A Criminal Defense Attorney in Angola, Indiana, Knows How to Use the Provocation Defense
Homicide is when one person kills another one. When this act is committed with premeditation and malice, the person can face murder charges. On the other hand, homicides committed without premeditation or malice can result in manslaughter charges.
The Definition of Voluntary Manslaughter
A voluntary manslaughter is a homicide caused by provocation or passion. Here, passion refers to a heightened emotional state that may impair one’s judgment. The emotion involved is typically anger, but it doesn’t always have to be.
Usage of the Provocation Defense
Provocation can be used as a mitigating factor when a defendant alleges that something incited or provoked them to take someone else’s life. Here, an emotional outburst caused the person to suddenly or temporarily lose control of their actions. Provocation defenses are typically used by a criminal defense attorney in Angola, Indiana, to reduce a murder charge to manslaughter, and they can also refer to “crime of passion” defenses.
In manslaughter cases, mitigating factors are used to decrease the severity of criminal charges or potential sentences. As previously mentioned, mitigating factors can reduce homicide charges from murder down to manslaughter. These factors can also reduce the length of a person’s prison sentence for homicide.
Different Types of Provocation
In homicide cases, provocation refers to the conduct or circumstances that deprive a reasonable individual of his or her self-control. Provocation is a case element used to reduce a murder charge to manslaughter, and it can prove the absence of malice in a defendant’s actions.
Reasonable provocation can make a reasonable person to be capable of homicide. Here, provocation must be severe enough to cause extreme passion, rage, fright, or nervousness in an ordinary individual. The emotion must be severe enough to stop a person from thinking about or reflecting on the severity of their actions. Either provocation type can be used to mitigate charges in homicide cases.
Should a Person Contact a Lawyer About Provocation Defenses?
Homicide and murder charges can lead to severe punishments. Therefore, it is best for Grimm & Grimm to use any potential defense that may be available. A defendant should browse this website to contact a criminal defense attorney in Angola, Indiana, if they have questions about or want to use a provocation defense.