Crimes of Passion

Generally referred to as a crime of passion, crime passionnel is an offense committed in a moment of deep rage, anguish, or jealousy that is so intense that it impacts a person’s ability to think clearly and rationally. It’s a concept sometimes used in the courtroom, and could mean the difference between being charged with premeditated murder and being charged with the lesser crime of manslaughter.

Provocation 

To be clear, the crime of passion defense is definitely not an attempt to absolve the individual of all wrongdoing; it’s merely a way to place the crime in a context that jurors can relate to in the hopes that it will result in a lesser sentence. Crimes of passion are triggered and occur spontaneously with no forethought or time to cool down. A common case of coming home to find your spouse in bed with someone else is the classic example that posits how enraged one might be, making their actions somewhat more understandable. Although the criminal activity was not premeditated in these cases, perpetrators of such crimes are not necessarily excused of all culpability and punishment. The legal argument is based on how a reasonable person might act at the height of such emotion in a similar circumstance. Florida law allows for a partial crime of passion, which is when a jury finds that the defendant’s emotions should not completely absolve them of responsibility. All criminal liability can be removed in certain cases where the “accident or misfortune” is considered to be completely the result of the defendant’s emotional state.

Florida Law

Every state handles crimes of passion slightly differently.  Here in the Sunshine state, it is a mitigating factor included in Florida Statute 782.03, the law regarding excusable homicide. The standard of proof, as in most states, is whether the defendant acted as a reasonable person under similar circumstances might act. The crime must occur directly after the incitement, with no time in between to think about the situation or weigh response options.

Less Egregious than Murder 

In contrast to a crime of passion, first-degree murder is a premeditated and planned-out killing that could land a perpetrator behind bars for a lifetime, and in some cases, could even result in the death penalty. A second-degree murder conviction, one that may not have been premeditated but that occurred with malice and not in a frenzied moment of passion, can result in decades of imprisonment.

The Defense You Deserve 

The heat of passion defense can be critical to the future of someone charged with murder. The dedicated, experienced Miami criminal defense attorneys at The Law Office of Julia Kefalinos know what steps to take to inform and convince a jury about the lack of premeditation and malice, the height of emotion, and the extraordinary circumstances surrounding the crime. To discuss your situation, contact our Miami office for a confidential consultation today.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.03.html