What is ‘Voluntary Manslaughter?’

When someone is involved in the unlawful killing of someone else, prosecutors often charge them at first with murder.

Murder carries a sentence of 15 years to life, which rises to 25-to-life in cases of first degree murder.

Why do prosecutors do this? They start with the most severe charge possible to have leverage in plea negotiations. Facing murder charges is intimidating, and this increases the pressure on the accused, encouraging cooperation or plea agreements.

However, the good news is that if you or someone you love has been charged with murder, it might be possible to see those charges reduced to voluntary manslaughter. 

Sentences for voluntary manslaughter can be as short as just three years in prison.

How can you get your charges reduced? Speak with a lawyer. A skilled attorney can carefully evaluate your unique situation, identify potential mitigating factors, and develop a strong legal strategy aimed at reducing murder charges to voluntary manslaughter.

Definition of voluntary manslaughter under California law

Under California law, voluntary manslaughter (Penal Code §192(a)) is defined as an unlawful, intentional killing of another person without malice aforethought.

In plain terms, this means someone kills intentionally but under circumstances that mitigate the offense, distinguishing it from murder. There is no premeditation or deliberate malice – instead, the killing occurs in the “heat of passion” or during a sudden conflict, or as a result of an honest yet unreasonable belief that deadly force was necessary.

Voluntary manslaughter sits between a justified homicide and murder: the act is not legally excusable, but the law recognizes that the killer’s mental state was warped by extreme emotion or coercion.

To illustrate, a murder charge requires malice aforethought – either an intent to kill or a callous disregard for human life. In a voluntary manslaughter scenario, that malice is absent because the person was provoked or mistakenly felt forced to act.

California Penal Code §192(a) specifically describes voluntary manslaughter as a killing that happens “upon a sudden quarrel or heat of passion.” While the killing is intentional, it is committed in a situation that would overwhelm the reasoning of an ordinary person. The classic example is someone who, in a burst of anger or fear, loses self-control and causes a death.

It’s important to note that voluntary manslaughter is still a serious felony, but it carries a lesser moral blame than murder. There’s no lawful justification (unlike true self-defense), yet there’s also not the cold-blooded intent that defines murder. In the sections below, we break down the common scenarios that can lead to a voluntary manslaughter charge in California, especially as these cases arise in Los Angeles County.

Common scenarios leading to voluntary manslaughter charges

California law recognizes several situations where an intentional killing may be treated as voluntary manslaughter instead of murder. These typically involve some form of provocation, extreme emotional disturbance, or an imperfect form of self-defense/duress.

In Los Angeles County, prosecutors and courts see a variety of real-world cases fitting these scenarios. Below are detailed breakdowns of the most common voluntary manslaughter situations, each accompanied by an example to show how they might play out in practice:

Heat of passion

Heat of passion refers to a killing committed in a state of overwhelming emotion – typically anger or rage – provoked by a startling event. The provocation must be so extreme that it would send an average person into a passionate frenzy, causing them to act on impulse without time to cool off or think rationally. Legally, the “heat of passion” doctrine requires two key things: (1) the defendant was actually provoked into a sudden intense emotional state by the victim’s conduct, and (2) a reasonable person in the same situation would have been provoked to act rashly as well. Because the person’s judgment is clouded by this rush of emotion, the law views the killing as lacking the deliberation or malice required for murder.

Example: Imagine a husband who comes home unexpectedly to find his spouse in bed with another person. Overcome by a flash of shock, betrayal, and rage, he immediately grabs a heavy lamp from the nightstand and strikes the intruder, inflicting a fatal injury. In that sudden eruption of passion, he wasn’t plotting or calmly intending to kill – he reacted instinctively to an emotional provocation. Because any ordinary person might be inflamed by such a discovery, and he had no chance to cool down or reflect, this scenario could be charged as voluntary manslaughter rather than murder. The law recognizes that the husband’s actions, while unlawful, were driven by a heat-of-the-moment loss of control rather than calculated malice.

Sudden quarrel

A sudden quarrel is closely related to heat of passion. It involves a situation where a conflict or argument spontaneously escalates to lethal violence, without any prior planning by the parties. In a sudden quarrel, harsh words, insults, or a physical confrontation trigger an almost instantaneous reaction. The important factor is that the deadly act occurs in the spur of the moment, as the quarrel peaks and emotions flare, rather than after careful consideration. Like heat-of-passion cases, a sudden quarrel killing indicates that the defendant acted in a state of temporary emotional turmoil, not with sustained intent to kill.

