If you are accused of homicide, speaking with an experienced criminal defense attorney early can change the course of your case. Our law firm represents individuals facing murder charges and related criminal homicide offenses in Bucks and Montgomery Counties.
As former prosecutors and educators familiar with Pennsylvania criminal law, we understand how first-, second-, and third-degree murder cases are built and defended. Our criminal defense team approaches every case with focus and discretion, working toward the best outcome for you. Contact us today for a free consultation.
When prosecutors file a homicide charge, they are alleging that a human being was unlawfully killed. Under Pennsylvania criminal law, not every death is treated the same. The Pennsylvania Crimes Code divides criminal homicide into categories based on how the death occurred and what the accused person’s mental state was at the time.
Malice or intent: This is the most serious form of criminal homicide. It involves malice, an intentional killing, or conduct showing a reckless disregard for life. First- and second-degree murder carry mandatory life imprisonment. Third-degree murder carries a maximum penalty of 40 years.
Malice or intent: This is the most serious form of criminal homicide. It involves malice, an intentional killing, or conduct showing a reckless disregard for life. First- and second-degree murder carry mandatory life imprisonment. Third-degree murder carries a maximum penalty of 40 years.
Depending on which category your case falls under, the penalties can vary widely, which is why it is critical to speak with an experienced criminal defense attorney as soon as possible.
Our homicide defense lawyers in Bucks and Montgomery Counties can review the evidence and begin building an aggressive defense aimed at the best outcome for your case.
Murder is the most serious kind of criminal homicide under Pennsylvania law. It rests on malice, a term that means a deliberately wrongful or cruel state of mind. In practical terms, prosecutors must believe you either intended to kill or acted with such reckless disregard for life that death became inevitable. The Pennsylvania Crimes Code divides murder into three degrees, each shaped by intent, preparation, and circumstance.
A charge of first-degree murder means the prosecution is claiming that you meant to kill and made a decision to do it. The Commonwealth must show that the act was deliberate, planned, and intentional. Conviction brings a life sentence, and although the death penalty still exists in law, executions remain suspended under the current moratorium.
Examples of first-degree murder charges in Pennsylvania:
When our criminal defense team handles a first-degree murder case, we examine how the state established intent, whether confessions or witness statements were obtained properly, and if evidence meets the strict legal standards of proof. Working with an experienced criminal defense attorney early can make a decisive difference in how the prosecution’s case unfolds.
Second-degree murder arises when someone dies during another felony, like robbery, burglary, kidnapping, or arson. Even if you never planned or wanted a death to occur, Pennsylvania law treats it as murder because the death of another person happened in the course of a serious crime. Sentencing is mandatory life imprisonment without the possibility of parole.
Examples of second-degree murder charges:
Our defense attorneys focus on the precise link between the alleged felony and the death. If you were not present, unaware of what others planned, or your conduct did not cause the individual killed, the charge may not legally stand. These distinctions are often what separate a murder conviction from a case where charges are dismissed.
A third-degree murder charge captures everything outside the first two categories. It involves malice, extreme recklessness, or cruelty, but without premeditation or a connected felony. The law treats this as showing disregard for human life, punishable by up to 40 years in prison.
Examples of third-degree murder charges:
Our law firm treats such cases with precision. We analyze evidence, witness accounts and the mental state alleged to separate accident from intent. Every defense begins with the same goal: protecting your legal rights and fighting for the best outcome possible.
A manslaughter charge means the Commonwealth believes a death of another person occurred, but without the malice that defines murder.
In murder cases, prosecutors allege that you acted with an intentional killing mindset or showed extreme disregard for life. In manslaughter, the state instead claims the killing resulted from strong emotion, poor judgment, or dangerous carelessness.
The law recognizes that not every unlawful death stems from evil intent. Under the Pennsylvania Crimes Code, manslaughter is divided into voluntary and involuntary categories, each shaped by the accused person’s mental state and the surrounding circumstances.
Voluntary manslaughter is sometimes called a “heat of passion” killing. The Commonwealth’s case usually rests on the belief that the killing happened in a sudden and intense passion triggered by serious provocation, or that you acted in imperfect self-defense, where you honestly believed you had to use deadly force to protect yourself, but that belief was unreasonable under the law.
In plain terms, the state agrees you did not plan to kill but claims you lost control or misjudged the situation. The act is still unlawful because a human being died, but the absence of malice makes it voluntary manslaughter, a felony punishable by up to 20 years in prison.
