Homicide

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Homicide Attorneys Erie PA

Pennsylvania classifies criminal homicide as murder of the first, second, or third degree, voluntary manslaughter, or involuntary manslaughter. First- and second-degree murder carry life imprisonment without parole, third-degree murder carries up to 40 years, and voluntary manslaughter up to 20 years. Homicide cases demand early, focused representation, and Justin Panighetti, a former Erie County prosecutor who tried homicide cases, defends homicide charges across Erie County.

Criminal Homicide is the most serious offense that can be lodged against an individual. Everyone knows that. But, what people probably don’t know is that there are five different forms of criminal homicide in Erie County. They are:

Murder of the First Degree

Someone lost their life;
The Defendant killed him or her;
And the Defendant did so with the specific intent to kill with malice.

Murder of the Second Degree

The Defendant caused the death of another;
The Defendant did so while attempting, committing or fleeing from the commission of another offense;
And the Defendant did so with malice.

Murder of the Third Degree

Someone lost their life;
The Defendant killed him or her;
And the Defendant did so with malice.

Voluntary Manslaughter

Someone lost their life;
The Defendant killed him or her;
And the Defendant had the intent to kill. *The difference here is that the killing is without malice. (i.e. heat of passion following serious provocation, etc)

Involuntary Manslaughter

Someone lost their life;
The Defendant’s conduct was a direct cause of his or her death;
And the Defendant’s conduct was reckless.

Homicide Penalties in Pennsylvania

Homicide charges and sentences18 Pa.C.S. Chapter 25, adult defendants

First-degree murder

Intentional killing

Life without parole, or death in rare cases

Second-degree murder

Felony murder

Mandatory life without parole
A death during a felony, including for accomplices

Third-degree murder

1st-degree felony

Up to 40 years in prison
A killing with malice but no specific intent

Voluntary manslaughter

1st-degree felony

Up to 20 years in prison
Sudden passion after serious provocation, or an unreasonable belief in self-defense

Involuntary manslaughter

1st-degree misdemeanor

Up to 5 years in prison
2nd-degree felony if the victim was under 12 and in the defendant’s care

Homicide by vehicle while DUI

2nd-degree felony

At least 3 years in prison per death
5 years with one prior DUI, 7 with two or more

Related charges include drug delivery resulting in death, a first-degree felony punishable by up to 40 years, and homicide by vehicle while DUI, which becomes a first-degree felony when combined with DUI following diversion under Act 58 of 2025.

Something else people may know but it bears repeating, there is generally a big difference in the volume of witnesses, evidence, and overall resources poured into a homicide prosecution by the Commonwealth.

As a result, a criminal attorney defending a homicide prosecution must have the experience, work ethic, and singular focus to be able to navigate all of these items while working towards formulating an appropriate defense. That person must also have a strong understanding of potential pre-trial challenges and in trial strategy.

As one might expect, those items represent only a snapshot of the things your loved one should be aware of as they navigate through the judicial system with one of the various homicide charges hanging over their head.

This is especially true since most people charged with such an offense will find themselves incarcerated pending trial. That complicates the defense and makes it even more important to acquire representation early so that an appropriate defense can be prepared.

I support the idea of talking to many criminal defense attorneys in Erie PA before settling on the person you want to handle the defense. Unfortunately, you will get to know the attorney very well in the months leading up to trial and as a result you must be able to get along with them both personally and professionally.

That person may not be me and I respect and understand that. Both the attorney and the client have to be comfortable because a homicide defense is often a long hard fought journey together.

Homicide Charge FAQs

What is the difference between third-degree murder and voluntary manslaughter?

Both involve an unlawful killing. Third-degree murder requires malice. Voluntary manslaughter applies when the killing happened in a sudden and intense passion after serious provocation, or when the person believed deadly force was justified but that belief was unreasonable. The difference can mean up to 40 years versus up to 20.

What is felony murder in Pennsylvania?

Second-degree murder, often called felony murder, applies when a death occurs during the commission of a felony such as robbery or burglary. It can apply to accomplices who did not cause the death themselves, and it carries mandatory life imprisonment for adults.

Can you get bail on a homicide charge in Pennsylvania?

Not when the offense is punishable by life imprisonment, which includes first- and second-degree murder. For other homicide charges, a judge decides whether bail is available based on the circumstances of the case.

Is self-defense a defense to homicide in Pennsylvania?

It can be. A reasonable belief that deadly force was necessary to prevent death or serious bodily injury can be a complete defense. An honest but unreasonable belief can reduce murder to voluntary manslaughter. Once the issue is raised, the Commonwealth must disprove self-defense beyond a reasonable doubt.

Sources: 18 Pa.C.S. §§ 2501–2504, 2506, 1102; 75 Pa.C.S. § 3735; Pa. Const. art. I, § 14. This page is general information, not legal advice.