Heat of Passion is an act that can involve many different elements. Some elements include anger, rage, lust, and even hatred. It is also a legal term under the law and in most states a deadly weapon. Although heat of passion can lead to death, it is not always the case and can be handled in several different ways depending on the state where you are committing the crime.
Heat of passion usually refers to criminal acts: committed by people who are either unable to control their desire or sense passion following an argument or a heated exchange of words with another person. The term provocation is normally used in order to describe the moment when the person who is the subject of the argument crosses the line into being provoked. There is always a reasonable person in all situations. Anything that crosses the line into being extreme may be considered excessive and considered provocation in some circumstances.
There are two general scenarios when someone may be accused of this crime: First, the argument or dialogue may have crossed the line into being too heated for a reasonable person to handle. Second, the defendant could have deliberately acted in a certain way to irritate or get outrageously angry in an effort to cause physical harm or emotional trauma. These circumstances are generally referred to as aggravated assault and battery in the criminal justice system.
The first scenario is referred to as provocation: In the heat of passion, a person is provoked in order to cause the other person to react in a certain way. This may be to simply make them want to fight, to get even, to back off, or to simply diffuse the situation. However, it can also be to purposely inflict injury on another individual. If this happened during the course and period of heated debate and the other individual did nothing to provoke or escalate the level of anger, it will constitute a case of aggravated assault.
The second scenario is called voluntary manslaughter: In this instance, there is no proof of intent to commit murder or maliciously pursue another person in order to cause physical harm. Instead, there is usually just the emotional state of rage that spirals out of control. This will not necessarily result in death, as in the case of deliberate killing, but it will be considered murder by most states and can be punished as such.
Whether or not you intend to use this tactic in your defense: it is always a good idea to at least consult a criminal defense attorney before you go to court. This is especially true if there is any question about the legality or constitutionality of your actions. It is far better to make sure that your case will not be dismissed due to lack of evidence or if your actions in the heat of passion are considered criminal acts in and of themselves.
While there are obviously many difficult decisions we must make in our lives, protecting yourself through proper legal representation is a wise course to take.