Voluntary Manslaughter Defenses – California Penal Code Section 192(a)

There are a number of different defenses that may be raised to overcome voluntary manslaughter allegations. An experienced criminal defense attorney can raise certain defenses depending on the particular facts of your case. If the arguments are successfully presented, the charges against you may be dismissed or at least reduced to a less serious offense.

Self-Defense

A defendant can be justified in killing another human being, and therefore not guilty of voluntary manslaughter, if he/she can show that the act was done in self-defense. To qualify for this justification, the defendant must have reason to believe that there was a realistic threat of being killed or seriously injured, and that the use of deadly force was necessary to defend against that threat. The defendant must also show that he/she did not use more force than was reasonably necessary to defend against that threat.

Defense of Another

In the same way a defendant’s acts can be justified if done in self-defense, it can be excused if it was done in defending others against a present danger of death or serious injury by another. Again, the actions of the defendant must have been reasonable under the circumstances.

Defense Against Harm to Self or Others Within Own Home

A defendant is not guilty of voluntary manslaughter if he/she killed a person in self-defense or the defense of others while in his/her own home or property. The defendant must have reasonably believed that he/she was defending a home against an intruder who had an intent to commit violent acts against persons within the home. There must have been a present danger of death or serious injury, and that the use of deadly force must have been reasonable under the circumstances.

Citizen Arrest (By Non-peace Officer)

If a defendant killed a person while lawfully trying to arrest or detain that person for committing a crime or felony that threatened death or great bodily injury, that killing may be justified, and therefore not unlawful. It requires, however, that the defendant had reason to believe that the person killed had committed the crime, that the person posed a threat of serious bodily injury to the defendant, and that the killing was necessary to prevent escape.

Preserving the Peace (By Non-peace Officer)

A killing of a human being is justified if done to preserve the peace. A defendant is not guilty of voluntary manslaughter if the defendant committed the killing while lawfully trying to suppress a riot or preserving the peace. To qualify for this justification, the defendant must also have had a reasonable belief that the person killed posed a threat of serious bodily harm to the defendant or others, and the killing was reasonably necessary under the circumstances.