When it comes to matters of criminal defense, having a general understanding what different charges mean is going to be helpful in your case as it will help you realize the necessity of hiring a strong lawyer who will fight on your side. Addressing the charge for murder, is actually a very vague term. In fact, there are a number of different categories one act of “taking a life” can fall under. For example, there is first and second degree murder, vehicular manslaughter, homicide, involuntary manslaughter and voluntary manslaughter, among others.
Today, we will look at the charge of voluntary manslaughter and what it entails. When defined, voluntary manslaughter means that a person intentionally kills another person, though they had no plan to commit the act prior to the specific situation. In simple terms, voluntary manslaughter means that it was in the heat of the moment or “passion” which led the offender to take the life of another. Rather than being premeditated, or planned out, it was a response to a specific circumstance that the offender was placed in. In this situation, it means that whatever the circumstance was, a rational and reasonable person has an emotional or mentally disturbing response. If the defense attorney cannot prove that this was the case, then the offender would be accused of first or second degree murder rather than voluntary manslaughter.
An example of this “crime of passion” would be when a husband catches his wife in bed with another man. Perhaps Chris was out of town on a business trip and was told he could head home three days early. Rather than telling his wife of the exciting news, he decides to surprise her at home. It’s close to midnight when he arrives and he has a little surprise in hand to give her as a gift. Sadly, when he opens the door he sees his wife having sex with another woman and in the fit of rage he grabs the other man out of his bed and slams him against the wall. This man’s head slammed on the corner of the night stand on the way to the floor and he died. Moments later the police arrive and the husband is arrested for murder.
When a person commits murder in the heat of the moment, the defense lawyer may be able to prove to the judge that his or her actions were in fact justifiable and excusable because it was in the moment; as an act of self-defense, for example. However, there is a broad spectrum when it comes to homicides, and the court will either lean towards the self-defense route (which isn’t a crime) or the opposite which is an act of malice aforethought (or preplanned murder).
Depending on the details of the situation, a person will either me charged with murder or voluntary manslaughter for their actions depending on whether there was an irresistible impulse to commit the act or a premediated plan of attack. An example would be if John were to witness a complete stranger desecrating a precious monument, and because of his love and appreciation for art, he kills him in a response of rage. The court would likely lean towards voluntary man slaughter here as opposed to murder. However, if John had known the other person and had a history of hatred towards him and then killed him, the court would likely lean toward the charge of murder.
If you have been accused of any form of murder, contact a criminal defense attorney immediately by using our website to locate one near you!
