For many years in Pennsylvania, a defendant convicted of felony murder could be sentenced to life in prison without the possibility of parole. The Pennsylvania Supreme Court ruled on March 26, 2026, that such a sentence for felony murder violates the Constitution of the Commonwealth of Pennsylvania.

In the landmark case of Commonwealth v. Derek Lee, the Pennsylvania Supreme Court determined that imposing a sentence of life without parole for those convicted of felony murder is unconstitutional, as it violates the state’s constitutional ban on cruel and unusual punishment. Felony murder involves a killing committed while the defendant is committing another felony, and it often does not require an intent to kill. The court reasons that such diminished culpability should not result in such a severe penalty. This ruling only applies to felony murder, not all murders.

If your loved one is incarcerated for felony murder, call our Philadelphia criminal defense lawyers with the Liberty Law Team at (215) 826-3314 for a free legal review.

How The Pennsylvania Supreme Court Changed Sentencing for Felony Murder

On March 26, 2026, the Pennsylvania Supreme Court decided that a sentence of life in prison without the possibility of parole for felony murder violates the state’s constitution. As a result, over a thousand convicted defendants currently incarcerated for felony murder might be able to have their sentences adjusted.

Commonwealth v. Derek Lee

The case of Commonwealth v. Derek Lee stems from a 2014 incident in Pittsburgh. Derek Lee and an accomplice entered a home to commit burglary. The home’s residents, a couple, were forced into the basement by the accomplice while Lee went upstairs to look for valuables.

Unfortunately, one of the home’s residents, Leonard Butler, attempted to wrestle a gun from the accomplice, and the gun went off, killing Butler. Lee was not in the room when the gun was fired.

Lee was ultimately convicted of felony murder and sentenced to life without parole. He and his legal team filed an appeal under Pennsylvania’s Post Conviction Relief Act, arguing that removing the possibility of parole from his sentence violates the U.S. and Pennsylvania Constitutions and should be considered a cruel or unusual punishment.

Is Life Without Parole Illegal?

While the imposition of life without parole is not categorically illegal now, it is illegal for felony murder cases if the court did not consider their degree of culpability.

The court reasoned that life without parole is an extreme penalty, and to impose it on all defendants convicted of felony murder is unconstitutional. Many such defendants did not have any intent to kill, and by definition did not actually kill anyone. As with the Lee case, an accomplice may have pulled the trigger, but all parties involved may be charged with felony murder.

Can Previously Convicted Offenders Change Their Sentence?

This leaves the door open for many defendants convicted in Pennsylvania of felony murder to have their sentences reevaluated. Considering that this is a major change in how felony murder is sentenced, the court has stayed its mandate for 120 days to allow lawmakers and attorneys time to take appropriate action.

Does a Life Sentence Without Parole Violate the Eighth Amendment of the U.S. Constitution?

The court determined that a sentence of life without parole for felony murder does not violate the federal constitution’s protections against cruel and unusual punishment. However, this does not mean that the Commonwealth of Pennsylvania cannot offer greater protections.

More Limited Protections

In Lee, the Pennsylvania Supreme Court evaluated arguments that life without parole for all felony murder defendants violates the federal constitution’s protections against cruel and unusual punishment. The court ultimately determined that there is no violation, as the protections provided by the Eighth Amendment are more limited.

Different Backgrounds

Specifically, the court noted that the United States Supreme Court has held that imposing the death penalty for defendants with diminished culpability and sentencing juveniles to life without parole are both unconstitutional. However, the case law and analyses that led to these conclusions do not apply to sentencing adult defendants with diminished culpability to life without parole, and these situations are legally distinguishable.

Why Life Without Parole May Still Be Unconstitutional

Even so, life without parole may still be unconstitutional in Pennsylvania because of the state’s constitution, which may provide protection equal to or greater than the U.S. Constitution. As such, the court deemed life without parole for all felony murder defendants to be a violation of the state constitution.

How the Pennsylvania Constitution Affects Life Sentences Without Parole

Each state has its own constitution that may offer greater, but not fewer, protections than the federal constitution. As a result, while life without parole for all felony murder cases does not violate the U.S. Constitution, it does violate the Pennsylvania Constitution.

Life Without Parole is Unconstitutional

The Pennsylvania Supreme Court has ruled that life without parole is an unconstitutionally excessive penalty as applied to a category of offenders. Under Pennsylvania statutes, all defendants convicted of felony murder must face life without parole, with no regard given for some defendants’ diminished culpability.

Defendants convicted of felony murder categorically may have diminished culpability because they do not necessarily intend to commit the murder or cause it to happen, but they can still be punished for committing a felony that caused someone to die in its commission.

Need for Individual Assessment of Defendants

This case specifically deals with a defendant who was convicted of felony murder even though he himself did not pull the trigger that ultimately killed the victim. Rather, his partner pulled the trigger while he was in another room.

The court points out that if life without parole is to be imposed, there must be some legal process designed to determine each individual defendant’s level of culpability. As it stands now, the law provides no such process.

Can Someone Sentenced to Life Without Parole Change Their Sentence in Pennsylvania?

Although this is a brand new court ruling, and the legal implications are still unclear, it may be possible in the very near future for currently incarcerated defendants to have their sentences reevaluated.

Changes in Sentencing for Felony Murder

Since the Pennsylvania Supreme Court has determined that the categorical imposition of life without parole for all felony murder defendants is a violation of the state constitution, those already convicted and serving life sentences without the possibility of parole could have their cases reexamined.

Remember, the court has stayed its mandate for the next 120 days, giving lawmakers time to figure out what to do. Now is the time to contact an attorney and ask about reopening your case.

What Are the Facts of Your Case?

We should consider the specific facts of your felony murder charges. The court emphasized that not all felony murder defendants have the same degree of culpability. Many convicted defendants did not intend to kill, and typically they did not actually kill anyone. Instead, an accomplice to the crime committed the killing.

If this sounds very similar to your case, call a lawyer as soon as possible.

Ask Our Criminal Defense Lawyers About Your Case Now

If your loved one is incarcerated for felony murder, call our Bucks County, PA criminal defense lawyers with the Liberty Law Team at (215) 826-3314 for a free legal review.