Voluntary Manslaughter Defense

Before we begin talking about manslaughter defense, let’s first talk about what exactly voluntary manslaughter is. Voluntary manslaughter is usually defined as an intentional killing that occurs when then offender had no previous intent to kill. This is commonly referred to as a killing in the “heat of passion”. The circumstances leading up to the killing may have lead to the offender, a reasonable person, becoming emotionally or mentally distraught or disturbed. A prime example of this is someone who comes home to find his or her spouse in bed with someone else. 

There is a wide spectrum of homicide charges that an offender can be charged with. This one falls between murder (killing with intent) and self-defense. Its important to note that voluntary manslaughter is different from involuntary manslaughter, and definitions can differ from state to state.

Federal law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. We already know voluntary manslaughter is often referred to as a “heat of passion” crime. Voluntary manslaughter can also be defined as a killing that occurred when an offender mistakenly believed the killing was justified, such as self defense.

Although every case is unique, there are some common defenses that are often used in voluntary manslaughter cases. The defense used for each case is dependent upon what state that case is in and the particular nuances of the case.

Here are some of the most common arguments used for voluntary manslaughter defense:

Actual Innocence

Having not committed the crime at all is, of course, the best possible manslaughter defense. Because we are in the United States, the burden of proof lies with the prosecutor. The prosecution must prove beyond a reasonable doubt that the accused has, in fact, committed the crime they are being charged with. Some ways to counter a prosecutor’s accusations are by using an alibi or by questioning the validity of the prosecutor’s evidence.

Self-Defense

There are two types of self-defense claims- perfect and imperfect. In a voluntary manslaughter case, the only kind of self-defense claim that can be used is a perfect self-defense claim.

A perfect claim of self-defense is when there is actually a reasonable need for deadly force in order to protect one’s life, and there is no wrongdoing by the defendant. This implies that the defendant acted solely in fear of his or her life and/or personal safety.

Insanity

The insanity defense can differ slightly from state to state, as each jurisdiction may have slightly different legal definitions of “insanity”. Generally, however, insanity refers to a defendant’s inability to distinguish right from wrong and an inability to understand their actions. If a defendant meets their jurisdiction’s legal definition for insanity at the time of the incident, they may not be held accountable for their actions.

Accidental Killing

If it can be shown that the killing occurred as the result of an accident, a defendant may not be charged with voluntary manslaughter. Using the accidental killing defense may not be enough to get a defendant out of any charges, but it may be possible to get a voluntary manslaughter charged reduced to an involuntary manslaughter charge. The name voluntary manslaughter suggests that there was an intent to kill or harm. Involuntary manslaughter results from negligent or reckless behavior, and the consequences and penalties may be less severe. If a defendant can show the victim’s death resulted from negligent or reckless behavior, voluntary manslaughter charges may be reduced.

Intoxication

Generally, intoxication will not excuse a person from criminal behavior. However, if the intoxication was involuntary (if someone was drugged against their will or without their knowledge), it may be a useful defense.

If you or someone you know is facing voluntary manslaughter charges, call Kyle today for your FREE consultation at (770) 744-5250.