California Penal Code 192(a) – Voluntary Manslaughter 

Overview 

Voluntary manslaughter under Penal Code 192(a) PC is the unlawful killing of a human being during a sudden quarrel, in the heat of passion, or based on an honest but unreasonable belief in the need for self-defense. It is often charged as a lesser offense to murder, and may be negotiated as a plea deal in homicide cases. 

While it lacks the malice required for murder, voluntary manslaughter is still a serious felony, categorized as a strike offense under California’s Three Strikes Law. 

At Jones Trial Attorneys, we fight to show the prosecution and court that the defendant acted under emotional provocation or perceived threat, and that justice does not require a murder conviction. 

Legal Definition 

Penal Code § 192(a) defines voluntary manslaughter as: 

“The unlawful killing of a human being without malice upon a sudden quarrel or heat of passion.” 

This charge also applies in “imperfect self-defense” situations—where a person had an honest but unreasonable belief that lethal force was necessary. 

Elements of the Crime 

To convict someone of voluntary manslaughter, the prosecution must prove: 

1. The defendant unlawfully killed another person; 

2. The killing occurred during a sudden quarrel, or in the heat of passion, or based on unreasonable self-defense; and 

3. The act was intentional, but without malice or premeditation. 

Heat of passion requires that the defendant was provoked in a way that would cause a reasonable person to act rashly and without reflection. 

Penalties for Voluntary Manslaughter 

Voluntary manslaughter is a felony, punishable by: 

• 3, 6, or 11 years in state prison 

• Up to $10,000 in fines 

• Strike on your record (under California’s Three Strikes Law) 

• Mandatory firearm ban 

• Restitution to the victim’s family 

• Possible civil liability for wrongful death 

Probation is rare, but possible in exceptional circumstances. 

Common Scenarios Leading to PC 192(a) Charges 

• Domestic disputes or relationship violence that escalates 

• Fights between friends, family members, or neighbors 

• Road rage incidents 

• Physical confrontations that unexpectedly result in death 

• Killings committed under extreme emotional disturbance 

Defenses to Voluntary Manslaughter 

We often raise these defenses in PC 192(a) cases: 

• Actual self-defense – You acted lawfully to protect yourself or others 

• No intent to kill – Death was accidental or unintentional 

• No adequate provocation – Undermining the prosecution’s “heat of passion” theory 

• False accusation or mistaken identity 

• Mental illness or diminished capacity (when applicable) 

Voluntary manslaughter is often used as a negotiated resolution to murder charges—and we use our trial leverage to push for favorable deals or complete acquittals. 

Immigration and Collateral Consequences 

A conviction for PC 192(a) carries serious consequences: 

• Deportation or denial of citizenship for non-citizens 

• Firearm prohibition 

• Difficulty obtaining or renewing professional licenses 

• Lifetime strike status, which can double sentences in future cases 

Related Offenses 

• PC 187 – Murder 

• PC 192(b) – Involuntary Manslaughter 

• PC 245 – Assault with a Deadly Weapon 

• PC 273.5 – Domestic Violence with Injury 

How Jones Trial Attorneys Can Help 

Voluntary manslaughter charges are emotionally and legally complex. We fight to reduce charges, exclude prejudicial evidence, and present powerful defenses rooted in psychology, self-defense, or human frailty. 

💼 Free consultations 

⚖️ Homicide defense trial experience 

📍 Based in San Diego, serving all of Southern California 

Charged with Voluntary Manslaughter? Contact Us Today. 

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.