Example: Two friends at a Los Angeles bar get into a heated argument after one makes an offensive remark about the other’s family. Tempers rise rapidly. Within minutes, shoves are exchanged and the confrontation spirals out of control. One friend grabs a broken beer bottle and fatally stabs the other in a frenzy of anger and hurt. This tragedy unfolded in an instant, born out of a momentary rage during an unforeseen fight. Because the aggression was provoked by the quarrel and happened on the spot – with no cooling-off period or premeditation – the incident would likely be viewed as voluntary manslaughter rather than murder. The individual intended to cause harm in that flash of anger, but did not have a chance to reflect or form a deliberate plan to kill. Los Angeles prosecutors encountering such a case might charge voluntary manslaughter, acknowledging the role of sudden provocation in the fatal outcome.

Imperfect self-defense

Imperfect self-defense applies when someone kills another person under the sincere belief that lethal force is necessary to protect themselves, but that belief is objectively unreasonable or mistaken. In a true self-defense situation (sometimes called “perfect” self-defense), the threat must be imminent and a reasonable person would agree deadly force was warranted – in that case the killing would be justified and no crime at all. However, in an imperfect self-defense scenario, the person thinks they are in grave danger and reacts to save their life (or someone else’s life), yet either misjudged the situation or used excessive force. Because their belief, while honest, doesn’t meet the reasonable person standard, the law does not fully excuse the killing – but it eliminates the malice required for murder. The result is that a murder charge can be reduced to voluntary manslaughter if a jury or prosecutor accepts the imperfect self-defense argument.

Example: A driver in Los Angeles is involved in a roadside confrontation that turns physical. The other individual reaches into their jacket quickly – and believing a gun is about to be drawn, the driver panics and shoots first with a weapon he had in his car. It turns out the other person was unarmed and was perhaps only pulling out a cellphone. The shooter genuinely feared for his life in that split second, even though, in hindsight, his fear was based on a mistake. This genuine but unreasonable belief in the need to use deadly force means he cannot claim complete self-defense in court. Nonetheless, his mindset was defensive rather than malicious. Prosecutors in Los Angeles County might charge this case as voluntary manslaughter (imperfect self-defense) instead of murder, recognizing that the shooter did not act out of ill-will or a calculated intent to kill, but out of a misperceived need to protect himself.

Defense of others

Imperfect self-defense has a closely related cousin: imperfect defense of others. California law allows you to defend another person who is in imminent danger, under the same reasonableness standards as defending yourself. If you truly believe someone else’s life is in immediate peril and you use deadly force to save them, you’d normally be justified – unless your belief was unreasonable or based on a mistake. In an imperfect defense of others scenario, the defender’s heart is in the right place but they misjudge the threat level or necessity of lethal force. The outcome is treated similarly to imperfect self-defense: it can downgrade a homicide to voluntary manslaughter because the person acted out of protective instinct rather than malice.

Example: Picture a Los Angeles resident who walks into a parking lot to find his friend being beaten in a brawl. He sees a much larger aggressor on top of his friend, throwing punches. Fearing that his friend is about to be killed or gravely injured, the resident grabs a blunt object and strikes the attacker in the head to stop the assault. The blow turns out to be fatal. In this scenario, the man genuinely believed he needed to use deadly force to save his friend’s life. If it’s later revealed that the friend’s injuries were not life-threatening or the threat wasn’t as dire as assumed, the defender’s belief – though sincere – may be deemed unreasonable. He meant to protect, not to murder. Thus, prosecutors could charge voluntary manslaughter, acknowledging his mistaken selfless intent. The law in Los Angeles County will consider that he was trying to do the right thing (defending another) but went too far under a misapprehension of the situation.

Imperfect duress

Duress means being forced or coerced to commit a crime under threat of harm. Generally, duress can be a legal defense for some offenses – but notably, duress is not a complete defense to murder under California law. The law expects that no threat to one’s own life justifies taking an innocent life. However, there is an equitable concept sometimes referred to as “imperfect duress” that can arise in homicide cases. If someone kills because they are under an immediate threat of death or serious injury from someone else (for example, a criminal forcing them to act), they still intentionally took a life, but their culpability is greatly reduced by the extreme coercion they faced. In practice, while they cannot walk free on a duress claim, a jury or prosecutor might agree that the killing lacks the cold-blooded malice of murder. The result can be a voluntary manslaughter outcome, reflecting that the person acted out of terror rather than true intent.

