Before defining manslaughter or murder, it is important to understand criminal homicide. Under Pennsylvania law, criminal homicide is the offense of intentionally, knowingly, recklessly, or negligently causing the death of another person. Both manslaughter and murder involve the loss of life, but there are significant differences between the offenses. If you have questions or concerns about your legal rights and options after being arrested, continue reading and consult with a knowledgeable Pottstown criminal defense lawyer at Cohen & Patel.
What is Manslaughter?
Manslaughter is the killing of a person without premeditation. There are two types of manslaughter recognized under Pennsylvania law: voluntary and involuntary. Voluntary manslaughter occurs when a person kills an individual without lawful justification while acting under a sudden and intense passion resulting from serious provocation. The killing was not planned out ahead of time. An individual could also be charged with voluntary manslaughter if they intentionally or knowingly killed someone, but at the time, they believed there were circumstances present that justified the act.
Involuntary manslaughter occurs when a person is killed as a direct result of an individual’s reckless or grossly negligent behavior and actions.
What is Murder?
Murder is typically defined as taking the life of another through purposeful actions. There are generally three degrees of murder in Pennsylvania, categorized by the following characteristics.
- First-degree murder: Criminal homicide committed by intentional killing
- Second-degree murder: Criminal homicide committed while the defendant was engaged in the perpetration of a felony
- Third-degree murder: Any other type of murder
A person can be charged with murder if the killing was premeditated, meaning planned or thought about beforehand, or if the killing occured during the commission of another felony offense.
What is the Difference Between Manslaughter and Murder in PA?
While both manslaughter and murder involve the loss of life and criminal homicide, there are many differences between the two offenses. As established, the definitions vary. Manslaughter occurs in the heat of the moment or unintentionally as a result of reckless or negligent behavior. The defendant does not go into the situation intending to end a life. Murder, on the other hand, involves malicious aforethought. The defendant is purposeful in their actions and intentionally kills the individual.
The way the crimes are charged also varies. Murder is always a felony and can be charged as first, second, or third degree. Manslaughter, however, can be charged as either a felony or a misdemeanor depending on whether it was voluntary or involuntary, among other things.
Because murder is a more serious offense than manslaughter, it is also accompanied by more severe penalties, including longer terms of imprisonment, higher fines, and more. If you’ve been arrested for a related offense in Pennsylvania, reach out to a skilled criminal defense lawyer for more information and representation.
