The Heat Of The Moment
A sudden passion can separate murder from manslaughter, in a legal sense — but, where is that line drawn? On June 3, 2013, the California Supreme Court delivered People vs. Beltran, (124 Cal.App.3d 335). Mr. Beltran shared a residence with Claire Joyce Tempongko and Ms. Tempongko’s son. While the son called Mr. Beltran “Dad,” Mr. Beltran was extremely physically abusive. Witnesses stated that there were death threats in addition to the severe physical violence. After he locked Ms. Tempongko in her bedroom and barricaded the door, Ms. Tempongko obtained a restraining order against Mr. Beltran. But, Mr. Beltran kept an apartment key.
On the night of her death, Ms. Tempongko was bludgeoned and stabbed 17 times. Mr. Beltran was almost immediately arrested for and charged with the crime. According to Mr. Beltran, he argued with Ms. Tempongko on the night she was killed, and that heated argument drove him to commit the crime. Essentially, the jury was faced with the question of what motivated that heinous crime: the past history of violent abuse or the heated argument just prior to the event?
The Rule
The rule that the Court gave Los Angeles criminal defense lawyers to apply in such situations is that provocation is adequate only when it would render an ordinary person of average disposition liable to act rashly or without due deliberation and reflection, and from this passion rather than from judgment. The mere fact that the jury received a manslaughter instruction was highly offensive to many advocacy groups, as well as the California Attorney General.
You should expect nothing less than total commitment and zealous representation from your attorney, which is what we strive to provide at The Law Offices of Arash Hashemi.
At the Law Offices of Arash Hashemi, we provide clients with passionate and experienced representation. If you have been charged with murder or any other crime and would like to schedule an initial consultation with a lawyer at our firm, contact us by phone at (310) 448-1529 or contact us online. We promptly return phone calls and emails. Our office is conveniently located in the Westside Towers in West Los Angeles, within minutes of Santa Monica, Beverly Hills, and Westwood. We have flexible and weekend office hours, and we will visit you in jail to discuss your case.