Example: A Los Angeles gang leader holds a man’s family hostage and orders him to carry out a hit on a rival, under threat that his family will be killed if he refuses. In a desperate attempt to save his loved ones, the man goes through with the coerced killing of the rival target. Here, the man made a choice to take a life, but that choice was dictated by an immediate threat to his own family’s lives. He was under unimaginable pressure and would not have killed anyone but for the extortion. In court, he cannot be fully excused for the homicide – the law doesn’t allow a free pass for killing an innocent third party even under threat. However, a factfinder might conclude that this extreme duress warrants treating the crime as voluntary manslaughter rather than murder. The man did not harbor malice; he acted out of fear and coercion. Los Angeles County prosecutors have discretion in such situations – with a skilled defense attorney’s advocacy, they may be persuaded to reduce a murder charge to manslaughter given the circumstances of duress.

Differences between voluntary and involuntary manslaughter

Both voluntary and involuntary manslaughter are forms of unlawful homicide under California law, but they differ greatly in the offender’s intent and the way the death occurs. Voluntary manslaughter involves an intentional act: the person means to inflict harm or kill, but does so in a situation of provocation or mistaken justification (as discussed above).

In contrast, involuntary manslaughter (Penal Code §192(b)) involves a death caused without intent to kill. Generally, involuntary manslaughter happens when someone engages in negligent or reckless behavior that they should know is dangerous, and as a result, someone dies. There’s no deliberation or desire to cause death; instead, the death is an unintended consequence of the person’s actions (or failure to act responsibly).

To put it simply, voluntary manslaughter is an intentional killing under extenuating circumstances, whereas involuntary manslaughter is a negligent killing.

For example, if two people get into a sudden fight and one intentionally strikes a fatal blow in anger, that’s voluntary manslaughter (intent present, but provoked). On the other hand, if a drunk driver runs a red light in Los Angeles and accidentally kills a pedestrian, that driver could be charged with involuntary manslaughter or vehicular manslaughter – the driver had no intent to kill, but acted with reckless disregard for safety.

Another example of involuntary manslaughter would be a firearm accident: say someone recklessly handles a loaded gun and it goes off, killing a bystander. There was no plan or wish to harm, but criminal negligence led to a tragic death.

The penalties also reflect the difference in severity. Voluntary manslaughter, being a crime of intent (though mitigated), carries a harsher potential sentence in California – typically a state prison term of 3, 6, or 11 years. Involuntary manslaughter, involving no intent to kill, carries a lighter sentence (for instance, two, three, or four years in prison is common for involuntary manslaughter in California).

In sum, voluntary manslaughter is treated as a more severe offense than involuntary manslaughter because choosing to inflict lethal harm – even in the heat of passion or under duress – is more blameworthy than a death caused by carelessness. However, both are far less serious in the eyes of the law than a murder charge, which implies deliberate malice or extreme recklessness.

Sentencing and penalties for voluntary manslaughter

Voluntary manslaughter is a felony offense in California, and the state imposes significant penalties on anyone convicted.

While it is not punished as severely as murder, a voluntary manslaughter conviction will result in years in state prison and other lasting consequences.

In Los Angeles County, judges follow California’s sentencing guidelines, which for voluntary manslaughter include a set “triad” of possible prison terms. The specific sentence within this range is usually determined by the circumstances of the case and the defendant’s background. Here’s a breakdown of the potential penalties and outcomes:

Prison sentence of 3, 6, or 11 years

California law mandates that a person convicted of voluntary manslaughter serve a state prison term. The judge can select a low term of 3 years, a middle term of 6 years, or the high term of 11 years. Factors such as the severity of the provocation, the defendant’s criminal history, and any remorse shown can influence this decision.

For example, a first-time offender who acted in the heat of passion might receive a lower term, whereas a defendant with prior violence or particularly egregious conduct could face the 11-year upper term. It’s worth noting that voluntary manslaughter is categorized as a violent felony in California; this means anyone imprisoned on this charge must serve at least 85% of their sentence (as opposed to 50% for non-violent felonies) before becoming eligible for release or parole.

