The term “heat of passion” may be familiar to true crime fans — or anybody who watches soap operas. A person may be charged with murdering someone yet argue that the death was unintentional and occurred “in the heat of passion.” But, in practice, how does that work? Is that a viable defense to an accusation of murder?
In a nutshell, no. It is not a defense to murder to kill someone in a fit of rage. Instead, the reduced charge of voluntary manslaughter will most likely be charged. When a person murders another human, a California prosecutor may pursue the felony of voluntary manslaughter. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 if you need an attorney experienced in these and other violent crime defenses.
Voluntary manslaughter
This charge can occur if a person murders someone during a heated argument, in the heat of anger, or based on a genuine but irrational feeling in the need to protect oneself.
Voluntary manslaughter is sometimes given as a lesser accusation than murder. If a person is charged with murder, for example, the prosecution may offer a plea agreement for voluntary manslaughter if he admits to the crime. If the matter proceeds to trial, the jury may decide that the defendant is guilty of voluntary manslaughter (a lesser crime) rather than murder.
The difference between murder and voluntary manslaughter
The distinction between murder and voluntary manslaughter is that murder necessitates a premeditated act of malice. This implies that someone acts with the aim to murder or with a callous contempt for human life. If you murder someone because you were in a sudden fight with them or because you behaved in a fit of rage, the assumption is that you acted without malice. As a result, the charge of murder is lowered to voluntary manslaughter.
The term “heat of passion” refers to any strong or passionate feeling that prompts you to behave rashly, as a qualified Riverside criminal lawyer may explain. The key is that there is no time for you to “cool off” between the event that prompted you and the killing. If you didn’t have enough time to cool off, you’d be charged with planned murder rather than voluntary manslaughter.
An example of heat of passion murder
When a guy returns home to discover a man in bed with his wife, this is a typical case of “heat of passion” homicide. He reaches out in rage and murders the other man. That might be considered voluntary manslaughter. However, if he left the house, went to the shop, got a pistol, and then returned home to kill the guy, it would be murder, since he would have had time to calm off and consider his actions.
If you have been charged with murder, based on the facts of the case, you may be eligible to have the charge reduced to voluntary manslaughter. Voluntary murder is a crime that can result in probation, a year in county jail, or a sentence of three to eleven years in state prison. Murder, on the other hand, carries a sentence of fifteen to twenty-five years to life in state prison.
Chambers Law Firm is committed to assisting individuals accused of a variety of criminal charges. To book a free first consultation with a seasoned criminal attorney, call 714-760-4088 or email dchambers@clfca.com immediately.
