![]() A defendant who is not actually in a “heat of passion” when he kills another cannot later claim that the victim’s acts provoked him into killing. Second, the provocation must actually have provoked the defendant. ![]() However, courts have also held that words alone, without more, are never adequate provocation, nor is a battery when it is only minor. For instance, most states have found that catching a spouse in the act of adultery is sufficient, as is assault when it is severe. Although this is a very fact-specific determination, courts in many states have held that certain acts constitute adequate provocation. First, a charge of voluntary manslaughter requires a showing that the provocation was such that a reasonable person in similar circumstances would also lose control and be subject to irresistible impulses. Defendants cannot simply assert that the victim provoked their anger. Proving that a crime occurred in the “heat of passion” is a difficult standard to meet. The provocation must be substantial enough to warrant the killing if not, the defendant will likely be charged with second-degree murder. Because the killing is adequately provoked as a matter of law, the criminal charges are reduced from murder to manslaughter. It is defined as an intentional killing committed in a “heat of passion” that results from provocation. Voluntary manslaughter is a form of homicide that occurs without premeditation, deliberation, or malice aforethought.
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