Under state law, Pennsylvania homicide charges are categorized into different degrees based on the circumstances and intent behind the act. The homicide classifications help determine the severity of the crime and the corresponding legal consequences.

• First-Degree Murder: First-degree murder is the most serious form of homicide, involving premeditation and deliberate intent to kill. It is often associated with planned and purposeful actions. As the most serious classification, a first-degree murder conviction is a felony and punishable by life imprisonment without parole or the death penalty.
• Second-Degree Murder: Second-degree murder involves intentional killing that occurs during the commission of a felony, such as robbery or kidnapping. Although there is no premeditation, the intent to commit a serious crime that results in death makes it a felony charge. A second-degree murder charge is a felony and punishable by a mandatory sentence of life imprisonment without parole.
• Third-Degree Murder: Third-degree murder covers all other types of murder that do not fit into the first or second degree. This classification involves malice aforethought, but lacks premeditation or the intent to commit a felony. A third-degree murder conviction is a felony and punishable by up to 40 years in prison.
• Voluntary Manslaughter: Voluntary manslaughter is when a person kills another in the heat of passion or when the person has a reasonable, but mistaken, belief that lethal force is necessary for self-defense. A voluntary manslaughter conviction is a felony and punishable by up to 20 years in prison.
• Involuntary Manslaughter: This degree involves unintentional killing resulting from reckless or negligent behavior. It is the least severe form of homicide, often associated with accidents or careless actions, and carries a lighter sentence. Involuntary manslaughter is usually charged as a misdemeanor and is punishable by up to 5 years. In some circumstances, it can be charged as a felony and is punishable by up to 10 years in these cases.

Key Differences Between Types of Homicide in Pennsylvania

First-Degree vs. Second-Degree Murder

Under Pennsylvania law, the difference between first-degree and second-degree murder is the intentional acts that occurred before the murder. First-degree murder requires evidence that the accused deliberately planned to kill the victim before doing so. In comparison, Second-degree murder is when the accused planned to commit a felony, such as a robbery, but not the murder itself. But during the felony act, the accused intentionally committed murder. For example, a man intends to steal a car and approaches a driver with a gun. During the exchange, the man decides to shoot and kill the driver to ensure the victim cannot identify him to police. This would qualify for Second-degree murder charges. (Review example – maybe mention timeline.)

Second-Degree vs. Third-Degree Murder

Second-degree murder has a distinct definition, but Third-degree murder is more of a generalized category for all other types of murder not defined in the Second-Degree or First-degree classifications.

Voluntary vs. Involuntary Manslaughter

There are a few key differences between voluntary and involuntary manslaughter. Voluntary manslaughter is if a killing was intentional, but without premeditation, where involuntary manslaughter essentially is an unfortunate outcome of reckless behavior. Voluntary Manslaughter is usually the result of a person killing someone as a reaction to their immediate surroundings, such as an intense emotional reaction or mistakenly believing their life is at risk. But, Involuntary Manslaughter occurs when someone engages in reckless or negligent behavior that results in the unintentional killing of another person, often used in situations described as an accident.

One significant difference is that Voluntary Manslaughter is a felony charge where Involuntary Manslaughter is usually a misdemeanor (though it can be a felony in some circumstances.) Because of this distinction, the maximum prison sentence for Voluntary Manslaughter is 20 years where Involuntary Manslaughter is usually 5 years.

Facing Homicide Charges in Philadelphia? You Need a Skilled Defense Attorney

Understanding these distinctions is important for comprehending the legal implications of any charges someone is facing in PA and ensuring justice is served appropriately in cases of homicide. If you or someone you love is accused of homicide in Philadelphia, it is extremely important to have adequate legal representation. A criminal defense attorney with trial experience in Philadelphia is critical to protecting the rights of the accused throughout proceedings. If you’re facing homicide charges in Philadelphia County or the surrounding areas, don’t face the system alone.

Contact John F. McCaul today for a confidential consultation and begin building your defense.