony punishable by up to 10 years in prison.
Can a Murder Defendant Receive Bail?
Under Pennsylvania law, bail is categorically unavailable for defendants charged with capital offenses or offenses carrying a maximum sentence of life imprisonment. This means that defendants charged with first- or second-degree murder may not be granted bail, but those facing third-degree murder charges could be released on bail.
Can You Get Bail if You Are Charged with Manslaughter?
Yes. Since voluntary and involuntary manslaughter are not capital offenses, nor are they punishable by life in prison, defendants are eligible for bail. Even so, bail is not guaranteed in all cases. If a defendant has a particularly lengthy criminal history or the judge believes they are a flight risk or a threat to the community, the judge may deny bail.
Undermining Alleged Criminal Intent in a Murder or Manslaughter Case
First-degree murder requires premeditation, while second- and third-degree murder do not. If you are charged with first-degree murder, our murder and manslaughter defense lawyers may argue that you lacked the intent to commit the killing, and prosecutors may reduce charges.
Similarly, voluntary manslaughter requires an intent to kill under the mistaken belief that your actions are justified. Involuntary manslaughter usually stems from accidents. Arguing over intent may help us reduce your charges.
Can You be Charged with Murder or Manslaughter if You Were Defending Yourself?
You may be charged, but we can argue that you acted in self-defense. If successful, a self-defense argument may negate criminal liability, and you should not be found guilty.
Under Pennsylvania law, your actions may be justifiable if you genuinely believed that your actions were necessary to avoid harm. The harm sought to be avoided must be greater than the harm sought to be prevented by the law under which you are charged.
Highlighting Mitigating Factors in Your Murder or Manslaughter Defense
Mitigating factors are details about the case that add context that makes your actions more understandable. Common mitigating factors include, but are not limited to…
- Acting under extreme disturbance
- Acting under duress
- Coercion
- The alleged victim’s abusive history
- Impaired mental capacity
- Troubled childhood or background
- Lack of a criminal history
How Long Do Murder or Manslaughter Trials Usually Last?
A criminal trial for murder may take several weeks. However, it often takes close to a year for a case to come to trial after prosecutors press murder charges. Manslaughter cases may move somewhat faster, but the trial itself may still take several weeks to complete. When it comes to homicide offenses, the judicial system prefers to take its time.
Discuss Your Case with Our Murder and Manslaughter Defense Attorneys in Bristol, PA
Call our murder and manslaughter defense attorneys at the Liberty Law Team at (215) 709-7431 for a free, private legal review right away.
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