Pennsylvania Voluntary Manslaughter Laws

The law defines homicide as the unlawful death of a human being. Pennsylvania law recognizes several types of criminal homicide, including three types of murder and two types of manslaughter.

When it comes to murder, the Pennsylvania criminal code recognizes first-degree murder, second-degree murder, and murder in the third degree. It also criminalizes voluntary manslaughter and involuntary manslaughter.

In Pennsylvania, manslaughter charges are less severe than murder charges. Involuntary and voluntary manslaughter charges still carry serious penalties, including a potential prison sentence and fines.

This article discusses Pennsylvania’s voluntary manslaughter laws, including the potential penalties and defenses. If you’re facing criminal homicide charges, contacting a criminal defense lawyer is a good idea. We’ve also included links to helpful FindLaw articles on similar topics at the bottom of this page.

Pennsylvania Law Definition of Voluntary Manslaughter

Pennsylvania law defines voluntary manslaughter as the intentional killing of another human being under the "heat of passion" or an unreasonable belief that the victim poses a danger. Heat of passion crimes occur when the defendant reacts to an extreme emotional disturbance, such as walking in on one’s spouse having sexual relations with a stranger.

In unreasonable belief cases, the defendant’s killing is a response to serious provocation. For example, if someone is engaged in an argument and believes the other party has a deadly weapon, they may respond in kind and cause the death of the other person.

In a voluntary manslaughter case, the jury determines whether the defendant’s belief that they were in danger was reasonable. The defendant must have had a mistaken belief that they needed to use deadly force against the victim to protect themself or another person.

Pennsylvania law requires an objective review of the provocative circumstances and does not permit a subjective review. The provocation must be one that would cause a reasonable person to respond with a passionate or emotional reaction.

Murder vs. Voluntary Manslaughter

If the prosecutor can prove that the defendant does not meet either of the two requirements for voluntary manslaughter, they can pursue a murder charge instead.

Pennsylvania law disqualifies a defendant from a voluntary manslaughter charge if they had enough time to cool off or calm down between the act of provocation and the homicide.

The state must review the complete series of events leading up to the killing. If enough time passes between the provocation and the killing, a prosecutor may be able to meet the legal requirements to charge the defendant with murder.

State law allows voluntary manslaughter as a criminal charge if the defendant committed a homicide based on an unreasonable belief. If the prosecutor can show that the defendant created or escalated the unsafe situation, they can file murder charges instead of manslaughter charges.

Voluntary Manslaughter Laws in the Commonwealth of Pennsylvania: Summary

When someone takes a human life, they should expect to pay a price. Pennsylvania still has the death penalty. If a defendant is guilty of murder, they may receive a death sentence. If their criminal defense lawyer convinces the courts that a manslaughter charge is more appropriate, the defendant will face a lesser penalty.

Pennsylvania’s criminal code outlines the definition and penalties for voluntary and involuntary manslaughter charges. The chart below summarizes the state’s voluntary manslaughter laws in plain English.

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.

Seek Legal Advice From a Pennsylvania Criminal Defense Attorney

Whenever someone causes another person’s death or serious bodily injury, they’ll face criminal homicide charges. If the court finds you guilty of voluntary manslaughter in Pennsylvania, you’ll face a prison sentence of up to 20 years.

Consulting with a skilled Pennsylvania criminal defense attorney after your arrest is a necessity. An attorney will examine your case, explain your options, and help you devise a strong defense strategy.

Related FindLaw Resources

• Murder of the First Degree
• Murder of the Second Degree
• Murder of the Third Degree
• Pennsylvania Involuntary Manslaughter Laws