Examples of voluntary manslaughter charges:
Our defense attorneys approach these cases by carefully reconstructing the events leading to the confrontation. We review how the district attorney interprets your mental state, if the reaction truly arose from provocation, and whether self-defense or accident may apply. The goal is always to protect your legal rights and pursue the best outcome for your case.
Involuntary manslaughter applies when the death of another person results from gross negligence or reckless conduct rather than malice. It means the Commonwealth believes you should have known your actions could cause death, but proceeded anyway, or ignored the risk. The criminal justice system classifies this as an unlawful killing because the carelessness rises above civil negligence into criminal behavior.
Examples of involuntary manslaughter charges:
Involuntary manslaughter is typically a first-degree misdemeanor carrying up to 5 years in prison, but if the victim is a child under 12 in your care, it becomes a felony with harsher penalties.
Our law firm defends these manslaughter charges by analyzing the alleged evidence of negligence and showing where the Commonwealth’s case overstates intent or causation. With an experienced criminal defense attorney, it may be possible to reduce the charge or secure a not guilty verdict through a carefully built, aggressive defense.
As the defendant, you are presumed innocent until proven otherwise under Pennsylvania criminal law. The burden of proof rests entirely on the prosecution. To convict, the Commonwealth must prove, beyond a reasonable doubt, that:
You do not have to prove anything. Your defense attorney’s role is to challenge the prosecution’s case and protect your legal rights. As your homicide defense lawyers, we use proven defense strategies to pursue the best outcome possible for your case.
This defense applies when you used force because you reasonably believed it was necessary to protect yourself or another person from immediate danger. Deadly force may be justified if:
Our criminal defense team examines every detail. Witness accounts, physical evidence, and surveillance to show that your actions were defensive, not criminal.
A murder conviction requires proof of intent or malice. Manslaughter involves recklessness or intense emotion. When evidence shows you did not plan or intend to kill, or that your mental state did not meet the definition of malice, the charge may be reduced or dismissed. Our defense attorneys often use this strategy to challenge the degree of murder or argue for involuntary manslaughter instead of a more serious conviction.
Police and prosecutors must follow constitutional rules when gathering evidence. If they search your home or phone without a valid warrant, or question you without reading your Miranda rights, the evidence obtained may be suppressed. Excluding unlawfully obtained evidence can significantly weaken the Commonwealth’s case and may lead to charges being dismissed.
People are sometimes falsely accused or misidentified as the person who caused the death of another. This can happen when:
We use phone records, alibis, and credible witness testimony to show you were not present or that the prosecution’s evidence points elsewhere.
This strategy challenges the reliability and handling of evidence. Our defense attorneys examine:
If the prosecution’s forensic evidence cannot be trusted, the jury may have reasonable doubt, increasing the likelihood of a not guilty verdict.
If you or your loved one is facing a homicide charge in Bucks or Montgomery County, remember that you are innocent until the Commonwealth proves you guilty. The burden of proof lies entirely with the prosecution, and every element of the case must meet the highest legal standard, beyond a reasonable doubt.
At Penglase & Benson Inc., our criminal defense team includes former prosecutors who understand how the Commonwealth builds its case. That experience allows us to anticipate the prosecution’s strategy, identify weaknesses in their evidence, and develop an aggressive defense tailored to your circumstances.
Do not give statements to police, investigators, or insurance companies before speaking with a homicide by vehicle lawyer in Bucks County or Montgomery County. Anything you say can later be used against you. An attorney can step in quickly to protect your rights, manage communication, and begin collecting evidence that supports your defense.
The Pennsylvania Crimes Code divides murder by intent and circumstance:
Each degree carries severe penalties, including life imprisonment and, in some cases, the death penalty.
Yes. In certain circumstances, your defense attorney can argue that the killing lacked malice or intent. If the evidence supports a finding of sudden and intense passion, serious provocation, or a grossly negligent manner rather than an intentional killing, the charge may be reduced to voluntary or involuntary manslaughter. These carry significantly lower penalties than murder convictions.
At the preliminary hearing, the Commonwealth must show there is enough evidence to move forward with criminal charges. This is not a trial, but it allows your defense lawyer to test the prosecution’s case early, challenge unreliable evidence, and identify weaknesses in witness testimony. How your defense is handled at this stage can influence the rest of the proceedings.
Our homicide lawyers at Penglase & Benson Inc. are former prosecutors who have handled homicide and serious felony cases within the Pennsylvania court system. We understand how district attorneys prepare their cases, how evidence is presented to juries, and where mistakes often occur. That insider perspective helps us build a strategic, aggressive defense designed to secure charges dismissed, reduced penalties, or not guilty verdicts.
