Why the Heat of Passion Defense is Such a Risk

Posted by Joseph D. Lento | Jul 17, 2019 | 0 Comments

In our last blog post, we detailed Pennsylvania's heat of passion defense and how it would likely come up if charges were filed over a thwarted kidnapping.

Here, we'll explain the differences between complete and partial defenses, and point out why the heat of passion defense cannot lead to an acquittal.

Thwarted Kidnapping and the Heat of Passion Defense

The real-life situation unfolded like this: a women left her car running with her three children inside while she went into the Philadelphia pizza parlor where the father worked. During the few minutes she was inside, a man jumped into the car and sped off. However, he quickly got stuck in traffic, allowing the sprinting parents to catch up.

The father then pulled the driver out of the car and began beating him. Other bystanders joined in once they heard what had happened.

The kidnapper ended up dying from his injuries.

None of the children were hurt.

Even though the incident involved the intentional killing of another person – the definition of a homicide – prosecutors have not yet filed charges.

Complete Versus Partial Defenses

People who have been accused of a crime can raise certain legal defenses that invoke their rights or show that the crime was either justifiable or somehow excusable.

Some of those legal defenses are complete defenses. If a complete defense is proven, the result is an outright acquittal on the criminal charge.

Other legal defenses, though, are only partial defenses. If a partial defense is proven, the charges or the sentence are only reduced, not thrown away.

The Heat of Passion Defense is Only a Partial Defense

One of the most important aspects of the heat of passion defense in Pennsylvania is that it is only a partial defense. If you can prove that you only committed the crime because you were acting in the heat of passion, you are implicitly admitting to the criminal charge while claiming it was at least partially excusable.

For example, in murder cases, a successful heat of passion defense does not mean that all charges will be dropped or that the jury will acquit you of all charges. Instead, it will usually mean that the murder case will be dropped, but it will be replaced by a manslaughter charge.

This is why prosecutors will frequently charge murder suspects with both murder and manslaughter. If the defendant proves that they were acting in the heat of passion, the murder charge goes away, but the manslaughter charge remains the same.

Philadelphia Criminal Defense Attorney Joseph D. Lento

Choosing to pursue a heat of passion defense comes with pros and cons. Often the biggest con is that it impliedly admits that you committed the crime. In many cases, this can still be worth it as the defense can drastically reduce the penalties of a potential conviction. In other cases where you have several different legal options at your disposal, it can be a risky defense to make.

Criminal defense lawyer Joseph D. Lento knows this and can raise the heat of passion defense only when it is necessary and wise. Call his Philadelphia law office at (215) 535-5353 or contact him online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.