Voluntary Manslaughter Laws
Voluntary manslaughter is a form of homicide that is less serious than murder but more serious than involuntary manslaughter. It applies only in narrow situations. A defendant facing a murder charge might argue that the charge should be reduced to voluntary manslaughter if they fall within the statutory framework for this offense. A prosecutor also might charge voluntary manslaughter as a lesser included offense of murder in case the jury finds that the evidence does not support a murder conviction. However, voluntary manslaughter remains a serious crime that could lead to years in prison.
Elements of Voluntary Manslaughter
In general, a defendant may have committed voluntary manslaughter if they caused a homicide due to a severe provocation. They must have responded to this provocation in a “heat of passion” before they could calm down.
This mental state element usually contains both a subjective prong and an objective prong. The defendant must have actually experienced an intense emotional reaction, and the provocation must have been something that could cause a reasonable person to experience that type of reaction. If the facts do not establish both prongs, the defendant likely committed murder.
Example of Voluntary Manslaughter
The provocation traditionally linked with voluntary manslaughter is adultery. Let’s consider a situation in which Phil comes home from work early on a Friday and finds his wife engaging in intercourse with Vern. If Phil instantly pulls out a gun and shoots Vern, the prosecutor might need to settle for a voluntary manslaughter conviction instead of murder. (Note that this is not a universal rule. For example, the Maryland statute explicitly provides that adultery is not an adequate provocation.)
Now let’s consider a situation in which Phil does not grab the gun. After he finds Vern and his wife, he leaves the house and calls a divorce lawyer to discuss his options. On the next Monday, Phil waits for Vern outside his workplace and shoots him as he leaves. Since Phil should have calmed down over the weekend, the prosecutor probably could get a murder conviction.
Offenses Related to Voluntary Manslaughter
Some other homicide charges that could arise from situations similar to those supporting a voluntary manslaughter charge include:
- First-degree murder: generally an intentional homicide with premeditation, which means that the defendant had time to reflect before committing the crime
- Second-degree murder: an intentional homicide without premeditation, or potentially a homicide resulting from extreme recklessness (often called a "depraved heart")
- Involuntary manslaughter: an unintentional homicide resulting from criminal negligence, or from a level of recklessness that does not meet the "depraved heart" standard
- Vehicular homicide: an unintentional homicide involving the negligent, reckless, or otherwise improper operation of a vehicle
Defenses to Voluntary Manslaughter Charges
As in other homicide cases, a defendant might argue that they acted in self-defense. This means that they reasonably and proportionately responded to an imminent threat of force from the victim. A parallel defense called “defense of others” applies in situations in which the defendant responded to a threat to someone else, such as their child.
In other cases, a defendant might argue that someone else committed the crime. They might challenge the credibility of a witness who allegedly saw them kill the victim, or they might present an alibi showing that they were somewhere else when the crime occurred.
If the defendant can plausibly claim that their actions were unintentional, this might reduce the charge to involuntary manslaughter. Or perhaps their actions did not cause the death, which was simply an unforeseeable accident and not a crime at all.
"Heat of passion" does not equate to insanity. However, a defendant charged with voluntary manslaughter might mount an insanity defense in certain cases. One traditional version of the test requires showing that mental illness prevented the defendant from understanding the nature or the wrongfulness of their act.
Errors or misconduct during the investigation also might undermine the prosecution’s case. If the police coerced the defendant into a confession, for example, they probably could persuade the court to exclude this from the case. The prosecutor then might face greater difficulty in proving the crime beyond a reasonable doubt.
Penalties for Voluntary Manslaughter
The length of the potential prison term for voluntary manslaughter may be shorter than for murder. However, a defendant may spend more time behind bars than a defendant convicted of involuntary manslaughter. Here are the sentencing ranges in a selection of states:
- California: 3, 6, or 11 years
- Colorado: 10-32 years
- Georgia: 1-20 years
- Iowa: Up to 10 years
- New York: 5-25 years
- Pennsylvania: Up to 20 years
- Texas: 2-20 years
- Virginia: 1-10 years, or up to 12 months at the discretion of the jury or judge
Penalties may increase if aggravating factors apply, such as when the defendant has prior convictions on their record or used a firearm in committing the crime. Anyone concerned that they may face a voluntary manslaughter charge should contact an attorney without delay and refrain from discussing the situation with law enforcement in the meantime.
