Philadelphia Manslaughter Defense Lawyers

The unlawful killing of another human being is quite possibly the most serious criminal offense a person can commit. However, not every unlawful killing is considered murder.

Murder involves the intentional and sometimes premeditated killing of the victim. In cases where the killing was not intentional but rather the result of intense provocation or reckless behavior, you could instead be charged with manslaughter. Manslaughter can sound very similar to murder. It is not uncommon for defendants to be charged with murder at first and later have their charges reduced to manslaughter.

Call our manslaughter defense lawyers with The Liberty Law Team at (215) 826-3314 to start your case with a free, confidential legal review.

Voluntary Manslaughter Charges in Philadelphia

In Pennsylvania, a defendant may be charged with two forms of manslaughter: voluntary and involuntary. While both are serious criminal charges, voluntary manslaughter tends to be perceived as more severe, as it requires an intent to kill.

Sudden Provocation or “Heat of Passion”

Voluntary manslaughter involves killing another person without any legal justification due to sudden and very intense provocation. People sometimes refer to this charge as a killing “in the heat of passion.”

The sudden provocation must be so intense that any reasonable person might lose control. However, if there was sufficient time for the defendant to calm down before committing the crime, it may instead be charged as murder.

The line between voluntary manslaughter and murder is incredibly thin. In many cases, defendants are charged first with murder, and their charges may be reduced later based on the evidence or as part of a plea bargain.

Mistaken Beliefs and Justification

Voluntary manslaughter is also charged when a person commits a killing under the mistaken belief that a legal justification protected them.

A legal justification would be things like killing in self-defense. For example, if you shoot and kill someone because you believe they are about to pull a gun on you, but it turns out they never had a gun, your self-defense justification would be mistaken, and you could be charged with voluntary manslaughter.

The key here is that your belief that your actions are justified must not just be mistaken, but also unreasonable. For example, if someone points a very realistic fake gun at you as a “joke,” and you use deadly force to protect yourself, your belief that your actions were justified may be mistaken, but not necessarily unreasonable. If the fake gun was clearly a plastic toy, then your belief may be considered unreasonable, and you could be charged.

Grading of Charges for Voluntary Manslaughter

Voluntary manslaughter may be charged as a first-degree felony. This is different than first-degree murder, which is punished differently from other felonies.

Remember, the line between murder and voluntary manslaughter is thin, and our manslaughter defense lawyers may help you prevent your charges from being upgraded to murder.

Involuntary Manslaughter Charges

Involuntary manslaughter in Philadelphia is an unintentional killing. The fact that someone did not intend to kill does not mean they cannot be criminally charged.

Accidental Killings

Involuntary manslaughter may be charged when a defendant accidentally kills someone as a result of their reckless or grossly negligent behavior. The negligent or reckless behavior may be a lawful or unlawful act, but the act must be the direct cause of the victim’s death.

An accidental killing from a car accident is not usually charged as involuntary manslaughter since there is a separate vehicular homicide statute.

Killing Based on Recklessness or Gross Negligence

Even if you did not mean to cause harm, you may still be charged with involuntary manslaughter if the alleged killing is the result of your supposed reckless behavior or gross negligence.

A reckless act is one in which the actor is aware that their actions pose a risk of injury or death and chooses to proceed anyway. A negligent act is one in which the actor is unaware of the risk of injury or death, but the risk is so significant that they reasonably should have been aware.

Grading of Charges for Voluntary Manslaughter

Involuntary manslaughter may be charged as a first-degree misdemeanor, which is far less severe than a felony charge.

However, if the victim was younger than 12 and the defendant had custody or control over the victim (e.g., a parent or guardian), then the charges may be a second-degree felony.

Penalties for Manslaughter in Philadelphia

While penalties for manslaughter charges are usually somewhat less severe than those for murder charges, they are still significant, and serious time in prison may be on the line.