Fines

Alongside a prison term, the court can impose a fine of up to $10,000. Financial penalties will depend on the defendant’s ability to pay and the specifics of the case, but judges in Los Angeles often order the maximum fine for serious felonies like manslaughter, especially if there were significant losses to victims’ families.

Additionally, the defendant will likely be ordered to pay restitution to cover the victim’s funeral expenses and other related losses suffered by the victim’s loved ones.

“Strike” on your record

A voluntary manslaughter conviction counts as a serious felony “strike” under California’s Three Strikes Law. This means that in the future, if the person is convicted of another felony, the sentence for that new offense can be increased substantially. With one strike on record, a subsequent felony conviction could lead to double the normal prison term.

If someone unfortunately accumulates three strikes (for serious or violent felonies), they face 25 years to life in prison. In short, a manslaughter conviction not only punishes you now, but also puts you at risk of much harsher punishment for any future mistakes.

Loss of firearm rights

Federal and state law prohibit convicted felons from owning or possessing firearms, and this absolutely applies to manslaughter convictions. If you are found guilty of voluntary manslaughter, you will lose your right to own or purchase guns in California. This ban is typically for life.

In a place like Los Angeles, with strict gun laws, any violation of this prohibition (getting caught with a firearm after your conviction) would itself be a new felony offense. The loss of Second Amendment rights is a serious collateral consequence of any felony, underscoring how life-changing a manslaughter conviction can be.

Probation and other conditions

In many homicide cases, judges are inclined to impose prison time rather than probation, given the gravity of the offense. However, in rare cases where circumstances are highly unusual (for instance, an older case resolved by plea, or extraordinary mitigation), a judge could grant probation for voluntary manslaughter. Even then, the defendant would likely have already spent a significant time in custody and would be subject to strict terms.

Common court-ordered conditions include mandatory counseling or anger management programs, especially if the crime involved an extreme emotional reaction. The goal is to prevent future violent outbursts. Defendants may also be ordered to participate in substance abuse treatment if alcohol or drugs played a role in the incident, or other rehabilitation programs deemed appropriate. While on probation or parole, a person must comply with all supervision terms (regular check-ins, search conditions, etc.). Any misstep can lead to revocation and the imposition of that lengthy prison sentence.

Overall, a voluntary manslaughter conviction in Los Angeles carries a substantial punishment – years behind bars, steep costs, and a lasting criminal record.

The difference between this and a murder conviction, however, is enormous: by comparison, a murder conviction could mean 15 years to life (or even life without parole). That’s why getting a murder charge reduced to manslaughter, when possible, can spare a defendant decades in prison and offer a chance at rehabilitation and freedom down the line. Avoiding that life sentence is often the primary goal of a defense in any homicide case. Next, we’ll discuss how Los Angeles prosecutors handle these cases and what trends we see in charges and plea deals.

Facing a homicide charge in Los Angeles County means dealing with one of the largest and busiest prosecutor’s offices in the nation.

The Los Angeles County District Attorney’s Office handles hundreds of murder and manslaughter cases a year, and while the law is the same statewide, local policies and attitudes can influence how cases are charged, negotiated, and resolved. It’s crucial to understand the realistic prosecutorial trends in L.A. when it comes to voluntary manslaughter, as these trends will shape the strategy your defense attorney uses. Here’s what you need to know about how voluntary manslaughter is approached in Los Angeles:

Charging decisions

Los Angeles prosecutors typically file the most serious charge that the evidence could support. In practice, this means that if a killing occurs, the DA’s office will often charge murder initially, especially if there is any indication of intent to kill. It is relatively uncommon for a homicide to be charged outright as voluntary manslaughter at the start.

The exception would be cases where the mitigating circumstances are so clear from day one that even police and prosecutors recognize the absence of malice – for example, an obvious heat-of-passion killing where multiple witnesses confirm extreme provocation. Even then, the prosecution might still choose to file a murder charge and let the court or a jury decide if it should be reduced. The rationale is that murder carries higher penalties and leverage.

In Los Angeles County, the DA’s office is known for being tough on violent crime, so they are generally reluctant to under-charge a homicide. However, this is where a skilled defense lawyer can later intervene (through negotiation or at trial) to push the charge down to manslaughter if appropriate.

Plea bargaining practices

While Los Angeles prosecutors are tough, they are also practical. The court system here would grind to a halt if every homicide case went to trial. Plea bargaining is a common and necessary part of the process.

