Heat of passion or sudden passion is any intense, emotional excitement that prompts violent and aggressive action, such as rage, anger, hatred, furious resentment, fright, or terror that would cause an ordinary person to act on impulse and without reflection. When a crime such as murder is committed in the heat of passion and in response to a provocation—as opposed to being premeditated or deliberated—the provocation may serve as a partial defense to the crime by eliminating the premeditation element of a murder charge (also known as malice or malice aforethought), reducing the charge to manslaughter, for example.

The classic example of heat of passion provocation is when a spouse or lover finds his or her partner in an intimate place or sexual act with another person and shoots, stabs, or otherwise kills or attempts to kill one or both of them. The heat of passion defense is only available when the defendant reacts immediately to the provocation and without cooling off. If, for example, the defendant leaves and returns 30 minutes later to kill the cheating spouse, the heat of passion defense may not be available.

And in some states the heat of passion defense may also apply when the defendant had the honest but unreasonable belief he was confronted with deadly force, and used deadly force to defend himself.

Laws regarding the availability of the heat of passion defense vary from state to state. Some state laws downgrade a murder charge to manslaughter when the crime was committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. These laws are generally located in a state’s statutes—often in the penal or criminal code.

And even when a partial defense of heat of passion or extreme mental or emotional disturbance may be available to a defendant, a conviction for manslaughter can carry a lengthy prison term and other serious consequences.

In West Virginia, the concept of 'heat of passion' or 'sudden passion' is recognized as a mitigating factor in criminal cases, particularly those involving homicide. When a person commits a crime such as murder under the influence of a sudden and intense emotional state, such as rage or terror, that would cause an ordinary person to act impulsively, this may reduce the severity of the charge from murder to manslaughter. This is because the element of premeditation, or malice aforethought, is negated by the immediate reaction to a provocation. West Virginia law acknowledges that an individual may act in the heat of passion upon sufficient provocation, and if the individual has not had time to 'cool off,' this can lead to a lesser charge. However, if there is a significant delay between the provocation and the act, the defense may not be applicable. The specifics of how this defense is applied can be found in the state's penal or criminal code, and while it may reduce the charge, a conviction for manslaughter still carries serious penalties, including a potential lengthy prison sentence.