Fighting Philadelphia Murder and Homicide Charges

Fighting Murder Charges in Philly: What You Need to Know

Being charged with murder or homicide in Philadelphia can feel completely overwhelming. The stakes are so high, and the legal system can be confusing as heck. Where do you even start to build your defense?

This article breaks things down in simple terms. We’ll walk through common defenses used against Philly murder charges, look at real case studies, and try to bring some hope. Getting charged isn’t the same as being found guilty, and even a tough case can sometimes end well.

Murder vs Homicide Charges

First up, what’s the difference between “homicide” and “murder” charges in PA? Homicide is when one human being causes the death of another. Murder is a legal term for when that killing was intentional and malicious.

So all murders fit the definition of homicide, but not all homicides are murders in the eyes of the law. Other types of homicide charges include manslaughter and negligent homicide. Murder convictions typically bring the harshest sentences.

Fighting Murder Charges with Self-Defense

When can a homicide be considered legal self-defense? If the defendant reasonably believed they or someone else was in imminent danger, and force was necessary to prevent that. There’s no duty to retreat first in PA.

Some factors prosecutors consider:

• Was the perceived threat real? Did the other person have a weapon? Were they larger/stronger? Was there a history of violence between them?
• Was the force used excessive for the situation? Shooting an unarmed person would be hard to justify.
• Who was the initial aggressor? Self-defense works best for someone minding their own business.

A high-profile example is the [recent dismissal of charges against Philly cop Mark Dial]. He shot a driver, Eddie Irizarry, during a traffic stop last month. Dial said he saw a knife and retreated before firing in self-defense. The bodycam footage backed up his story reasonably well.

So while self-defense can absolutely beat a murder charge, the details matter hugely. It’s best to start building your defense right away, while memories are fresh. An experienced criminal attorney can poke holes in the prosecution’s version of events.

Using Insanity as a Defense

Another way to fight murder changes is claiming legal insanity. This means the defendant couldn’t understand the wrongfulness of their actions, often due to severe mental illness.

The burden is on the defense to show the defendant was disconnected from reality in that moment. Just having a diagnosed condition like schizophrenia isn’t enough. Almost no one is found legally insane – it’s more of a hail mary play used in extreme cases.

Arguing Down to Voluntary Manslaughter

When straight-up self-defense seems unlikely to work, another option is admitting culpability but trying to get the charges reduced. Voluntary manslaughter is a lesser included offense of murder in PA.

It typically involves intentionally killing someone in the “heat of passion” after serious provocation. Common scenarios are walking in on a spouse’s affair, or a bar fight that turned deadly. The legal consequences are still harsh but less so than murder.

Last year a Philly judge reduced [Jaleel Uqdah’s charges] from murder to manslaughter. He shot his sister’s ex during an argument, but there seemed to be legitimate rage involved. His sentence ended up below the state guidelines at 9-20 years.

The Role of Bail Reform in Fighting Charges

Finally, it’s crucial to talk about the role cash bail plays in all this. Over 60% of people held in Philly jails pre-trial in 2020 were there because they couldn’t afford bail. The median was only $5k.

Jail makes fighting charges way harder. People lose jobs, homes, contact with family. It’s incredibly disruptive and traumatic. The DA’s office knows this and uses it as leverage to get plea deals.

Philly’s working toward bail reform. They recently stopped asking for cash bail for many non-violent charges. But judges still have huge discretion for violent crimes like murder, and often set extremely high bail.

Having an experienced lawyer argue for affordable bail or release on probation is so important. They can highlight factors like community ties, mental health needs, and overcrowded jails. Bail reform is still very much a work in progress, but even small wins matter when someone’s freedom is at stake.

Wrapping Up

Defending against serious homicide charges in Philadelphia takes immense personal resilience. The lawyer’s role is to handle the legal complexities so their client can focus on their own wellbeing.

There are absolutely ways to fight for dismissal or reduction, but it’s crucially important to have an objective view of the evidence. Working with a legal team you trust, and not losing hope through the process, are key for the best possible outcome