Many voluntary manslaughter convictions in L.A. are actually the result of plea deals stemming from original murder charges. Prosecutors will consider a reduction to manslaughter if they see legitimate weaknesses in proving murder or if mitigating evidence comes to light that a jury might sympathize with. For instance, if the defense uncovers evidence that the victim had violently provoked the defendant, or if multiple witnesses support the defendant’s claim of fearing for their life, the DA might conclude that a jury could end up acquitting on murder and convicting on manslaughter anyway. Rather than risk losing the case or getting a surprise from a jury, the prosecution may offer or accept a plea to voluntary manslaughter.

Los Angeles County’s current prosecutorial climate (especially under reform-minded leadership in recent years) has also placed some emphasis on avoiding excessively harsh outcomes when not warranted. This means that in certain cases, DAs have shown willingness to drop special enhancements or forego a murder charge in exchange for a sure plea to manslaughter, particularly if the victim’s family is amenable and justice can be served without a trial. Keep in mind, though: every case is unique. High-profile or particularly heinous cases might see less flexibility.

But for many defendants with sympathetic facts, an experienced Los Angeles defense attorney can often negotiate a voluntary manslaughter deal where the alternative could have been a life sentence for murder.

Common sentencing outcomes

When voluntary manslaughter is achieved as the conviction (either via plea or verdict) in Los Angeles, the sentencing tends to fall within certain predictable ranges.

In a negotiated plea scenario, often part of the negotiation is an agreed sentence or a “lid” (maximum sentence). It’s not unusual, for example, for a defendant who was facing a murder charge (with a potential life term) to plead to manslaughter and receive something like 6 years in state prison, which is the middle term. For a defendant with no prior strikes or serious record, Los Angeles judges might consider the low term of 3 years if the circumstances were very mitigating – though prosecutors often push for at least the mid term to reflect that a life was taken. In cases involving a weapon or especially egregious conduct (even under provocation), prosecutors might insist on the high term of 11 years as part of any deal, or they might add a firearm enhancement to a manslaughter charge (for example, using a gun could add 4, 10, or even 20 extra years under various California gun enhancement statutes).

One trend under L.A.’s recent District Attorney administration has been to limit the use of certain sentence enhancements in general, aiming to reduce overlong prison terms. This could indirectly benefit those charged with manslaughter, as the DA might be less inclined to pile on extra years for things like gun use or prior convictions, compared to past years. Still, violent crimes are taken very seriously – even a progressive DA has faced public pressure to be tough on homicides.

As a result, the most common outcome for voluntary manslaughter in Los Angeles is a multi-year prison term (rather than probation), but one that is dramatically lighter than what a murder conviction would bring. For example, instead of 15-to-life or more on a murder, a defendant might end up with a single-digit-year sentence that provides a clear release date. Additionally, local judges often order defendants to engage in rehabilitation programs (anger management, therapy, etc.) while incarcerated or upon release, reflecting L.A.’s interest in preventing future violence.

The importance of local knowledge

One thing that’s consistent in Los Angeles County is the value of a defense attorney who knows the landscape. Prosecutorial trends can shift with new policies or leadership (for instance, changes brought in by District Attorney George Gascón), and each courthouse or division might handle cases a bit differently. Some units of the DA’s office might be more amenable to negotiating a manslaughter deal, while others (like those handling particularly sensitive cases) may be more rigid.

There are also occasional jurisdictional questions – a crime might span L.A. and a neighboring county, and where it’s prosecuted can influence outcomes. Having a lawyer who is deeply familiar with L.A. County’s prosecutors, who has a reputation for not bluffing and for thoroughly preparing mitigation, can greatly improve the chances of securing a voluntary manslaughter result.

The trend in Los Angeles is that well-prepared defenses and strong negotiations often do succeed in reducing charges. Many homicide cases here ultimately do not go to trial; instead, through diligent work, they are resolved in a way that both the prosecution and defense (and hopefully the victim’s family) can accept – frequently that middle ground is a voluntary manslaughter plea.

Los Angeles County prosecutors will aggressively pursue homicide cases, but they are also open to plea bargaining when the facts justify it. Voluntary manslaughter serves as a critical middle-ground outcome in many of these cases. Understanding these local tendencies and having the right strategy to navigate them can be the difference between spending a few years in prison versus facing decades or life behind bars.

