In Louisiana, homicide charges are the most severe charges a person can face. Louisiana supports capital punishment, and those convicted of first-degree murder can face the death penalty. Certain circumstances, such as the killing of a police officer or murders involving financial gain or hate crimes, can elevate first-degree murder to capital murder, which may subject the perpetrator to the death penalty.
Homicides can be split into two distinct categories: murder and manslaughter. While both result in the death of another person, manslaughter is often unintentional or not premeditated. This is a small yet crucial distinction that can alter the severity of a homicide sentence. If you are facing a murder or manslaughter charge, it is essential to partner with an experienced criminal defense attorney in Louisiana. Your attorney will make sure you understand the charges against you, negotiate on your behalf, and help you craft a solid defense strategy.
Understanding Murder and Manslaughter
Murder and manslaughter are two types of homicide charges that have distinct differences in terms of intent, severity, and consequences. Understanding the nuances between these two charges is crucial for individuals facing such allegations.
While both charges involve the unlawful killing of another human being, the key differences lie in the intent and circumstances surrounding the act.
Types of Murder
Murder is the intentional and unlawful killing of another human being. There are several types of murder charges, each with varying degrees of severity.
First-Degree Murder
First-degree murder is the most severe type of murder charge. It involves premeditation, deliberation, and intent to kill. This type of murder is typically punishable by life imprisonment or even the death penalty. First-degree murder charges often require the prosecution to prove that the defendant planned and executed the killing with malice aforethought. The deliberate and calculated nature of first-degree murder makes it one of the most serious criminal offenses.
What is the Definition of Second Degree Murder in Louisiana?
There are two types of murder in Louisiana: first and second-degree murder. A murder that is premeditated with the intent to kill or cause drastic bodily harm is second-degree murder. However, there are certain circumstances that move a charge into the more severe first-degree, such as committing certain violent felonies while carrying out the murder. Some of the felonies that can escalate a homicide charge to first-degree murder include:
- Rape
- Arson
- Burglary or robbery
- Kidnapping
- Aggravated escape
- Assault by drive-by shooting
- Cruelty to children
- Terrorism
- Attempted murder, especially against a police officer
Additionally, a homicide charge can be classified as first-degree murder if the murder resulted in the death of multiple people. Murdering civil servants such as police officers or firefighters can also escalate the charge. Attempted murder against a police officer is considered a serious offense and can lead to severe penalties.
Felony Murder
Felony murder is a type of murder charge that occurs when a person is killed during the commission of a felony, such as robbery or burglary. This type of murder charge does not require the prosecution to prove intent to kill, but rather that the defendant was involved in a felony that resulted in the death of another person. Felony murder charges can be punishable by life imprisonment or even the death penalty. The rationale behind felony murder is that individuals committing dangerous felonies should be held accountable for any resulting deaths, even if unintentional.
What is the Definition of Voluntary Manslaughter in Louisiana?
Unlike murder, manslaughter is not a premeditated homicide. If the homicide is committed in a heat of passion after provocation, it would be classified as manslaughter rather than murder. Involuntary manslaughter involves the unintentional killing of another person due to criminal negligence or recklessness.
The provocation must be severe enough that a person could lose control of their inhibitions or common sense in the heat of the moment. However, the homicide must occur immediately after the provocation. If the person waits and then commits the homicide, it would be premeditated and classified as a murder.
Types of Manslaughter
Manslaughter is the unlawful killing of another human being without malice aforethought. There are two types of manslaughter charges: voluntary and involuntary.
Voluntary Manslaughter
Voluntary manslaughter occurs when a person kills another without premeditation but under circumstances. In voluntary manslaughter cases, the defendant may have gotten into a situation that would cause a reasonable person to become emotionally or mentally disturbed. This type of manslaughter charge often involves a heat-of-the-moment killing, such as a crime of passion.
Voluntary manslaughter charges are typically punishable by a prison sentence, but the length of the sentence can vary depending on the jurisdiction and the circumstances of the case. The key element here is that the killing occurred in a moment of intense emotion, without prior intent to kill.
Involuntary Manslaughter
Involuntary manslaughter often involves scenarios such as drunk driving accidents, where the perpetrator did not intend to cause harm but acted with a disregard for human life. Criminal negligence involves actions that a reasonable person would recognize as creating a significant risk of death or serious injury, such as DUI incidents. Involuntary manslaughter specifically refers to unintentional killings resulting from criminal negligence.
The Penalties for Murder and Manslaughter in Louisiana
If you are convicted of second-degree murder, you will automatically face a life sentence in prison without a possibility for release. Those convicted of first-degree murder face the same fate, with the added possibility of the death penalty for their crimes. First-degree murder is the only charge in Louisiana subject to the death penalty. Both murder and manslaughter charges involve serious legal consequences due to the disregard for human life.
Manslaughter charges are less severe but can still drastically damage your life. Manslaughter sentences can be up to a maximum of 40 years in prison with hard labor. If the victim was under ten years of age, the sentence could be increased to 50 years.
Partner with an Experienced Louisiana Murder Charges and Manslaughter Defense Attorney
Both murder and manslaughter convictions lead to hard prison sentences or even death. It is vital to contact a skilled defense attorney as soon as you suspect you are being investigated for murder or manslaughter for the best chance at a successful case. Eric G. Johnson of the John D. & Eric G. Johnson Law Firm is a skilled criminal defense attorney who has tried all kinds of homicide cases in Louisiana.
Attorney Johnson is committed to fighting for his clients’ rights and has a reputation across the state for providing quality representation and winning cases. Call our office at (318) 377-1555 or fill out our contact form today to schedule a free and confidential consultation.