While being accused of any crime is a stressful and upsetting ordeal, few charges could be more panic-inducing than those pertaining to murder. However, an experienced attorney may be able to have the charges — and in turn, their respective penalties — significantly reduced.

There are several viable defenses to murder charges that our lawyers can use to undermine the prosecution’s case in Pennsylvania. For example, criminal defendants may argue they were acting in self-defense or defense of others, making it a justifiable homicide. Providing an alibi and exposing the lack of physical evidence against you might also help you avoid prison and other reputational consequences. Our attorneys can help defendants facing various charges of criminal homicide, including murder, voluntary manslaughter, and involuntary manslaughter.

Call Liberty Law Team’s Pennsylvania criminal defense attorneys today at (215) 826-3314 for a free case analysis.

Possible Defenses Against Murder and Homicide Charges in Pennsylvania

First and foremost, defendants should bear in mind they are not required to prove anything in court. The “burden of proof” instead falls upon the prosecuting attorney, who must establish the defendant’s guilt “beyond a reasonable doubt” as it pertains to all elements of the case. That being said, the Philadelphia manslaughter defense lawyer handling the case may be able to introduce evidence to reduce the charges or beat them. This is particularly critical where younger defendants are concerned, as the difference between manslaughter and murder can be decades in prison.

Acting in Self-Defense

18 Pa.C.S. § 505(a) gives you the right to use justifiable force against another person to protect yourself from harm. This makes acting in self-defense a viable defense in court when facing murder charges in Pennsylvania.

Furthermore, depending on the circumstances of the alleged offense, Pennsylvania’s Stand Your Ground laws may come into play. In accordance with § 505(b)(2.3), you do not have to retreat and can stand your ground and use force, potentially deadly, if you believe doing so is necessary to protect yourself from death or other harms, like serious bodily injury. This is predicated on whether or not you were trespassing (i.e., “has a right to be in the place where he was attacked”) and whether the attacker used or displayed a weapon.

To prove you were acting in self-defense, our lawyers may introduce medical evidence showing your injuries and defensive wounds, physical evidence from the scene that may indicate a struggle or altercation, as well as forensic results and expert witness statements.

Acting in Defense of Others

According to § 506, Pennsylvania allows you to use the same degree of force you would use to protect yourself from harm to protect others. Acting in defense of others may lead to a justifiable homicide, which our lawyers may prove using statements from eyewitnesses present during the event. Arguing you were acting in defense of others might lead to a conviction for a lesser charge than you anticipated, mitigating the consequences you face in Pennsylvania.

Lack of Intent

Murder charges in Pennsylvania are primarily distinguished by the defendant’s intent. For example, unlike murder, voluntary manslaughter involves provocation and a sudden, intense, impassioned response. While each case must be evaluated individually, “sudden and intense passion” involves an immediate reaction, as opposed to calculated premeditation. Because sudden and intense passion does not entail advanced planning, our Pennsylvania criminal defense attorneys may be able to build a robust case around this distinction by presenting evidence of intent — or lack thereof — and cross-examining witnesses.

Mistaken Identity

If you have an alibi for the alleged offense, tell our lawyers immediately. Confirming your alibi and that you were not present during the crime, as well as a lack of physical evidence placing you at the scene, can help you overcome serious charges in Pennsylvania for murder. Being a victim of mistaken identity could derail your life if charged with homicide, which our lawyers can help avoid.

Defending Specific Murder and Homicide Charges in Pennsylvania

Murder charges differ from other criminal homicide charges for voluntary manslaughter or involuntary manslaughter. The degree of charge you face will dictate the potential sentence you are given if convicted. The charge will also dictate what the prosecution must prove, which will indicate to our lawyers how to best prepare your defense. For example, murder involves intentional killing, whereas involuntary manslaughter involves causing another person’s death by acting in a “reckless or grossly negligent manner.”

Murder

There are three classifications of murder charges in Pennsylvania: first, second, and third-degree. For example, murder in the second degree specifically involves committing criminal homicide while committing (or being an accomplice to) another felony, such as burglary, according to § 2502(b). If a killing is intentional or premeditated, it will be charged as murder in the first degree, while all other murders will be charged in the third degree. The process might be even more complicated if you were charged with being an accomplice to murder, so do not delay retaining or speaking to our Philadelphia defense attorneys for accomplice charges if that is the case.

Getting murder charges reduced or promptly identifying viable defenses is crucial, as a conviction for a first or second-degree charge could lead to life imprisonment.

Voluntary Manslaughter

Voluntary manslaughter is often referred to as a crime of passion. That is because, under § 2503(a), someone commits voluntary manslaughter when they kill another person without any lawful justification after being provoked in some way, whether by the victim or another actor. Voluntary manslaughter is typically charged as a first-degree felony in Pennsylvania, even if the defendant did not intend to kill the victim. Showing that you were only responding to an attack instigated by the other party could help us prove self-defense in your case.

Involuntary Manslaughter

According to § 2504(a), someone is guilty of involuntary manslaughter if they kill someone through their own unlawful recklessness or gross negligence. For example, involuntary negligence charges might arise from fatal car accidents due to drunk or reckless driving in Pennsylvania. Involuntary manslaughter is generally considered a first-degree misdemeanor, unless the victim is younger than 12 and was in the defendant’s care, in which case it becomes a second-degree felony. Getting charges reduced to involuntary manslaughter might benefit some criminal defendants, as sentences might range from two to five years and include slight fines.

Other Charges

While less commonly charged due to their highly specific natures, related offenses include causing or aiding suicide, drug delivery resulting in death, and criminal homicide of a law enforcement officer, which our lawyers can also defend you against in Pennsylvania.

Defending Murder Charges Against the Death Penalty in Pennsylvania

According to § 1102(a)(1), the sentence for murder in the first degree is death or life imprisonment. With your life on the line, prioritizing your defense against first-degree murder charges in Pennsylvania is paramount.

Fortunately, Pennsylvania is still observing the previous governor’s temporary moratorium on capital punishment that has been in place since 2015. That said, there are no guarantees this moratorium will last indefinitely. Some attorneys have recently challenged the Constitutionality of the moratorium, bringing its longevity into question. However, even without the protections afforded by the moratorium, the use of the death penalty in Pennsylvania is uncommon.

Even though Pennsylvania has the third highest number of executions in the U.S., this statistic is somewhat misleading as the vast majority of executions took place decades or even centuries ago. A total of three individuals, all of whom elected to waived the right to appeal, have been executed in Pennsylvania since 1976.

Call Our Pennsylvania Lawyers for Help with Your Criminal Case

Get a free case review from our Pennsylvania criminal defense attorneys by calling Liberty Law Team today at (215) 826-3314.