Voluntary Manslaughter
Voluntary manslaughter is the unlawful killing of another, usually committed in the heat of passion or during the commission of a felony offense (though in some states this may result in murder charges under a "felony murder rule"). For example, Joe finds out that his wife is sleeping with another man when he comes home early one night and finds her in bed with Bob. Joe attacks Bob in a fit of rage and kills him. This would most likely be charged as voluntary manslaughter, unless Joe had a strong prior history of violence or other circumstance which showed premeditation or malice aforethought. For example, if Joe had maintained his cool and had then planned a specific way to kill Bob at a later date, this may result in murder charges. Another example would be a
burglar who is in the process of stealing a television from a home. The homeowner comes home, surprising the burglar, who drops the television and pushes the homeowner, knocking his head against a granite counter and killing him.
Voluntary manslaughter penalties and specific laws pertaining to this crime will depend upon the state and county. It is most often charged as a felony, and a defendant may face a state prison sentence as well as fines and other criminal penalties if convicted.
Voluntary Manslaughter vs. Murder
There are specific circumstances that may result in a defendant facing voluntary manslaughter charges instead of murder charges:
- Provocation - When a person is exposed to an event that would cause a reasonable person to lose self-control, this may be sufficient grounds to avoid murder charges.
- Mental Illness/Incapacity - A person who suffers from a mental illness may avoid murder charges if it can be proven that he or she had no evil intent. This varies from the insanity defense, which requires proof that the defendant was unable to distinguish right from wrong.
- Self-Defense - There are cases where self-defense is not a complete defense to murder. For example, an unreasonable use of force against another person while defending oneself may mean that a defendant will face voluntary manslaughter charges.
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