First, Second, and Third Degree Murder: What’s The Difference?
Anyone convicted of murder in Pennsylvania will face one of three levels of charges. First degree is the most severe. All three carry serious penalties.
If you’re facing a murder charge in Pennsylvania, the LLF Law Firm Criminal Defense Team can help. We work with individuals charged with federal and Pennsylvania state crimes. Call us at 888-535-3686 or fill out our online form.
Criminal Homicide
In Pennsylvania, criminal homicide refers to one person intentionally, knowingly, recklessly, or negligently causing the death of another person. It covers murder and manslaughter.
Manslaughter can be either voluntary or involuntary and results in less severe punishments compared to murder. Someone may be initially charged with murder but have the charges reduced to manslaughter. In other cases, prosecutors may agree to a plea deal where a person agrees to lesser charges, such as manslaughter, instead of going to trial.
Murder is more severe than manslaughter. It also has different degrees of severity.
While this article focuses on the law in Pennsylvania, the LLF Law Firm Criminal Defense Team can also represent individuals charged with murder under federal law.
Murder in the First Degree
Murder in the first degree is the most serious murder charge. A criminal homicide falls under the category of murder in the first degree when someone commits an intentional killing. Pennsylvania defines intentional killing as:
- Use of poison
- Lying in wait
- Any other kind of willful, deliberate, and premeditated killing.
In Pennsylvania, a conviction of murder of the first degree results in at least life in prison without the possibility of parole. Individuals may also be sentenced to the death penalty or forced to pay up to $50,000.
Murder in the Second Degree
A criminal homicide is murder of the second degree when an individual commits it while engaged as a principal or an accomplice in the perpetration of a felony. Perpetration of a felony means that the individual, at the time of the murder, was either engaged in or an accomplice to the commission of an attempt to commit robbery, rape, arson, burglary, or kidnapping. Any homicides that occur when fleeing the scene also fall under this definition.
In law, Pennsylvania’s murder of the second degree is often referred to as felony murder. This refers to someone dying while someone is committing, or attempting to commit another felony. With felony murder, the other facts of the case are secondary to whether a felony was being committed or attempted.
For example, a criminal homicide may otherwise meet the definition of involuntary manslaughter. It occurred during a robbery, however, meaning it automatically becomes murder of the second degree. In other words, in trials for murder of the second degree, the only question is whether the defendant was committing or trying to commit a different felony-level crime when the death occurred.
Anyone convicted of murder in the second degree faces up to life in prison without the possibility of parole and a $50,000 fine.
Murder in the Third Degree
When a criminal homicide doesn’t meet the requirements of murder of the first or second degree but is more serious than manslaughter, it will be considered murder of the third degree. Murder in the third degree is a felony of the first degree.
The maximum sentence for murder of the third degree is up to 40 years in prison and a $50,000 fine.
Protect Your Future
A murder conviction can permanently affect your life. Even if you aren’t facing life in prison, you can still face hefty penalties.
A murder charge isn’t a conviction. You can plead to lesser charges or build evidence to show extenuating circumstances or that you didn’t commit the crime. The LLF Law Firm Criminal Defense Team helps our clients build evidence-based cases to defend their futures.
If you’ve been charged with murder in Pennsylvania, contact the LLF Law Firm Criminal Defense Team. Call us at 888-535-3686 or fill out our online form.