Voluntary Manslaughter in California - Penal Code 192(a) PC
Under California Penal Code 192 PC, voluntary manslaughter is the unlawful killing of a human being that occurs during a sudden quarrel, in the heat of passion, or based on an honest but unreasonable belief in the need to defend yourself.
Voluntary manslaughter is a felony carrying three, six, or 11 years in state prison with up to 1 year in county jail. Voluntary manslaughter is a less serious homicide offense than murder but a more serious one than involuntary manslaughter.
I've dealt with a lot of voluntary manslaughter cases over the last twenty-five years. Interestingly, I very rarely see a case filed as voluntary manslaughter. The case is usually filed as a first or second-degree murder case.
A lot of times, the defense is attempting to get voluntary manslaughter because it's clear that the person killed the person. Still, the killing is justified or provoked in some way.
To be able to be successful for a voluntary manslaughter conviction versus a murder conviction, if that's the scenario you find yourself or a loved one in, first and foremost, you're going to have to be able to have the facts to argue for manslaughter.
Another crucial aspect is the defense strategy, which witnesses and evidence must support. The argument should demonstrate that the individual was provoked in a legally acceptable manner and that the killing occurred in the heat of passion.
It's important to note that while a person may be provoked into killing another, this provocation may not necessarily be accompanied by a heat of passion. In some cases, the individual may plan the murder after being provoked and then attempt to claim a voluntary manslaughter defense.
This is why it is so crucial if you're going to assert a voluntary manslaughter defense in Los Angeles that you get an attorney who has been down this road before.
One who has had success with this defense, who knows how to assert it, who knows how to argue the case, and who knows how to investigate the case and get the evidence necessary to be successful. Your attorney will guide you through the legal process, advise you on the best course of action, and represent you in court.
What are the Defenses?
Sometimes, there are those cases where someone's just charged with voluntary manslaughter and maybe some other offense along with it.
In that scenario, to be proven not guilty of the crime, the defense is going to have to show that the killing was justified. There are several different defenses, including self-defense, defense of others, and defense of property, that are available to somebody who finds himself in the position of being charged with voluntary manslaughter in one of the Los Angeles courts.
Another defense or another argument in a voluntary manslaughter case is that – I'm not the perpetrator; I'm not the one who killed the person. Unless the government and the prosecutors have the evidence to prove you guilty of the crime, they won't be able to do so.
However, crucial to your success is having a criminal defense attorney who has been down this road before, has had success, knows how to fight these cases, challenges a prosecutor's evidence, and knows how to win.
If you don't have an attorney that can win a severe case and you're charged with voluntary manslaughter in LA, you've got some big problems because that charge can carry up to eleven years. Also, there are other enhancements and other charges that can go along with that, which can make it an even higher sentence.
So, I typically have people sit down in my office and review everything. I encourage them to be forthright and honest about what happened.
Please give me all the details. Your honesty is crucial in building a strong defense. Don't leave anything out; don't spin things.
Upon reviewing the case, we set up a proactive investigation plan, interviewed the witnesses, and gathered the evidence. This proactive approach ensures we are well-prepared for every step of the process, providing you with a sense of reassurance and preparedness.
I set up the closing argument right from the beginning. I develop our theory right from the start, and once we have it, everything else we do is centered around it so we can present it to the jury when the time comes.
If, on the other hand, it's a case that shouldn't go to trial because you might lose. You might get a lengthy sentence, then obviously, that's something we're going to have to talk about, be honest about, and be straightforward about.
One of the crucial things that an excellent criminal defense attorney can do is know the difference between a case that can be won and one that cannot be won.
If it can't be won, you shouldn't be going to trial or paying an attorney to go to trial. It would be best if you were resolving the case.
When considering a plea bargain, we take into account all aspects of your life to secure the best possible result. Our commitment to your best interests and our tireless work ethic should make you feel prioritized and cared for.
Voluntary Manslaughter Lawyer in Los Angeles
Voluntary manslaughter is a homicide crime and counts as a strike under the California Three Strikes Law. This crime is covered under California Penal Code Section 192(a) PC.
It is defined as the killing of a human being in which the offender had no prior intent to kill but acted in the heat of passion, meaning that the person acted as a result of adequate provocation.
Adequate or reasonable provocation is what makes the difference between murder and voluntary manslaughter. Provocation is considered sufficient if a reasonable person would lose control under the same circumstances. This could include being subjected to a serious assault or witnessing a loved one being seriously harmed.
A person may also avoid murder charges if the person has a mental illness, and our criminal defense lawyers can prove that the person had no intent to kill.
A conviction may result in three, six, or eleven years in California state prison. If you are facing voluntary manslaughter charges, our law firm will do everything we possibly can to prevent these penalties by asserting any applicable defenses on your behalf.
Some legal defenses to these criminal charges are self-defense, defense of others, insanity, and accidentally killing someone (not acting negligently and engaging in lawful conduct at the time). Also, it is essential to understand that often voluntary manslaughter is a defense in itself to murder. We will explain the laws and criminal procedures further during your free case evaluation.
Our lawyers have handled many voluntary manslaughter cases and have seen great results. We are aggressive and persistent when it comes to fighting for our clients. We promise to be a part of our dedication and competent representation. We have a combined 75 years of experience and unmatched credentials.
If you face voluntary manslaughter charges, do not hesitate or waste valuable time. Contact the Hedding Law Firm today for superior legal counsel against your charges.
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