Pennsylvania Murder (Homicide) Laws

The Top 10 Things NOT To Do If You're Arrested

There is no more serious crime in the state of Pennsylvania than Homicide or Murder. It is impossible to answer every question about a murder charge as there are so many different circumstances and every case is different. Is this a case involving:

  • a justified killing in self-defense?
  • a justified killing in defense of another?
  • of diminished capacity?
  • of intoxication?
  • mistaken, but reasonable, belief in justification?
  • “some other guy did it”?
  • an accidental killing?
  • a natural death ruled as a homicide?
  • a missing body murder case?

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.

What is Murder?

The statute for Murder is Title 18 Pa.C.S.A. Crimes and Offenses § 2502. Under the statute, there are three classifications for murder:

  1. Murder of the first degree.–A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing. It requires premeditation and malice.
  2. Murder of the second degree.–A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
  3. Third degree murder.–All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.
  4. Definitions.–As used in this section the following words and phrases shall have the meanings given to them in this subsection:

“Intentional killing.”  Killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated killing.
“Perpetration of a felony.” The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.
“Principal.” A person who is the actor or perpetrator of the crime.

Free Guide to Self-Defense in PA

We here at the McShane Firm have tried dozens of homicide cases. We have defended many death penalty cases. You need an attorney that is ready, willing and able to answer the tough questions. That’s us. This is not the time for anything other than being fully committed and 100% aggressive. With our knowledge, training and experience, we are prepared and ready to fight for you.

What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

Maximum Penalties and Jail times for Murder in PA

There are many degrees of criminal homicide in Pennsylvania, each carrying with them different penalties. The stakes are extremely high so contacting the experienced attorney’s here at The McShane Firm should be your top priority.

  Grading Maximum Sentence Mandatory Minimum Sentence Maximum Fine
Murder of the First Degree Murder of the First Degree Life without the possibility of parole/ Death Penalty Life without the possibility of parole $50,000
Murder of the Second Degree Murder of the Second Degree Life without the possibility of parole Life without the possibility of parole $50,000
Murder of the Third Degree Felony 1 40 years _ $50,000
Voluntary Manslaughter Felony 1 20 years _ $25,000
Involuntary Manslaughter Misdemeanor 1 5 years _ $5,000

If you or a loved one has been charged with murder, you need a strong attorney to fight for you. It might save your life. Call us at (717) 657-3900 today for a free, detailed consultation.  

According to the Administrative Office of Pennsylvania Courts in 2017, there were 25,878 offenses committed against a person. These are mostly assault and related offenses.

The Most Dangerous
Counties

When measured by the number of assault offenses per 1,000 people, the counties that
had the most offenses were:

Counties with the Highest Rate of Assault Offenses

Different Types of
Assault Charges

Type of Offense PA Statute Description Penalty Range
Simple Assault 18 § 2701 Attempting to cause or intentionally, knowingly or recklessly causes bodily injury to another.
  • Up to 2 years imprisonment and $5,000 in fines
  • For fighting by mutual consent, up to 1 year imprisonment and $2,000 in fines
  • If against a minor under 12 by and adult, then up to 5 years imprisonment and $10,000 in fines
Aggravated Assault 18 § 2702 Attempting to cause serious bodily injury to another. There are many other aggravating factors such as assaulting a law enforcement officer, school teacher or employee.
  • If graded as a Felony of the First Degree then up to 20 years imprisonment and $25,000 in fines
  • If graded as a Felony of the Second Degree then up to 10 years imprisonment and $25,000 in fines
Involuntary Manslaughter 18 § 2504 A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.
  • Up to 5 years imprisonment and $10,000 in fines
  • If the victim is under 12 years of age and is in the care or custody the person who caused the death then up to 10 years imprisonment and $25,000 in fines
Voluntary Manslaughter 18 § 2503 A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation.
  • Up to 20 years imprisonment and $25,000 in fines
Murder 18 § 2502 A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
  • If graded as a Murder of the Third Degree then up to 40 years imprisonment and $25,000 in fines
  • If graded as a Murder of the Second Degree then Mandatory life imprisonment
  • If graded as a Murder of the First Degree then Mandatory Death or Mandatory life imprisonment

An Assault Conviction can Shatter your Life

Beyond the penalties in court, an assault conviction can ruin your life in many ways.

  • 1 An assault conviction will stay on your criminal record forever. Future employers, friends, even someone you ask out to dinner can easily use common apps to see your assault conviction.
  • 2 Depending on the nature and severity of the crime, you can lose your professional license. This affects people from many professions such as doctors, lawyers, massage therapists and even barbers.
  • 3 Many companies have policies not to hire someone who has been convicted of a violent crime.
  • 4 If your conviction is a sexual offense, you may have to register as a sex offender which may make it difficult to find a place to live.

Our Clients Love us!

You will too!

“ This is the attorney you want for your criminal case. Professional, knowledgeable and calm when faced with the most difficult situations. Was so very pleased with the knowledge he gave the family to keep us calm and informed. Wonderful attorney. ”

“ You have always been honest, that is so important. Also your hard work – you never leave loose ends. You know your job and do it at the highest level. You are all
winners. Thank you for giving your all! ”

“ Plain and simple, it was awesome. You guys kick butt. All the money that was paid was worth every penny. I will never forget you all. Thanks for all your help. ”

“ Justin, I believe, is the best bar none. Not only just in the courtroom but also for just being a great guy. I’ve always been told not to trust an attorney but Justin
I trust along with the whole firm. ”

For more information please call: 1-866-MCSHANE or visit TheMcShaneFirm.com

3601 Vartan Way, 2nd Floor, Harrisburg, PA 17110


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