Homicide charges are pretty complicated. While some involve an intent to commit the crime, other homicide offenses do not. Sometimes, the intent comes from a sudden and intense “provocation” where the defendant loses control.
Homicide offenses that involve sudden provocation are often called heat-of-passion crimes. This involves less of an intent to kill and more of a sudden loss of control due to some adequate provocation. This is often referred to as murder in the heat of passion and is often charged as manslaughter rather than murder. Proving the elements of adequate provocation can be tricky. The provocation must be enough to cause a reasonable person to lose control completely, and there should be little to no time for the defendant to cool down and reflect before taking action. If you lost control due to provocation in your case, talk to your lawyer about what kind of evidence you need to build a defense.
Contact our manslaughter defense lawyers for a free evaluation of your case by calling the Law Offices of John J. Zarych at (609) 616-4956.
Crimes of Passion and Manslaughter Charges in NJ
According to the law under N.J.S.A. § 2C:11-4(b)(2), a homicide offense that might normally be considered murder may be reduced to manslaughter if the defendant committed the offense in the heat of passion resulting from some adequate provocation. This begs the question, what is adequate provocation?
The courts have analyzed many provocation cases and in 1990, the Supreme Court of New Jersey outlined four elements in the case of State v. Mauricio that separate manslaughter resulting from adequate provocation from murder.
First, there must be adequate provocation. Second, the provocation must actually impassion the defendant. Third, there must be no time for the defendant to cool down between the provocation and the murder. Finally, the defendant must not have actually cooled off.
While these elements help us get an idea of what must be proven to establish that a homicide is actually manslaughter committed in the heat of passion, it does not explain what exactly is considered provocation or how long it takes a person to “cool down.” Whether or not adequate provocation exists is ultimately a question for the jury. Our manslaughter defense lawyers can help you convince the jury that the provocation you experienced is adequate and that your charges should be reduced to manslaughter.
What is Considered Adequate Provocation for Manslaughter Charges in NJ
Proving heat of passion requires evidence of the provocation itself, and the time in which the defendant reacted to the provocation.
What is Adequate Provocation?
In the same Mauricio case mentioned before, the court elaborated on what constitutes adequate provocation. The provocation must be enough to “arouse the passions” of a normal, ordinary person beyond the power of their self-control. It must be so severe that the resulting killing should be as attributable to the provocation as to the morality of the supposed killer.
As one can imagine, provocation varies from case to case. Generally, verbal insults and similarly minor offenses are not enough to be considered adequate provocation; provocation should be more severe. For example, walking in on someone violently assaulting your spouse might be a adequate provocation, and many people might say such a situation would cause them to lose control.
According to Mauricio, when a defendant claims that they reacted to provocation, the state bears the burden of proving that the defendant was not provoked. The more serious and shocking the provocation is in your case, the harder it will be for the prosecutor to prove that it was insufficient to evoke such an extreme response.
The ultimate question here is whether the defendant’s loss of self-control is a reasonable reaction to the provocation.
What is Not Adequate Provocation
While the courts often focus on what should be considered adequate provocation in heat-of-passion cases, the law has carved out a specific example of what is not provocation. According to N.J.S.A. § 2C:11-4(2), the discovery of the victim’s gender identity or sexual orientation is not considered an adequate provocation. This is known as the “gay panic” or “trans panic” defense and is not a valid legal defense.
This includes learning the victim’s actual gender identity or sexual orientation and what the defendant perceives to be their identity or orientation. For example, suppose a defendant is on a date with someone, and they, for some reason, think that their date is transgender. Whether true or not, this perception is not considered adequate provocation if the defendant becomes angry, loses control, and kills their date.
Evidence You Can Use to Prove Heat of Passion in a Murder or Manslaughter Case in NJ
Evidence is the lifeblood of any case. In a homicide case where the alleged killing resulted from the heat of passion, defendants should be prepared to present evidence about the provocation and the time between the provocation and killing. Your lawyer can help you determine if this evidence exists and how you can obtain it.
Evidence of the provocation can be tricky. In many cases, the only people involved are the defendant and the victim who provoked them, and the victim is no longer around. This can make it incredibly difficult to prove that the victim somehow provoked you into action. In some cases, security camera footage exists. The incident may have occurred in your home, and you have a private security system with cameras recording the entire incident.
On the other hand, maybe there are witnesses. Take the example from before about the victim violently assaulting the defendant’s spouse, thus provoking them. The spouse who was assaulted can testify about what happened. If others were around, they could also testify about what they saw. The more people who can back you up and say that the victim’s behavior was so egregious as to cause you to lose control, the stronger your defense.
We also need evidence of the time between the provocation and the alleged killing. In a manslaughter case where the defendant acted in the heat of passion, there must be no time for the defendant to cool down after being provoked. As such, the time between provocation and action must be incredibly short, sometimes instantaneous. Even a few minutes might constitute sufficient time to cool down. Again, security cameras and witnesses come in handy here. Your testimony might also be crucial. Defendants who have been so horrendously provoked often have compelling stories that might sway jurors.
Contact Our New Jersey Manslaughter Defense Attorneys for Help Now
Contact our manslaughter defense lawyers for a free evaluation of your case by calling the Law Offices of John J. Zarych at (609) 616-4956.