Strategies to reduce a murder charge to voluntary manslaughter

Being charged with murder in California is frightening – the stakes are life-changing – but a murder charge is not always set in stone.

With a skilled defense strategy, it is often possible to have a murder charge lessened to voluntary manslaughter, either through negotiations or at trial. Reducing a murder charge to manslaughter requires presenting compelling evidence of mitigating circumstances and leveraging legal tactics effectively.

In Los Angeles courts, where prosecutors are experienced and juries can be tough, it’s crucial to approach this challenge methodically and persuasively. Here are key legal strategies that an experienced attorney like Robert M. Helfend might use to get a murder charge reduced to voluntary manslaughter:

Emphasizing provocation and emotional distress

A primary strategy is to demonstrate that the defendant acted in the heat of passion or upon severe provocation.

Your attorney will thoroughly investigate the events leading up to the incident to uncover any evidence that you were provoked by the victim or circumstances. This could include witness statements that the victim threatened or attacked you first, evidence of a long history of abuse (if you struck back in a domestic situation), or testimony about some shocking event that triggered your actions. By painting a detailed picture of the emotional state you were in – for example, extreme fear, rage, or despair – your lawyer can argue to the prosecutor (and if needed, to a jury) that any reasonable person might have reacted similarly in that moment. The goal is to humanize your situation and show that the killing was not premeditated or cold-blooded, but rather a result of intense passion or terror.

Convincing the prosecution of strong provocation can lead them to agree that a manslaughter charge (with its lower penalties) is more appropriate than murder. In court, evidence of provocation and emotional distress can also sway a jury to opt for a manslaughter verdict if they see the homicide was an impulsive act rather than a calculated one.

Establishing an honest but unreasonable belief (imperfect self-defense)

Another powerful approach is to show that you genuinely believed you or someone else faced imminent danger, even if that belief was mistaken or excessive. Your attorney will work to extract every detail about why you felt threatened. This might involve your own testimony about what you perceived, expert testimony on human psychology and fear responses, or physical evidence from the scene (for instance, perhaps a fake gun or a shiny object that you mistook for a weapon was found near the victim).

By substantiating that you acted out of self-protection (or defense of another person), we can negate the element of malice required for murder. It’s not about proving you were right – it’s about proving you were sincere in your fear. A Los Angeles prosecutor who sees that the case has shades of self-defense (albeit imperfect) might be inclined to reduce the charge, knowing that jurors often sympathize with someone who believed they were under attack. In a trial scenario, your lawyer will fight to have the judge instruct the jury on imperfect self-defense or defense-of-others.

This instruction allows jurors to consider voluntary manslaughter as a verdict if they find you had a genuine protective motive. Often, jurors are reluctant to brand someone a murderer if they see evidence you were trying to defend yourself or someone else in good faith. Thus, establishing this narrative can be key to securing a manslaughter outcome.

Presenting mitigating evidence and character background

Humanizing you as a defendant and providing context is crucial. Your attorney will gather and present any mitigating evidence about your life and character that could support a reduction in charges. This might include a lack of prior criminal record, a history of being a responsible, peaceful person, or perhaps evidence of past trauma or abuse you’ve suffered (which might have contributed to your mental state at the time of the offense).

In Los Angeles County, prosecutors do consider input from victims’ families and the community; if your lawyer can show that you are deeply remorseful and that the incident was an aberration in your life, prosecutors may feel that a manslaughter conviction adequately addresses justice without needing to push for a murder conviction. Character witnesses, mental health evaluations, and other background information can be brought forward to support this.

Essentially, we aim to show that you are not a cold-hearted killer, but someone who reacted poorly under extreme circumstances. This strategy often dovetails with the provocation/self-defense arguments – it strengthens the overall case that while a tragedy occurred, it was not a murder in the classic sense.

Skillful plea bargaining and negotiation

A significant portion of getting charges reduced happens outside the courtroom, at the negotiation table. Early and proactive plea bargaining can save you from the uncertainty of trial.

The Helfend Law Group often engages prosecutors early in the process, opening lines of communication before positions harden. By sharing the mitigating evidence we’ve gathered and sometimes even bringing in third parties (like mediators or retired judges for a neutral case evaluation), we work to convince the prosecution that a murder trial may not yield a murder verdict – and that settling for voluntary manslaughter is a fair resolution.

