What Constitutes a Crime of Passion?

To convict a person of a crime, prosecutors must show that the defendant committed the actus reus with a certain mens rea. The actus reus is the physical act of a crime, while the mens rea is the defendant’s mental state. Sometimes, a person acting with a heat of passion may be overcome by such a surge of emotion that they don’t think clearly and make poor decisions. In such circumstances, the level of criminal culpability may be reduced.

Our criminal defense attorneys in Indianapolis can review your case and determine if it’s possible to argue that it was a crime of passion to fight for a reduced sentence. 

What Is Passion in Criminal Defense?

When a crime is said to have been committed in the “heat of passion,” it typically means the act was provoked or committed without thought or premeditation. The defendant did not set out to act in a criminal way, but the heat of passion caused them to commit some crime. 

Heat of passion is also referred to as heat of blood or sudden heat. This term refers to an emotional excitement that is so intense that a reasonable person would have acted without thinking twice under similar circumstances. It is a direct and immediate response to serious provocation. If the defendant had the chance to cool down, this defense may not arise. 

How Does a Heat of Passion Change a Criminal Offense?

While two people who commit the same criminal act may be charged with the same crime, the presence of the heat of passion can potentially reduce the sentence for the person experiencing a heat of passion. This is because the law does not punish people as harshly than it does for those who commit crimes that are premeditated and deliberate.

This is because a person who is overcome with sudden emotion may not have immediate control over their actions or may not have been thinking clearly. Even though a heat of passion does not excuse the behavior, it may help reduce the sentence. 

For example, both murder and voluntary manslaughter involve the act of killing another person without legal justification. However, voluntary manslaughter occurs in situations involving a sudden heat of passion.

A murder conviction can result in the death penalty or life imprisonment, while voluntary manslaughter is a Level 2 felony, punishable by 10 to 30 years in prison.

Call The Criminal Defense Team for Help 

At The Criminal Defense Team of Baldwin Perry & Wiley PC, we know that many situations do not exist in a vacuum. If you were emotionally distraught at the time of a crime, you may be able to raise a crime of passion defense.

You may have been suffering from trauma or not in a clear mental state, which contributed to you doing something you might not have if you were thinking clearly. We can help raise a strong defense on your behalf. Call us today at (317) 743-3295 for a free consultation.