You may have heard of a crime of passion but wonder how it impacts people in the legal sense. In the state of Texas, the distinction between a crime of passion and murder is extremely important. 

That’s why it’s vital to retain the services of an Austin criminal defense attorney  – someone who handles these types of cases. They can explain your rights and give you the guidance you need to experience a better outcome.

What Is Heat of Passion Manslaughter?

To understand the heat of passion manslaughter in Texas, it’s important to define the crime. Basically, this crime is committed in the heat of the moment or when the defendant reacts emotionally or passionately. While they did not plan to kill the victim, their emotional outburst led to the victim’s demise.

The charge you’ll receive for killing someone in Texas is, therefore, based on the nature of the crime and whether you had a motive for the offense. Committing murder on the spur of the moment then, in a fit of rage or jealousy, is considered a lesser crime than a murder – or a homicide that involves premeditation.

A crime of passion is also referred to as voluntary manslaughter. This contrasts with involuntary manslaughter, which is done out of recklessness. 

Examples of Crimes of Passion

Examples of voluntary manslaughter or a heat of passion crime include:

• Killing a cheating partner or spouse
• Assaulting a partner out of anger
• Retaliation for abuse or rape

A crime of passion or voluntary manslaughter is a second-degree felony that carries a prison sentence of two to 20 years and a fine of up to $10,000.

Felony Murder

A felony murder charge involves intent or premeditation. Therefore, murder, which is a felony offense, is a deliberate act based on a decision made by the offender. That’s why murder is a more serious crime.

Involuntary Manslaughter – Negligent Homicide

Involuntary manslaughter, which includes intoxication manslaughter and negligent homicide, is a felony crime that can span from six months to two years and comes with a fine of up to $10,000.

Texas Penal Code, Chapter 19 describes heat of passion manslaughter as a crime where the victim provoked the defendant’s response or someone acting with the victim. The crime does not result from a previous provocation. It happens suddenly.

The law also holds that the crime must result from a cause that commonly produces a degree of rage, terror, resentment, or anger in someone with a regular temper – enough to keep the defendant from cooly reflecting on their behavior and the consequences of the activity.

Defending a Voluntary Manslaughter Charge

Here are some of the strategies a lawyer might employ to defend a client facing a charge of heat of passion manslaughter;

• Claiming self-defense. If there exists evidence indicating that the victim initiated an attack or posed a threat, the attorney might assert that the client acted in self-defense. Important factors in this argument would include assessing both the extent of the threat and whether the defendant’s response was proportionate.
• Challenging the evidence and witness accounts. Your lawyer will thoroughly examine all the evidence and the witness accounts to find any inconsistencies, procedural errors, credibility issues, or other factors that could raise doubts in the jurors’ minds.

Additionally, your lawyer may present evidence that mitigates your actions by highlighting your overall character, age, or mental impairment. This information could potentially influence a jury to be more compassionate.

The specific defense strategy depends on the details and evidence of the case. Therefore, it is critical for your attorney to establish doubt in regard to intent or the provocation or justification of the accused behavior.

Contact a Criminal Defense Lawyer About Your Voluntary Charge

Do you need a legal defense for voluntary manslaughter? If so, contact David D. White, PLLC, as soon as possible. Schedule an appointment today.