As part of these negotiations, we’ll often push for specific terms (for example, agreeing to a certain prison term cap or seeking the lower term in exchange for the plea). Our attorneys are well-versed in the dynamics of Los Angeles courts and have built professional relationships with many prosecutors. We know how to frame a proposal in a way that appeals to both justice and efficiency – for instance, pointing out that a grieving victim’s family might prefer closure with a manslaughter plea rather than endure a prolonged trial, or highlighting aspects of the case that would make a jury trial a risky gamble for the prosecution.

By negotiating from a position of strength (with evidence and legal arguments to back us up), we increase the likelihood that the DA will exercise their discretion to drop the charge down.

Using trial strategy as leverage

While many cases resolve via plea, we always prepare as if going to trial. Sometimes, showing the prosecution that we are fully ready and willing to fight at trial – and that we have a plausible route to a manslaughter verdict – can itself prompt a favorable plea offer.

If we do go to trial on a murder charge, a critical strategy is to secure jury instructions on lesser included offenses like voluntary manslaughter. We will vigorously argue to the judge that the jury must be given the option to consider manslaughter if the evidence supports any theory of provocation or imperfect self-defense. During trial, our lawyers will weave the narrative of mitigation throughout the case: from opening statements to cross-examining the prosecution’s witnesses (e.g., getting witnesses to admit to the victim’s provocative actions or to circumstances that support your fear), to presenting defense witnesses that bolster the heat-of-passion or self-defense claims.

The objective is to give the jury a clear pathway to say, “Yes, the defendant caused this death, but it wasn’t murder.” Juries in Los Angeles, as diverse as the community itself, often understand that life isn’t black-and-white. By the end of the trial, we want them to see you as a human being who made a grave mistake under extreme circumstances – not as someone who deserves a murder label. If the jurors are even uncertain about the malice element, they are likely to compromise on a manslaughter verdict.

This trial leverage feeds back into negotiations: when prosecutors see that the defense case is resonating, they may offer a manslaughter deal mid-trial or even at the close of evidence, rather than risk an outright acquittal or a jury hung on murder.

Why choose Helfend Law Group for homicide defense in Los Angeles

When you are facing a serious charge like murder or manslaughter in Los Angeles, the choice of your defense attorney is one of the most important decisions you will ever make. You need a legal team with the experience, skill, and tenacity to handle high-stakes cases and achieve outstanding results. The Helfend Law Group has built a stellar reputation as one of Southern California’s top criminal defense firms for serious felonies, including homicide cases. Here’s why we stand out as the premier choice to defend you or your loved one against a murder or manslaughter charge:

Over 40 years of proven results

Lead attorney Robert M. Helfend brings more than four decades of criminal defense experience to your case. In that time, he has successfully defended over 4,000 cases, ranging from routine matters to the most complex and serious crimes. This includes countless homicide cases – we have handled first-degree and second-degree murder trials, voluntary and involuntary manslaughter cases, and everything in between. Our track record speaks volumes: clients accused of murder have seen their charges reduced or dismissed, and many have been acquitted outright under Mr. Helfend’s representation. For example, in one recent Los Angeles case, our firm took on a homicide trial where an eyewitness had identified our client as the shooter. After our vigorous cross-examination and presentation of evidence, the jury could not convict on murder; ultimately the case resolved in a greatly reduced charge of voluntary manslaughter with a sentence of time served. This outcome was life-changing for our client. We know how to win tough cases, and prosecutors know that we are never afraid to go to trial to fight for our clients.

Top-notch credentials and recognition

Robert Helfend is not only experienced – he is widely recognized as a top attorney in the field of criminal defense. He has been named to the National Trial Lawyers Top 100 list, has been designated a SuperLawyers honoree in Southern California every year for well over a decade, and has earned a reputation among judges and peers as a highly knowledgeable, ethical, and formidable advocate. Our firm is rated among the leading criminal defense firms in California. These honors matter because they reflect the respect Mr. Helfend has earned in the legal community. When you walk into court with the Helfend Law Group, you are represented by a team that the prosecution knows has the skill to dissect their case and the credibility to persuade jurors. We bring an aggressive, confident approach to every case – but also the finesse that comes with years of practice in Los Angeles courtrooms. We understand the nuances of local court procedure, from the way a particular judge likes things run, to knowing how to connect with a Los Angeles jury made up of our community’s residents.

