If you have been arrested for the crime of Voluntary Manslaughter, call experienced criminal defense lawyer Max Gorby at (323) 477-2819.

California Penal Code 192(a) California’s voluntary manslaughter law. (“Manslaughter is the unlawful killing of a human being without malice. It is of three kinds…(a) Voluntary–upon a sudden quarrel or heat of passion.”

 

California Jury Instructions, Criminal, CALJIC 8.40 — California’s manslaughter law. (“Every person who unlawfully kills another human being [without malice aforethought but] either with an intent to kill, or with conscious disregard for human life, is guilty of voluntary manslaughter in violation of Penal Code section 192, subdivision (a). [There is no malice aforethought if the killing occurred [upon a sudden quarrel or heat of passion] [or] [in the actual but unreasonable belief in the necessity to defend [oneself] [or] [another person] against imminent peril to life or great bodily injury]

 

Judicial Council Of California Criminal Jury Instruction, CALCRIM 570 — California’s voluntary manslaughter law. (“A killing that would otherwise be murder is reduced to voluntary manslaughter if the defendant killed someone because of a sudden quarrel or in the heat of passion. The defendant killed someone because of a sudden quarrel or in the heat of passion if: [1] The defendant was provoked; [2] As a result of the provocation, the defendant acted rashly and under the influence of intense emotion that obscured (his/her) reasoning or judgment; AND [3] The provocation would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgment.”

 

“Heat of passion does not require anger, rage, or any specific emotion. It can be any violent or intense emotion that causes a person to act without due deliberation and reflection…[If enough time passed between the provocation and the killing for a person of average disposition to “cool off” and regain his or her clear reasoning and judgment, then the killing is not reduced to voluntary manslaughter on this basis”

“In order for heat of passion to reduce a murder to voluntary manslaughter, the defendant must have acted under the direct and immediate influence of provocation as I have defined it. While no specific type of provocation is required, slight or remote provocation is not sufficient. Sufficient provocation may occur over a short or long period of time. It is not enough that the defendant simply was provoked. The defendant is not allowed to set up (his/her) own standard of conduct. You must decide whether the defendant was provoked and whether the provocation was sufficient. In deciding whether the provocation was sufficient, consider whether a person of average disposition, in the same situation and knowing the same facts, would have reacted from passion rather than from judgment.” Wickersham, supra, at p. 327, quoting People v. Berry, supra, 18 Cal.3d at p. 515

 

CALCRIM 505 — Justifiable Homicide: Self-Defense or Defense of Another. (“The defendant acted in lawful (self-defense/ [or] defense of another) if: [1] The defendant reasonably believed that (he/she/ [or] someone else/ [or] <insert name or description of third party<) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/ <insert other forcible and atrocious crime<)]; [2] The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger; AND [3] The defendant used no more force than was reasonably necessary to defend against that danger.”

CALCRIM 571 — Voluntary Manslaughter: Imperfect Self-Defense—Lesser Included Offense. (“A killing that would otherwise be murder is reduced to voluntary manslaughter if the defendant killed a person because (he/she) acted in (imperfect self-defense/ [or] imperfect defense of another). If you conclude the defendant acted in complete (self-defense/ [or] defense of another), (his/her) action was lawful and you must find (him/her) not guilty of any crime. The difference between complete (self-defense/ [or] defense of another) and (imperfect self-defense/ [or] imperfect defense of another) depends on whether the defendant’s belief in the need to use deadly force was reasonable. The defendant acted in (imperfect self-defense/ [or] imperfect defense of another) if: 1 The defendant actually believed that (he/she/ [or] someone else/ <insert name of third party>) was in imminent danger of being killed or suffering great bodily injury; AND 2 The defendant actually believed that the immediate use of deadly force was necessary to defend against the danger; BUT 3 At least one of those beliefs was unreasonable.”

Please contact Attorney Max Gorby at (323) 477-2819 regarding any questions related to California Penal Code section 192 (a) – voluntary manslaughter.