Penalties for Voluntary Manslaughter

Voluntary manslaughter is often charged as a first-degree felony. First-degree felonies are the highest level of felony. According to Pennsylvania criminal statutes, a first-degree felony may be punished by a prison term of up to 20 years.

Penalties for Involuntary Manslaughter

Involuntary manslaughter may be charged as a first-degree misdemeanor, the most serious misdemeanor charge possible.

According to Pennsylvania law, a first-degree misdemeanor may result in up to 5 years behind bars. However, if your charges are upgraded to a second-degree felony, as mentioned above, you may face imprisonment of up to 10 years.

How Manslaughter is Different from Murder in Philadelphia

Murder and manslaughter in Pennsylvania both involve the unlawful killing of another person. However, the circumstances surrounding each crime are somewhat different. It can be hard to tell the difference between the two crimes, as many manslaughter cases resemble murder.

Murder as an Intentional Killing

Murder is an intentional killing and may be charged as murder in the first, second, or third degree. A first-degree murder typically involves premeditation or a plan in advance to do the killing.

Second-degree murder is typically committed during another felony, like a bank robbery. Third-degree murder is any murder that does not fit in the other two categories.

The Level of Intent in Manslaughter Cases

Manslaughter is similar to murder but usually has a different level of intent on the defendant’s part. Manslaughter can be unintentional and caused by reckless behavior rather than purposeful intent.

Even if the killing is intentional, manslaughter does not involve premeditation, and the intent may arise from provocation or a mistaken justification.

FAQs About Manslaughter Charges in Philadelphia

Can You Be Sentenced to Jail for Manslaughter?

Yes. Voluntary manslaughter may be charged as a first-degree felony and it carries a maximum penalty of 20 years in prison.

Involuntary manslaughter may be charged as a first-degree misdemeanor and penalized by a jail term of up to 5 years. If the alleged victim is younger than 12 and in the care or custody of the defendant, they may be charged with a second-degree felony and sentenced to up to 10 years in prison.

How is Voluntary Manslaughter Different from Involuntary Manslaughter?

Voluntary manslaughter requires an intent to cause the killing, while involuntary manslaughter is unintentional or accidental. Since involuntary manslaughter lacks an intent to kill, defendants often face comparatively lighter sentences.

Is Manslaughter the Same as Murder?

No. While manslaughter and murder are both homicide offenses, they are significantly different in how they may be committed.

Manslaughter may involve accidental killings, or intentional killings based on unreasonable, mistaken beliefs about justification. Most forms of murder involve an intent to kill that is not based on an unreasonable or mistaken belief regarding justifications or self-defense.

How Do You Fight Manslaughter Charges?

You may fight manslaughter charges by analyzing the intent alleged by prosecutors. For voluntary manslaughter, prosecutors must prove you intended to commit the killing and did so under a mistaken, unreasonable belief that your actions were justified. Involuntary manslaughter may be accidental and based on reckless behavior or gross negligence.

We may challenge the claims of intent by prosecutors. If they cannot prove you intended to kill anyone, you should not be convicted of voluntary manslaughter. Similarly, if prosectors cannot establish that your behavior was reckless or constituted gross negligence, you should not be convicted of involuntary manslaughter.

What Should You Do if You Are Arrested for Manslaughter?

If you are arrested for manslaughter, stay calm and demand to call a lawyer as soon as possible. The police will take into custody, take your photo and fingerprints, and question you about the alleged crime.

Once questions about the crime begin, invoke your rights to remain silent and to have a lawyer present during questioning. Invoke these rights clearly and directly.

Can You Be Charged with Manslaughter if You Did Not Mean to Kill Someone?

Yes. Involuntary manslaughter generally involved accidental killings where defendants did not mean to hurt anyone. Such charges are often based on the defendant’s allegedly reckless behavior or acts of gross negligence.

Contact Our Philadelphia Manslaughter Defense Lawyers

Begin with a free, private legal assessment from our manslaughter defense lawyers at The Liberty Law Team by calling (215) 826-3314.