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

1. Can I be charged with voluntary manslaughter for the death of a fetus?

No. Manslaughter does not apply to the death of a fetus. Although the definition of murder in California Penal Code Section 187 includes the killing of a fetus, manslaughter only applies to the “unlawful killing of a human being.”

2. If a murder charge can be reduced to voluntary manslaughter, what can voluntary manslaughter be reduced to?

Voluntary manslaughter can be reduced to attempted voluntary manslaughter, which basically requires proving the same elements – but it also requires showing that the defendant intended to kill the person and took at least one direct but ineffective step toward that intent.

Involuntary manslaughter, however, is not a lesser offense; it is a related offense. Therefore, voluntary manslaughter cannot be reduced to involuntary manslaughter.

3. How is voluntary manslaughter different from murder?

Murder is defined as the unlawful killing of a human being, or fetus, with malice aforethought. Voluntary manslaughter, on the other hand, does not require malice aforethought, but is defined as a killing of a human being that is provoked in the heat of passion or by a sudden quarrel. Murder is considered a capital offense that can result in either the death penalty or a lifetime prison sentence. Voluntary manslaughter, by contrast, does not rise to the level of murder and incurs a maximum penalty of 11 years in state prison.

4. What qualifies as sufficient provocation that can cause a reasonable person to act in the heat of passion?

While there is no concrete definition of what qualifies as provocation, courts have recognized that the sight of a spouse being unfaithful, the murder of a family member, or unprovoked physical attacks were enough of a provocation to characterize the defendant’s killing as voluntary manslaughter. On the other hand, name-calling, simple trespass, or the belief that a family member has been abused, were held not qualify as sufficient provocation.

5. Are there other ways for me to be charged with voluntary manslaughter?

Yes. You may also be charged with voluntary manslaughter if you killed a human being while acting in self-defense (or in the defense of others) that is not entirely justified. If you killed a person believing that you were in immediate danger of being killed or severely injured, you will be charged with voluntary manslaughter if that belief was unreasonable. This form of voluntary manslaughter is referred to as an “imperfect self-defense.”