Manslaughter is unlawful killing of a human being by another human being, but without malice aforethought. There are two types of manslaughter: voluntary and involuntary. Voluntary manslaughter is more serious than involuntary manslaughter, and the punishment is accordingly stiffer.
Voluntary manslaughter is an intentional killing without malice aforethought. Usually there are some mitigating circumstances that justify reducing a murder charge to the lesser offense of manslaughter. A common example of voluntary manslaughter is a killing committed in the “heat of passion” by a husband who finds his wife in bed with another man. If the wronged husband kills before a reasonable person in the same situation would have cooled off, the killing, although still unlawful, is usually reduced from murder to voluntary manslaughter. But if the husband did not act immediately and instead plotted the killing for a few weeks, there would be a good argument that he is guilty of murder because he waited beyond a reasonable cooling-off period before acting.
If you have been arrested and charged with a crime, contact a Sacramento criminal defense lawyer Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.
Allaye Chan Law
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Sacramento, CA 95814