Voluntary manslaughter in one of the most serious Violent Crimes a defendant can face. Firearm’s charge Voluntary Manslaughter is often referred to as a “crime of passion” because the act itself is often committed in the heat of the moment. Officially, a person commits the act of voluntary manslaughter if they are, at the time of the killing, acting under immense passion as the result of serious provocation by the person who was killed. The act of provocation must be one that would cause a passionate or emotional reaction in any reasonable person. Just like the related charge of involuntary manslaughter, the state does not base this charge off of intent. Instead, the state bases their case on the idea that the act was committed either with the “heat of passion” or with the “unreasonable belief” that the person needed to use deadly force. The statute does not apply to situations where the individual who committed the killing has had enough time to “cool off”. The “cooling off” period is important as this charge only applies to cases where there was no “cooling off” period. This “cooling off” period essentially means that the person had enough time to let the emotions return back to baseline before committing the act of killing.
An example of when a Violent Crimes charge of voluntary manslaughter would be appropriate is if a husband comes home to find his wife in bed with someone else and kills the person his wife was cheating on him with. involuntary manslaughter In this scenario, all the elements to be charged under this statute are present. There was no “cooling off” period, and the act of cheating would cause a passionate or emotional response in any reasonable person. The husband would clearly be acting with immense passion. Voluntary manslaughter is a more serious offense and is a felony of the first degree which carries with it a sentence of more than ten years incarcerated. Often times a defense against this charge is that at the time the act was committed, the person was acting in self-defense. A good defense attorney will be able to help you understand the facts of your case, and will help you establish any credible defenses against this charge. The attorneys at the law offices of Kelly and Conte are experienced in handling cases that are more serious in nature and will help fight to have the best possible outcome for your case.