Comprehensive, personalized defense strategy

At Helfend Law Group, we don’t do one-size-fits-all defense. We know that every homicide case is unique, and we take the time to meticulously evaluate and prepare your case from every angle. Our team will dive deep into the evidence – visiting the scene of the crime, examining forensic reports, interviewing witnesses, and uncovering anything that law enforcement might have missed or glossed over. We also often collaborate with a network of professional resources, including private investigators, forensic experts, medical specialists, and psychologists, to build the strongest possible defense.

If there’s a surveillance video to find, a 911 call to analyze, or an expert opinion that can cast doubt on the prosecution’s theory (for instance, a ballistics expert or a mental health evaluation), we will find it and use it. Most importantly, we work closely with you, the client. We take the time to listen to your account of what happened, to understand your background and the context of your life, and to involve you in strategizing your defense. You will never be just another case number to us. We pride ourselves on client communication – keeping you informed and at ease as we navigate the legal process together. This compassionate, client-centered approach, combined with our legal firepower, is what allows us to craft a defense that is both emotionally compelling and legally solid.

Relentless courtroom advocacy

Should your case proceed to preliminary hearings, trial, or any critical court proceeding, you will have a fierce advocate at your side. Robert Helfend has a well-earned reputation as an aggressive cross-examiner and a persuasive communicator. He has cross-examined hundreds of police officers and expert witnesses in his career, often dismantling the opposition’s case through strategic questioning. Prosecutors in Los Angeles know that if we go to trial, we come prepared. We will object to improper evidence, fight to exclude anything unlawfully obtained (through motions to suppress), and ensure your constitutional rights are upheld at every step. When it’s time to address the jury, we deliver clear, powerful arguments that highlight reasonable doubt and tell your side of the story in a compelling way. Our goal in court is simple: to win – whether that means an acquittal, a hung jury, or a conviction on a lesser charge that spares you from the worst consequences. And even after a trial, if necessary, we are prepared to continue fighting via appeals or other post-conviction relief. Few firms can match our combination of experience, tenacity, and courtroom skill in homicide cases.

Local insight and reputation in Los Angeles County

The Helfend Law Group is a Los Angeles-based firm through and through. We have been serving Southern California for decades and have handled cases in virtually every courthouse in L.A. County. This local focus means we know the terrain intimately – we know how the District Attorney’s office operates, and even how individual prosecutors tend to approach cases. Our attorneys have likely worked opposite many of them before on other matters, building mutual respect. We are also familiar with the juror demographics in Los Angeles, understanding cultural nuances that can be crucial when selecting a jury or framing an argument. Moreover, our familiarity with local judges can be an asset in tailoring legal arguments or negotiating in chambers. Having a home-court advantage in Los Angeles County can make a significant difference in a serious case. We leverage our hometown experience to benefit you at each stage, whether it’s finding alternative sentencing programs that exist in L.A. or knowing precedents from past local cases similar to yours.

When you choose Helfend Law Group, you are choosing excellence, experience, and dedication. We know what’s at stake for you – your freedom, your family, your future. Facing a homicide-related charge is overwhelming, but you do not have to face it alone. Our legal team will stand with you as your champions, using every available strategy to protect your rights and fight for the best achievable outcome. Our past clients often remark on how we gave them back their hope when things seemed darkest. Simply put, our mission is to get you through this crisis and out the other side with your life intact.

Contact Helfend Law Group today

Time is of the essence when you or someone you love is charged with a violent crime. The prosecution in Los Angeles will be working quickly to build a case against you – you need to have a strong defense in place as soon as possible. The sooner our team can start investigating and advocating on your behalf, the better your chances of a favorable result. Don’t wait and risk your rights being compromised. Contact the Helfend Law Group right away for the help you need.

Our firm offers a free, confidential consultation to discuss your case. This initial consultation is your opportunity to talk directly with an experienced Los Angeles criminal defense attorney about the details of your situation. We will listen without judgment, answer your questions, and give you an honest assessment of your options. Even if you’re not sure what to do next, simply reaching out can provide clarity and peace of mind.

To get started, call us at 800-834-6434 today.

Published February 23, 2020. Updated June 19, 2025.

References

  1. California Penal Code § 192. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=192.
  2. 18 U.S.C. § 1112 – Manslaughter. https://www.law.cornell.edu/uscode/text/18/1112