Voluntary Manslaughter Attorney in Van Nuys
San Fernando Valley Criminal Defense Lawyer
California Penal Code Section 192(a) PC defines
voluntary manslaughter as the killing of a human being in which there was no prior intent to kill but the person acted in a heat of passion, meaning that the person acted as a result of adequate/reasonable provocation.
Adequate or reasonable provocation is what makes the difference between murder and voluntary manslaughter. Provocation is considered adequate if a reasonable person would lose control under the same circumstances. Adequate provocation and whether there was a cooling down period is under the reasonable person standard that is to be determined by the jury. Our duty to our client is to show the jury that the provocation that caused the death was adequate as a reasonable person under the same circumstances would have acted the same way.
Common defenses are: Self defense; defense of others; insanity; accidentally killing someone (not acting negligently and engaged in lawful conduct at the time).
Voluntary manslaughter also may be a defense to murder charges.
For example, if a person walked in on his wife cheating on him with another man and killed the man, and our criminal defense lawyers can prove that the person had no intent to kill (no premeditation and deliberation), and killed in a sudden heat of passion that any reasonable person under the same circumstance would have felt, the murder charges may be reduced.
A conviction of voluntary manslaughter may result in three, six, or eleven years in California state prison.
We guarantee competent, dedicated, aggressive, and effective representation.
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