You were charged with voluntary manslaughter in Indiana. What does this mean? An Indiana voluntary manslaughter charge means you allegedly and intentionally killed another person while in a moment of passion. This crime is different from murder because you acted in the heat of the moment, and did not act with premeditation.
Whether the charge is involuntary manslaughter or murder, you must retain a skilled voluntary manslaughter attorney immediately to protect your rights. The Indiana criminal defense attorneys at Gemma & Karimi have an exemplary record fighting for the freedom of those charged with violent crimes. Contact our criminal lawyer today at (317) 602-5970 for an immediate free consultation.
Understanding Voluntary Manslaughter in Indiana
Voluntary manslaughter in Indiana is explained under Indiana Code 35-42-1-3. The law states that voluntary manslaughter occurs when someone intentionally kills another person while under ‘sudden heat.’ This means that you had a moment of intense emotion, such as rage, terror, or anger, that was provoked in a situation where a ‘reasonable person’ would lose self-control and commit violence.
For instance, suppose a man walks in on his spouse having an affair with another person. The rage that he feels could lead him to lash out and act violently. This crime would potentially be voluntary manslaughter, assuming the accused did not act with premeditation. The provocation to commit the crime must be seen to obscure one’s reason and cause them to act impulsively.
The Role of ‘Sudden Heat’ in Indiana Voluntary Manslaughter Cases
‘Sudden heat’ is a critical part of the voluntary manslaughter charge because, if proven, it shows that you did not act with premedition. Premeditated murder can lead to decades in state prison.
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Voluntary Manslaughter Penalties
Voluntary manslaughter is a Level 2 felony. If convicted, you face 10 to 30 years in state prison, a typical prison sentence of 17.5 years, and a $10,000 fine. The sentence hinges on the case circumstances, your criminal history, and the judge’s discretion.
Note that voluntary manslaughter occurred if you had the intent to kill, but were in the presence of sudden heat. On the other hand, murder involves premeditation. Furthermore, voluntary manslaughter differs from involuntary manslaughter because the latter crime is an accidental killing due to negligence or reckless behavior.
Always retain a seasoned criminal defense law firm in Indianapolis to defend you against a voluntary manslaughter charge or another unlawful killing. The prosecutor will work fiercely to convict you because someone died, so you need an elite defense attorney immediately.
Building a Strong Defense Against Voluntary Manslaughter Charges
A strong criminal law team is essential to constructing a strong defense and potentially getting the charge reduced or dismissed. Our manslaughter defense attorney at Gemma & Karimi will perform the following tasks to obtain the best possible case result:
- Understand the charge: As noted earlier, voluntary manslaughter involves ‘acting under sudden heat.’ This mitigating factor usually reduces a murder charge to manslaughter. Your criminal defense attorney will explain how ‘sudden heat’ exists in your case, and discuss whether he thinks the prosecutor can prove intent.
- Evaluate your case: Your manslaughter defense attorney will review the case details – what caused the incident, eyewitness statements, the police report, and any physical evidence.
- Construct a robust defense: Several defenses exist for a voluntary manslaughter charge. Your experienced manslaughter defense attorney will carefully consider which best fits the circumstances.
- Possibly negotiating a plea deal: If the prosecutor has strong evidence for your criminal charges, the attorney may attempt to reduce the charge to involuntary manslaughter, which is a Level 5 felony with one to six years prison sentence.
- Representation in court: The Indiana voluntary manslaughter lawyer will represent you in court, including court filings, pre-trial motions, and will represent you if the case goes to trial. Your criminal defense lawyer is your dedicated legal advocate and will pinpoint flaws in the state’s case and protect your rights. Always retain an experienced Indiana criminal defense lawyer in this serious situation to ensure the best outcome.
Defense Strategies for Voluntary Manslaughter Charges in Indiana
Being charged with voluntary manslaughter is terrifying, but many vigorous defenses exist. An accomplished defense attorney at Gemma & Karimi will review your case circumstances and evidence and choose one or more of these defenses:
- Self-defense: Indiana is a Stand Your Ground state, meaning you are not required to retreat if you think deadly force is needed to prevent serious injury or death.
- Defense of others: Like self-defense, attempting to protect another person from harm can be a strong defense. The key is to prove that you believe there was serious danger and that the force used was proportionate.
- Sudden heat: Your criminal defense lawyer may use the sudden heat defense to ensure that the prosecutor does not escalate the charge to murder. This defense means showing there was an intense provocation that caused you to act uncontrollably.
- No intent: You must have knowingly or intentionally killed to be convicted of killing a human being in manslaughter. If it was an accidental death, your criminal defense lawyer may argue that the prosecutor cannot prove the case beyond a reasonable doubt.
- Provocation: If the victim provoked you, your legal representation may argue that this created a situation where any reasonable person would lose control.
An accomplished criminal defense attorney may aggressively question the prosecution’s case. For example, they may question weak eyewitness testimony, dispute forensic evidence, such as who used the weapon. Or, they may file court motions to suppress evidence the police obtained illegally. These actions can weaken the prosecution’s evidence and case, and may lead to a dismissal or acquittal.
Expert Criminal Defense Attorneys for Voluntary Manslaughter Cases
Were you charged with voluntary manslaughter in Indiana? Being accused of causing someone’s death in the heat of passion could lead to years behind bars, fines, probation, and a permanent criminal record that limits your future. You need an experienced, aggressive criminal defense attorney to protect your rights and build a rigorous defense.
Our best voluntary manslaughter lawyer in Indiana at Gemma & Karimi has more than 50 years of combined trial experience defending clients accused of violent felonies, including manslaughter and murder. Our Indianapolis voluntary manslaughter law firm an excellent record of case dismissals, charge reductions, and not guilty verdicts. Our Board-Certified Criminal Trial Specialists have demonstrated high expertise and experience in their practice area. Contact us at (317) 602-5970 for an immediate, free consultation.
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