Voluntary manslaughter is a felony offense that is usually agreed to as part of a plea bargain.
Under California law, there are only two types of murder: first-degree and second-degree. However, there are other ways that a person can be charged with or convicted of an unlawful killing of another person. This includes voluntary manslaughter.
Voluntary manslaughter is a felony offense under California law. It is defined as killing another person during a sudden quarrel, the heat of passion, or based on an honest but unreasonable belief in the need for self-defense. Prosecutors do not typically charge a person with voluntary manslaughter. Instead, they charge a defendant in a criminal case with murder (first-degree or second-degree), and then a skilled murder defense lawyer Anaheim, CA negotiates a plea agreement where the defendant admits to killing the victim in exchange for a reduction of the charge to voluntary manslaughter.
Alternatively, a jury in a murder trial may find a defendant guilty of the lesser crime of voluntary manslaughter. This may occur because the jury simply does not believe that the actions of the defendant fit the legal definition of murder under California law (requiring that the defendant acted with “malice aforethought”). The classic example of voluntary manslaughter is when a husband comes home to find his wife in bed with another man; in a fit of rage, he attacks the other man, and ends up killing him. While he undoubtedly killed the other man, he did not have “malice aforethought.” Instead, he acted with the heat of passion. For that reason, he is guilty of the crime of voluntary manslaughter — not murder.
According to a murder defense lawyer Anaheim, CA , the essence of many voluntary manslaughter charges is that a person was provoked. As a result of being provoked, the person acted impulsively, under the influence of intense emotion that clouded his or her judgment. This provocation must be of the type that would cause an average person to also act rashly. In other words, the provocation must be severe enough that most people would react with passion rather than with judgment. If you kill someone for teasing you about your shoes, that will not likely be justification for voluntary manslaughter. However, if a person taunts you about your sibling being murdered on the day of his or her funeral, that may be enough provocation to inflame the average person.
The penalty for voluntary manslaughter is 3 to 11 years in California state prison. While this sentence is signifiant, it is important to remember that voluntary manslaughter is typically used as a defense to a murder charge — and murder charges carry a minimum sentence of 15 years to life in prison, and a potential death penalty. As a murder defense lawyer Anaheim, CA can explain, being convicted for voluntary manslaughter is far preferable to being convicted of murder. If prosecutors can prove that you killed someone, demonstrating that you acted in the heat of passion or during a sudden quarrel may be lead to a significant reduction in the penalties that you will face.
The Chambers Law Firm represents clients who have been charged with murder, voluntary manslaughter, and all related charges in Anaheim and the surrounded areas. We aggressively defend our clients against all murder charges, and will work hard to secure your rights. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
