Homicide

How serious it is to be accused of ending a human life should come as no surprise. This crime is so serious that the offender can potentially lose their own life. While an execution hasn’t been carried out since 1999, Pennsylvania remains a state that still allows for the death penalty.

Knowing this, the severity of a homicide charge cannot be overstated. Even if you do not face the death penalty, a conviction can result in lengthy imprisonment, substantial fines, a permanent criminal record, and more, dramatically impacting your personal and professional life.

Given the threatening gravity of such charges, you should immediately contact a skilled criminal defense attorney as soon as possible. The attorneys at Lermitte & Lubin, LLC have the experience you need.

The Different Types of Homicide

In Pennsylvania, the term “homicide” is used to describe a broad category of offenses involving the unlawful killing of another person. The state’s Penal Code classifies homicides into various types based on factors such as the accused’s perceived intent, circumstances of the crime, and their degree of malice, including:

1. First-degree murder: This is considered the most serious form of homicide. It involves an intentional killing, where you are being accused of deliberately and consciously causing the death of another person.
2. Second-degree murder: Also known as felony murder, this type of homicide occurs when a death results from the commission of a certain type of felony, even if you did not intend to kill. For example, if you commit a robbery or a burglary and accidentally cause someone’s death in the process, this is considered murder in the second degree.
3. Third-degree murder: This is a catch-all category for all other kinds of murders that do not fit into the first two categories, but are not considered manslaughter. It doesn’t involve a specific intent to kill but does involve malice, or a “hardened heart”.
4. Voluntary Manslaughter: This refers to instances where you intentionally caused the death of another person, but did so in the heat of passion or under extreme emotional disturbance. The key distinction from first-degree murder is that the act was not premeditated.
5. Involuntary Manslaughter: This type of homicide occurs when the death of another person is the result of reckless or grossly negligent behavior. Unlike voluntary manslaughter and murder charges, it does not involve an intent to kill. Common examples of this include killing someone in a car accident you caused.

Common Defenses for Homicide

When charged with homicide, several defenses can potentially be used depending on the circumstances of the case, including:

1. Self-Defense: This previously mentioned defense is perhaps the most common defense used in homicide cases. The defendant must show that it was reasonable for them to believe that their life was in danger and that deadly force was necessary to prevent themselves from coming to harm.
2. Defense of Others: Similar to self-defense, this defense claims that the defendant acted to protect another person from imminent harm or death.
3. Insanity: If a defendant can prove they were legally insane at the time of the crime, they may be found not guilty by reason of insanity. The specific requirements for this defense vary by jurisdiction. The legal definition of insanity in Pennsylvania is that “at the time of the commission of the offense, the actor was laboring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing or, if the actor did know the quality of the act, that he did not know that what he was doing was wrong.”
4. Accidental Killing: If a defendant can prove that the death was accidental and occurred during a lawful activity while taking proper precautions, they may be acquitted. They may still be charged with manslaughter, so this defense is more so to lower the punishment and charges than absolve oneself of them.
5. Alibi: Providing an alibi means proving that the defendant was somewhere else when the crime occurred and, therefore could not have committed the crime. This defense can be used for many other crimes, not just homicide.
6. Mistaken Identity: In this defense, the defendant asserts that they have been wrongly identified as the perpetrator.
7. Duress: If the defendant can prove that they were forced by another person to commit the crime under threat of violence, they may be able to use duress as a defense. Be warned, even if this is proven, it’s not uncommon for you to still receive a guilty charge, but receive a significantly lower punishment for the crime.