DiCindio Law LLC | September 23, 2019 | Homicide
Sentencing and Penalties For First Degree Murder
Criminal homicides in Pennsylvania involve the unlawful deaths of people and are divided into three murder offenses and two manslaughter crimes. Murder charges are found in 18 Pa.C.S. § 2502 and include first-, second-, and third-degree murder. First-degree murder is the most serious murder offense.
If you are facing first-degree murder charges or your loved one has been charged with this offense, talk to DiCindio Law for help in West Chester, Pennsylvania.
Proving first-degree murder
To be charged and convicted of a murder offense, the prosecutor must be able to prove that you acted with actual malice. Malice is proven by showing that you intended to commit the victim’s killing or that you intended to cause harm. First-degree murder requires an intentional killing, meaning that you intended to kill the victim. First-degree murder charges require the prosecutor to show that you acted with express malice.
The prosecutor must prove that you had a specific intent to cause the victim’s death. Your specific intent to murder may be shown by the state by evaluating your actions, the circumstances, and whether you used a deadly weapon.
First-degree murder vs. other homicide offenses
First-degree murder is an intentional killing that involves planning, premeditation, and deliberate acts. Second-degree murder is charged when a killing happens while the defendant is committing a different felony as a principal or an accomplice. Third-degree murder offenses include all other types of murder and involve malice.
Voluntary manslaughter is a heat of passion killing following provocation by the victim or by a third party or when a person has an unreasonable and mistaken belief that the killing is justified. Finally, involuntary manslaughter is an unintentional homicide that results from grossly negligent or reckless conduct regarding the life of the victim.
Penalties for first-degree murder in Pennsylvania
First-degree murder is the most serious murder crime in Pennsylvania. This means that it may be punished by the most severe possible punishments under the law. Prosecutors have the burden of proving the elements of first-degree murder beyond a reasonable doubt before the defendants can be convicted of this offense. To do this, the prosecutors must prove that the defendant committed an unlawful, intentional, and premeditated killing of another person.
First-degree murder is set apart from other homicide and murder offenses by the planning, deliberate acts, and premeditation by the defendant. If the killing was spontaneous or occurred after provocation during a heat of passion, it will likely be charged as a different homicide offense in Pennsylvania.
Under 18 Pa.C.S. § 1102, a person who is convicted of first-degree murder in Pennsylvania may face either life imprisonment or a death sentence. However, if the person is convicted for the first-degree murder of an unborn child, he or she will not face the death penalty but will face life in prison.
Defenses to first-degree murder charges in Pennsylvania
First-degree murder cases are complex and carry extremely high stakes. Your attorney will carefully review and analyze all of the evidence that is being held in your case to identify the best defense strategies to follow. Some of the potential defenses that might be raised include the following:
- You did not have the required mental capacity to have a specific intent to kill;
- You were voluntarily intoxicated at the time of the offense;
- You were insane at the time of the offense and could not distinguish between right and wrong;
- You were acting in self-defense;
- You had battered women’s syndrome, which caused you to kill your spouse or partner;
- The killing was accidental and you did not have criminal intent and were engaging in a lawful activity;
- You were misidentified as the killer;
- You have an alibi for the time and date of the killing; or
- You committed the killing while you were under duress.
Imposing the death penalty
If you are convicted of first-degree murder, your case will enter into the sentencing phase. During this phase, the prosecutor and the defense attorney will present arguments about the punishment that you should face. The prosecutor may present evidence of aggravating factors that support a death sentence. The defense attorney may present evidence of mitigating factors to argue against the death penalty.
Contact Our Criminal Defense Law Firm in West Chester, PA
If you are facing criminal charges and need legal help, contact the West Chester, PA criminal defense lawyers at DiCindioLaw, LLC to schedule a free initial consultation.
DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382
***This blog article is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice. By reading, you understand that there is no attorney client relationship between you and the publisher. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law, LLC for a consultation and to discuss what law is relevant to your case. ***