Pennsylvania First-Degree Murder Laws

In Pennsylvania, there are several types of criminal homicide. A person may be guilty of first-degree murder, second-degree murder, or third-degree murder. There are also two levels of manslaughter - voluntary manslaughter and involuntary manslaughter.

All of these crimes involve the unlawful death of a human being. The most serious type of homicide is murder in the first degree.

This article will examine how Pennsylvania’s first-degree murder laws work. It also explains the penalties and defenses to this crime.

If you’re facing murder charges in the Commonwealth of Pennsylvania, contact an experienced criminal defense attorney after your arrest. We've also provided links to helpful FindLaw articles at the bottom of this page.

Proving First-Degree Murder in Pennsylvania

All kinds of murder involve the intentional killing of another human being. Pennsylvania law requires proof of premeditation and malice aforethought for a murder conviction. With manslaughter, the state doesn’t have to prove either of these things.

In a murder case, the prosecutor can establish express or implied malice. In a first-degree murder case, the state must prove that the defendant acted with express malice. They must also prove the defendant had a specific intent to kill. They can do this by demonstrating that the defendant used a deadly weapon or lied in wait for their victim.

Possibility of the Death Penalty

First-degree murder is one of the most serious crimes in Pennsylvania and generally results in the most severe punishments available under state law. In Pennsylvania, people guilty of first-degree murder are eligible for the death penalty.

Pennsylvania is one of the states that still has the death penalty. Lawmakers reserve this punishment for a handful of crimes, including first-degree murder. The law is very clear on when a person is at risk of a death sentence.

According to Pennsylvania Statutes Title 18 Pa.C.S. Section 1102, the following people are eligible for the death penalty:

• Anybody guilty of first-degree murder
• A person guilty of killing a law enforcement officer

It’s worth mentioning that there has not been an execution in Pennsylvania since 1999. In 2015, then-Governor Tom Wolf imposed a moratorium on executions. This moratorium is still in effect in 2025.

First-Degree Murder vs. Second-Degree Murder

What distinguishes first-degree murder from second-degree murder in Pennsylvania is the defendant’s intent and state of mind. A first-degree murder conviction requires that the state prove premeditation, planning, and deliberate acts on the part of the defendant.

Second-degree murder is when a person intends to kill the victim but does not plan it. In second-degree murder cases, the prosecutor does not have to prove the same level of malice as they do in a first-degree murder case.

Felony Murder Is Second-Degree Murder in Pennsylvania

Many states classify felony murder as first-degree murder. This isn’t the case in Pennsylvania. Pennsylvania does follow the felony murder rule, but when someone dies during the defendant’s commission of a felony, the state can charge that person with second-degree murder.

The punishment for second-degree murder is less severe than it is for first-degree murder. If the court finds you guilty of first-degree murder, the judge can impose the death sentence. However, the maximum sentence for second-degree murder is life imprisonment without the possibility of parole.

While your criminal defense lawyer can certainly introduce evidence of mitigating factors, a first-degree murder conviction in Pennsylvania carries a mandatory life sentence.

Pennsylvania’s First-Degree Murder Laws: Recap

Below is a chart highlighting Pennsylvania’s murder laws. The statutory language for the code sections below can be found in Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and Offenses.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a Pennsylvania criminal defense lawyer or conduct further research to verify your state laws.

Get Legal Help With Your First-Degree Murder Case in Pennsylvania

If you’re facing a first-degree murder charge in Pennsylvania, you probably have a lot of questions about what will happen next. The best thing to do is to contact a skilled Pennsylvania criminal defense attorney. If the state convicts you of murder, you’ll spend the rest of your life in prison.

While there’s no guarantee your criminal defense attorney will earn an acquittal, they will offer legal advice, fight for your freedom, and work hard to negotiate a favorable plea bargain.

Related FindLaw Resources

• Misdemeanor vs. Felony
• Heat of Passion
• Murder of the Third Degree
• Criminal Trial Overview