Do you ever watch a film and think this bad guy has gotta go. Do you go home feeling guilty for wishing death upon someone, even a fictional character? Well clearly there is a reason for that. Murder is one of the most evil acts anyone can commit. It is only normal to analyze our thoughts regarding this crime . And although morally murder is wrong, it is also the most complex violation of the law. Murder in the first degree, murder in the second degree, homicide by a vehicle? How many degrees are there? If someone has committed this evil act, that does not mean they are an evil person. That is why in American law there are several different punishments for the crime of murder.
There are guidelines within the law:
Murder in the first degree:
Murder in the first degree is willful, premeditated killing, with malice.
Example:
- A person plans a time and date that will make it easy to kill another person; they "ambush"
their victims.
- A spouse intentionally kills their partner by slowly poisoning them.
Punishment:
- Life imprisonment or death.
Murder in the second degree:
- Murder that is intended with malice, but may not be planed or premeditated; or " felony"
murder - a killing done when another crime is being committed.
Example:
- A person unintentionally shoots a pedestrian for passing them on the street.
A burglar is committing a burglary and unintentionally kills the person witnessing the crime.
Punishment:
- Life in prison.
Murder in the third degree - this is a catchall - any other willful deliberate murder.
Punishment:
- A term of years.
Voluntary manslaughter:
Voluntary manslaughter is referred to as a crime of passion. This intentional murder is
committed non premeditated, and is caused usually under circumstance that will cause someone
to be emotionally disturbed.
Example:
- Someone kil ls anothers loved one. Out of emotion distress, the person kills the killer
immediately after the crime was committed.
- A woman is being sexually assaulted and kills her abuser after he finishes the sexual assault.
Punishment:
- A term of years.
Involuntary manslaughter:
Involuntary manslaughter is an unintentional murder. A murder committed without any intent to
kill.
Example:
- Someone pushes another person, and the person who was pushed dies at the scene.
Punishment:
- A term of years.
Homicide by vehicle while driving under the influence
This Pennsylvania law is very self-explanatory. It is the verdict that is given to someone who
has killed another while driving under the influence.
Example:
- A person is driving under the influence and they kill someone, even their passenger.
Punishment:
- Imprisonment for no less than three years.
If you are being charged with any crime, and especially murder, it is crucial that you hire an attorney who specializes in criminal defense work as well as trial advocacy. At our law firm we have been trying criminal cases and homicide cases since 1976. Attorney Samuel Davis is one of few that is recognized as a Criminal Trial Advocate by the National Board of Trial Advocacy and holds a Master of Laws Degree in Trial Advocacy from Temple University.
Whenever our clients are charged with any crime, our top priority is to provide them the very best defense possible. The legal guideline that we follow is simple: everyone is innocent until proven guilty.
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