Is a sudden quarrel or heat of passion a crime?
California, United States of America
The following excerpt is from People v. Andrade, B262569 (Cal. App. 2016):
4. "[A] a killing during a sudden quarrel or heat of passion, is not a defense but a crime; more precisely, it is a lesser offense included in the crime of murder." (People v. Breverman (1998) 19 Cal.4th 142, 159, italics omitted; 192, subd. (a).)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a charged crime a natural and probable consequence of the target crime if the charged crime was reasonably foreseeable? (California, United States of America)
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
In what circumstances will a defendant be found guilty of murder based on sudden quarrel or heat of passion? (California, United States of America)
What is the test for a jury to agree that a defendant killed someone because of a sudden quarrel or in the heat of passion? (California, United States of America)
Can a defendant be held criminally responsible as an accomplice not only for the crime he intended to do but also for any other crime that is a natural and probable consequence of the crime? (California, United States of America)
Is a lesser included crime to another crime where both crimes are charged? (California, United States of America)
What is the test for a jury to convict a defendant of first-degree murder where malice was not the intent to kill in the absence of sudden quarrel or heat of passion? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Can a finding that a defendant was acting upon a sudden quarrel or heat of passion reduce murder to voluntary manslaughter? (California, United States of America)
