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In a recent incident in Philadelphia, a store clerk shot and killed a man who was attempting to rob the store. Video of the incident shows the robber pointing a handgun at the clerk, who then pulled out a gun and shot and killed him. The police declined to file murder charges against the clerk because the video clearly demonstrated that the clerk was acting in self-defense. Unfortunately, not everyone who is acting in self-defense is as lucky. You can find yourself facing murder charges even though you were simply defending yourself. If you are charged with murder and were acting in self defense, you need to hire a lawyer immediately.
Philadelphia criminal defense attorney Lauren Wimmer has the knowledge and experience to help you avoid murder charges or successfully argue self-defense at trial to avoid a criminal conviction. Don’t leave your future in the hands of over-aggressive prosecutors. If you’re facing murder charges in Philadelphia, contact Wimmer Criminal Defense Law at 215-712-1212 to schedule a free consultation and discuss how we can help you.
Murder is classified under Pennsylvania law as criminal homicide and defined as “intentionally, knowingly, recklessly or negligently” causing the death of another human being. There are three different degrees of murder charges:
You could also be charged with voluntary or involuntary manslaughter. Involuntary manslaughter is not relevant to a discussion of self-defense. The overlap between voluntary manslaughter and self-defense will be explained.
To obtain a murder conviction, the prosecution always has to prove that an individual was killed. This is typically only an issue when a body is not recovered.
To be convicted of first degree murder, the Commonwealth of Pennsylvania must prove the following:
Unless the prosecution can prove these elements, you cannot be convicted of murder. If they can, however, then you must argue that you acted in self-defense, and the murder was therefore justified.
Self-defense is often referred to as “justifiable homicide,” meaning that is excused under the law. However, it’s important to understand that you may be charged with murder even if you were acting in self-defense. At trial, there must be evidence introduced that establishes that you were acting in self-defense to avoid conviction for murder.
Self-defense can be raised in any situation where you are accused of using force, but successfully arguing self-defense is difficult. It requires a careful analysis of the facts, a thorough understanding of the law pertaining to self-defense, and the ability to craft a persuasive and logical argument that supports your actions. The stakes are extraordinarily high in a murder case, and so we strongly recommend that you hire an experienced criminal defense attorney in Philadelphia if you plan to claim self-defense. If you cannot prove that you acted in self-defense, you will be convicted of murder and potentially face life in prison or the death penalty.
In general, Pennsylvania law allows the use of force in protecting yourself when a person “believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful person” by another person. The use of deadly force is justified if you believe that the use of deadly force is necessary to protect yourself in the following situations:
It’s important to understand that the use of force may be justified, but the use of deadly force is justified only in certain situations. Furthermore, you cannot claim self-defense if you provoked the attack.
In order to successfully prove self-defense, you must prove that it was reasonable to believe that deadly force was necessary. For example, if your attacker was brandishing a loaded gun and threatening to shoot you, it would be reasonable for you to believe that your life was in imminent danger. On the other hand, it may not be reasonable to believe that your life was in imminent danger if your attacker was unarmed and threatening to fight you. That said, there is a grey area between those two examples, requiring careful consideration of the facts and persuasive argument to prove that you had good reason to believe that your life was in danger.
If you did you unreasonably believed that the use of deadly force was necessary, you can be convicted of manslaughter. If law enforcement anticipates that you will argue that you acted in self-defense, they may charge you with both first-degree murder and voluntary manslaughter. This is another reason why it’s so important to hire a criminal defense attorney - they can help you understand the charges against you and the potential consequences that you are facing if convicted.
Another question that arises in self-defense cases is whether you had a duty to retreat or have the right to “stand your ground.” The duty to retreat is another exception to self-defense. Pennsylvania does not justify the use of deadly force if you can safely retreat from the situation.
That said, Pennsylvania also recognizes the right to “stand your ground” if you were attacked in your home or place of work, provided that you were not the initial aggressor. That means that the use of deadly force is justified if you were attacked in your home or at work, even if you could have safely retreated.
Murder charges are the most serious charges you can face. If convicted, you will experience life-long consequences. Don't assume that the prosecution will believe that you acted in self-defense - you need someone on your side who will fight for your rights. You protected your safety, now you need to protect your future and your rights - call Wimmer Criminal Defense Law at 215-712-1212 or contact us online to schedule a free consultation today.
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