Understanding the Criminal Justice System
The crimes of murder and voluntary manslaughter in Indiana both involve “knowingly or intentionally” killing another human being. A murder sentence can lead to a 45 to 65-year prison sentence, while a voluntary manslaughter conviction can result in a significantly lower sentence of 10 to 30 years. But if both murder and voluntary manslaughter involve the knowing or intentional killing of someone else, what is the difference?
One fact, if proven, can reduce murder to voluntary manslaughter. That fact is proof that the defendant was “acting under sudden heat” at the time of the killing.
“Sudden heat” is the only element of the crime of knowingly or intentionally killing someone else that distinguishes voluntary manslaughter from murder. The Indiana Supreme Court has characterized “sudden heat” as “anger, rage, resentment, or terror sufficient to obscure the reason of an ordinary person.” Sudden heat “prevents deliberation and premeditation.” It makes a person “incapable of cool reflection.”
Sudden heat, however, is not simple anger. The Indiana Supreme Court has also noted that “anger standing alone is not sufficient” to support the concept of sudden heat.
Because evidence of sudden heat can reduce a potential murder conviction to a voluntary manslaughter conviction, it is something that the defense must prove. An experienced criminal defense attorney will know what types of evidence courts are likely to accept to prove that a defendant in a particular case acted with sudden heat. This is frequently a hotly contested point during criminal trials involving murder and voluntary manslaughter counts.
The experienced criminal defense attorneys from Razumich & Associates know what it takes to defend you if you have been charged with murder. Our attorneys regularly practice criminal law before courts all across Indiana, and we know the laws, regulations, rules, and procedures that apply in criminal cases.
More importantly, we understand how important it is to know the facts behind each allegation our clients face. We apply those facts to our extensive understanding of Indiana criminal law and are ready to fight for your rights and to defend you against the allegations you’re facing.
When decades of your life are on the line, contact Razumich & Associates for help. Call us at 317-983-5333, or fill out our contact form. We will schedule a free consultation so we can learn more about your case and explain how we will use our experience to help.
