Written by Canterbury Law Group

Voluntary Manslaughter

What Is Felony Murder

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the “heat of passion.” The circumstances leading up to the killing must have caused a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as first- or second-degree murder.

For instance, when Dan returns home, he discovers his wife in bed with Victor. In a fit of rage, Dan grabs a golf club from next to the bed and smacks Victor in the skull, instantly killing him.

On the spectrum of homicides, this offense falls midway between murder and the excusable, justifiable, or privileged taking of life that does not constitute a crime, such as self-defense. There are a variety of potential sentences and consequences for voluntary manslaughter, and the sentence is frequently determined by the judge.

Voluntary manslaughter is distinct from involuntary manslaughter and is defined differently depending on the state in which the crime is committed. Involuntary manslaughter, on the other hand, occurs when someone dies as a result of a non-felonious illegal conduct committed by the defendant, or as a result of the defendant’s negligence or recklessness.

A homicide attributed to “passion”

In accordance with federal law, voluntary manslaughter is the unlawful killing of a human without malice during a sudden quarrel or a fit of rage.

The precise meaning of the term “hot of passion” varies depending on the context, but it generally alludes to an irresistible emotion that a normally sensible person would feel under the same circumstances. This concept of an unstoppable drive contradicts with the concept of premeditation in first-degree murder, because demonstrating one necessarily eliminates the other.

For instance, if Adam witnesses a complete stranger, Bob, desecrate a holy monument and then kills Bob in a fit of rage, the state would likely charge Adam with voluntary manslaughter rather than murder. If, on the other hand, Adam harbored a long-standing, uncontrolled hatred for Bob due to Bob’s criticism of Adam’s faith, and he hid and waited for Bob to damage the monument with the goal to kill Bob, then Adam would likely be charged with murder.

Defenses to Voluntary Homicide

The potential defenses for voluntary manslaughter are comparable to those for other types of homicide. A defendant charged with voluntary manslaughter may attempt to demonstrate that they did not commit the crime, that their acts were justified, or that their conduct does not fulfill the criteria for voluntary manslaughter. There may be further defenses available, depending on the applicable state law. The state could conceivably charge the defendant with voluntary manslaughter if he or she kills in self-defense but was the first aggressor in the situation that led to the homicide. In addition, voluntary manslaughter might comprise homicides committed based on the defendant’s sincere but irrational assumption that deadly force is required.

State Mandatory Manslaughter Statutes

Different state statutes define voluntary manslaughter differently. A person is guilty of manslaughter in the first degree (voluntary manslaughter) in New York if they meant to cause the death of another, but did so while under the influence of significant emotional disturbance.

Some states, such as Texas, do not have a specific definition for voluntary manslaughter; rather, murder can be reduced to second-degree provided the defendant demonstrates the affirmative defense of sudden passion. as a homicide committed under the false impression that the killing was justifiable. Certain states define voluntary manslaughter based on a list of specified situations. For instance, the purposeful death of an unborn child is considered voluntary manslaughter in Illinois.

Obtain legal assistance for your voluntary manslaughter case.

If you are facing allegations as serious as voluntary manslaughter, it is probable that you have already consulted with an experienced criminal defense counsel. If you haven’t already, you should do so quickly in order to grasp the penalties associated with the charges you’re facing and the viable defenses moving forward. Even for less serious crimes or analyses of family members’ convictions and plea deals, the best course of action is to contact a local criminal defense attorney.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Leave a Reply

Your email address will not be published. Required fields are marked *