Voluntary manslaughter, while still considered homicide, does not meet the criteria for murder in the legal definition. Voluntary manslaughter is the intentional killing of a person without planning during provocation. The cause of death of the other person involved and the intent of the defendant must be proved for the charges to include voluntary manslaughter. Most people can’t imagine what it’s like to be charged with voluntary manslaughter until they found themselves in need of a manslaughter defense attorney in Tampa.
Voluntary manslaughter is deliberate but not planned. This type of homicide may be the result of strong emotions (“crimes of passion”) or the influence of drugs or alcohol. Provocation is often the factor that separates voluntary manslaughter from murder. This crime is considered a second-degree felony and often carries considerable penalties.
Road rage leading to homicide is a possible example of voluntary manslaughter. If someone is cut off in traffic or bumped by another car and it escalates to a deadly fight in a nearby parking lot, it could easily lead to these charges.
If someone kills in self-defense, reasonably thinking they need to, the homicide could be considered justified even if the belief was mistaken. That may mean that self-defense was not needed or the force used was excessive. This basic idea covers defending others as well.
Although charges would ultimately depend on the variables of a situation, if someone was robbing another person and a third party stepped in to break up the fight but became entangled and used deadly force, the person intervening may be charged with voluntary manslaughter.
There are defenses for people who were wrongly accused. Some situations, such as the defense or protection of others, can be seen as justifiable use of deadly force. There are also some cases of excusable homicide committed by accident, requiring the defendant to show they acted without recklessness.
If you’ve been accused of manslaughter, you need a skilled representative who will aggressively defend you.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.