You have probably heard the term “crime of passion” on the
news or on television crime dramas when a person is describing a suspect’s
heinous acts. But did you know that this term carries significant legal
weight? In the real world, crimes of passion are
violent crimes that are committed when a person is in a fragile emotional state and cannot
control their actions. The significance of these types of crimes is that
they are provoked and committed in a split-second decision, without any
sort of premeditation.
This can be crucial when charging someone with homicide. Determining whether
or not a killing was committed in the heat of the moment or if it was
planned can be the difference between a charge of capital murder and a
less-serious charge of manslaughter. In Texas, capital murder can bring
the death penalty upon conviction, while manslaughter can carry a 20-year
What Are the Elements of a Crime of Passion?
Crimes committed in the heat of passion generally satisfy a number of elements,
- They are reasonably and actually provoked
- An ordinary person would have had the same emotional response in the same situation
- The assaulter or killer reacted immediately without any time to think on
It is important to remember that it is ultimately left to a jury to decide
whether or not a crime was a crime of passion. Provocation is a hotly
contested topic, as verbal insults will usually not suffice. Additionally,
if a person had any time to think on their situation before acting, they
will not be eligible for a reduction in their charges.
Criminal Defense Lawyer in San Antonio
If you have been accused of a violent crime in the San Antonio area, it
is vital you contact a powerful
criminal defense attorney from Cabañas Law Firm as soon as possible to protect your
future and freedom. We have defended countless clients against a variety
of criminal charges and are equipped with the skills and knowledge to
maximize your chances of securing a desirable outcome for your situation.
Call (210) 529-8317 or
schedule a consultation today to discuss your situation in further detail.