Voluntary Manslaughter – California Penal Code Section 192(a)

As defined in California Penal Code Section 192(a), voluntary manslaughter is charged in situations where a human being was unlawfully killed, but the accused killer did not act with the malicious intent to murder. Instead, the killing was brought on by a sudden fight or provoked in the heat of passion. This happens, for example, when a brawler is accidentally killed in a bar fight, or when a husband falls into a jealous rage when he finds his wife in bed with another man. Because this crime does not require any specific murderous intent, voluntary manslaughter is considered less culpable than murder; however, it is still a very serious crime in California.

You will be held to have committed voluntary manslaughter if you were provoked; if that provocation drove you to act rashly with impaired reasoning and judgment; and if any reasonable person would also have acted rashly under the same circumstances. Basically, something needs to have driven you over the edge so that you lose all self-control, and your actions must have been something that any average person would have done in your position.

If convicted for voluntary manslaughter, the punishment is a jail sentence in state prison for a period of up to 11 years and a “strike” for the purposes of California’s “Three-Strikes” law. A conviction for murder, however, can incur the death penalty or life in state prison without parole. Therefore, a defendant facing murder charges will often seek to reduce that charge to manslaughter.

Voluntary manslaughter can be justified and excused if you can show, for example, that you acted in self-defense, in the defense of others, while in your home, or while performing a citizen arrest. An experienced criminal defense attorney can raise these defenses on your behalf, which may lead to your acquittal or a reduction of the charge.

If you are charged with voluntary manslaughter, it is imperative that you consult with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience handling homicide cases that deal specifically with voluntary manslaughter. Call us today at 888-749-0034. We will be there when you call.