If you acted in the heat of passion, you may be charged with voluntary manslaughter instead of murder.
Most people think of murder as one criminal charge: if you kill someone, then you are charged with murder. Yet under California law, there are varying degrees of murder as well as other offenses, such as manslaughter. Depending on the facts of the case, you may be charged with a less serious offense such as manslaughter rather than murder.
As a murder defense lawyer in Rancho Cucamonga, CA can explain, when deciding how to charge a murder, prosecutors will focus on your state of mind. In other words, what led up to the killing — and what motivated your actions? Generally, if you act with “malice aforethought,” you will be charged with murder.
Malice aforethought is demonstrated when you act with an intent to kill or a wanton disregard for human life. For example, if you shoot a gun in a crowded club, you have exhibited a wanton disregard for human life — or malice aforethought. Similarly, if you purchase a gun and then follow someone and shoot them, you acted with intent to kill — malice aforethought. Both of these actions will likely result in a murder charge.
However, if you killed someone without malice aforethought, you may be charged with voluntary manslaughter. This typically occurs when a person acts in the “heat of passion” or during a sudden fight. This may occur when:
- You are provoked;
- As a result of the provocation, you acted rashly and under the influence of intense emotion that obscured your judgment or reasoning; and
- The provocation would have caused an average person to act rashly and without careful deliberation.
Heat of passion does not require proof that you acted with a specific emotion. If you acted rashly based on intense emotion, it may be considered voluntary manslaughter instead of murder. However, according to a murder defense lawyer in Rancho Cucamonga, CA, you must not have time to “cool off” in between the provocation and the killing. If you take the time to calm down and then go back and kill that person, you will likely be charged with murder.
Importantly, whatever provoked you must be so significant that it would cause an average person to react with emotion rather than logic. For example, if you came home to find a man raping your daughter and you shoot the man, that may be considered sufficient provocation that would cause an average person to act in the same way.
Having a murder defense lawyer in Rancho Cucamonga, CA to advocate for you is often critical in having a murder charge reduced to voluntary manslaughter. Your attorney can evaluate the facts of the case and apply California law to argue that you acted during a sudden quarrel or the heat of passion instead of with malice aforethought.
If you have been charged with murder or a related offense, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
