Homicide

Metairie Homicide Attorney

Representing Defendants as They Navigate Homicide Allegations

When you’ve been arrested and charged with a homicide offense in Metairie or Jefferson Parish, call The Bradley Law Firm right away to schedule an appointment to speak to a Metairie criminal defense lawyer. These are incredibly serious charges that can result in life in prison or even death. Attorney Jarred Bradley is here to help you fight these allegations and protect your freedom.

Understanding the Different Homicide Charges in Louisiana

Many people use homicide and murder interchangeably, but the law makes a clear distinction between the two. Legally, a homicide occurs when one person kills another, regardless of the circumstances surrounding the death. Murder is a specific homicide charge. In Louisiana, there are five main homicide charges defendants can face.

Second-Degree Murder

Second-degree murder is most commonly charged when one person is accused of intentionally killing another. However, it can also apply when someone kills another person without specific intent if the death occurs during another crime, such as rape, arson, or robbery.

A defendant can also be charged with second-degree murder if they unlawfully distributed or dispensed a controlled substance to another person, resulting in their death.

First-Degree Murder

First-degree murder is the most serious of the homicide charges. It also requires the specific intent to cause the death of another person. The main difference between first-degree murder charges and second-degree murder charges is the circumstances of the homicide. First-degree murder charges apply when:

  • Someone intentionally kills another person during the act of a specific violent crime, such as kidnapping or burglary
  • Someone intentionally kills a peace officer, a fireman, or an employee of a crime laboratory while they’re performing their duties
  • Someone intentionally kills more than one person
  • Someone gets paid to kill another person
  • Someone intentionally kills another person who is either under the age of 12 or over the age of 64

These are the most common circumstances for a charge to be first-degree murder over second-degree murder, but it is not an exhaustive list. If you need help understanding your charges and potential defense options, call The Bradley Law Firm today.

Manslaughter

Manslaughter is used when a homicide charge would usually be murder, but there were extenuating circumstances. Either the defendant is believed to have acted in “sudden passion or heat of blood immediately caused by provocation” or they did not have any “intent to cause death or great bodily harm.”

Manslaughter charges can also arise if someone dies in the process of a crime being committed but without the defendant specifically intending to kill the other person. For example, if someone is engaged in a physical altercation with another person and the other person falls, hits their head, and dies, manslaughter charges may be applicable.

Negligent Homicide

Negligent homicide is another charge that reflects that sometimes a homicide happens without the defendant directly intending to cause the death of another person. This charge applies to two main situations. The first is when someone kills another person by acting in a criminally negligent manner. The second is when someone’s dog or other animal kills a human being and the owner is believed to have been negligent when it came to keeping the animal confined or restrained.

Vehicular Homicide

Vehicular homicide is a common charge that happens when someone is arrested for operating a vehicle while impaired, which results in the death of another person. For example, if the impaired driver caused a car accident that killed a passenger in the other car, criminal charges of vehicular homicide can be brought forward in addition to operating a vehicle while impaired.

What Evidence Is Used in Homicide Cases?

Because homicide charges are so serious and carry such significant penalties if someone is convicted, investigators generally need a large amount of evidence to meet the “beyond a reasonable doubt” burden of proof for criminal cases. Physical evidence, such as a weapon or trace evidence from the scene, as well as forensic reports, digital evidence, and witness testimony are all used in these cases.

Potential Penalties for the Criminal Offense of Murder or Manslaughter in Louisiana

Because the state of Louisiana doesn’t divide criminal charges further than into felonies and misdemeanors, each charge’s potential sentence is outlined in the Revised Statutes separately.

Second-Degree Murder

Second-degree murder is punishable by life imprisonment at hard labor. This is without the possibility of parole or probation.

First-Degree Murder

Under Louisiana law, those convicted of first-degree murder are still able to be sentenced to the death penalty if the district attorney is seeking a capital verdict. Alternatively, the sentence for first-degree murder if the district attorney is not seeking a capital verdict is life imprisonment at hard labor without parole.

Manslaughter

A conviction for manslaughter in Louisiana generally carries a prison sentence of up to 40 years at hard labor. However, there are special sentencing circumstances that may apply. If the victim was under the age of 10, the defendant faces a minimum of 10 years.

The state’s three strikes law — formally referred to as the Habitual Offender Law in the Revised Statutes — may also apply, which can result in a life sentence. The three strikes law says that someone can be sentenced to life in prison for certain offenses, including manslaughter, if they have two previous violent felony convictions.

Negligent Homicide

In most cases, criminally negligent homicide is punishable by up to 10 years imprisonment, with or without hard labor, and a fine of up to $5,000. However, if the victim was under the age of 10, a minimum sentence of 2 years is applied, and the sentence is served at hard labor.

Vehicular Homicide

Vehicular homicide is a felony charge in Louisiana, which means it carries significant penalties if convicted, even though the driver was under the influence and likely didn’t intend to hurt anyone. In general, this charge is punishable by 5 to 30 years in prison, with or without hard labor. At least 3 of those years must be served before the offender can be granted parole.

Choosing a Strong Defense Strategy

Due to the severity of homicide charges and the potentially life-altering penalties defendants can face if they’re convicted, it’s important to understand all of the potential defense strategies and the pros and cons of each.

Defense or Self or Property

Louisiana state law allows for justified use of force, including deadly force, if it is in self-defense or defense of property. There is also no mandate to attempt to retreat before using that force. If you can show that you had the reasonable belief that your life was in danger or that someone was trying to unlawfully enter your home, businesses, or vehicle, it could be considered self-defense and, therefore, not a crime.

Lack of Intent

It’s up to the prosecution to determine what charge is supported by the evidence. If the prosecution decides to charge someone with first-degree murder, they can’t reduce it to manslaughter halfway through the trial if the jury isn’t believing their argument for intent. If the charge requires that the defendant acted with intent — such as in first-degree murder and some cases of second-degree murder — a key point in the defense’s strategy can be to argue that this intent was not there.

Mental Incapacity

If the defendant was mentally incapacitated and unable to determine right from wrong at the time of the crime, an insanity plea may be an option. But it’s important to understand that mental incapacity is difficult to prove and is not a get-out-of-jail-free card as it is often portrayed on television and in movies. The cause must be a mental disease or defect, which means that something like being intoxicated to the point of blacking out or having amnesia isn’t enough. Keep in mind that even if a defendant is found not guilty by reason of insanity, they are likely to be committed to a mental health facility to ensure that they can’t pose any further danger to others.

Should Defendants Consider Negotiating a Plea Deal?

A key part of having criminal defense representation is having someone on your side who is experienced in defending those accused of common criminal offenses and serious homicide charges and is able to help you consider all of your options. It’s common for those charged in relation to a homicide to consider a plea deal.

In some cases, it may be possible to have murder charges reduced to manslaughter or negligent homicide or agree to plead guilty in exchange for a lesser sentence recommendation. This isn’t something to enter into lightly, but it can be a viable defense strategy that criminal defense lawyers discuss with their clients.

When you’re facing potential life in prison or even the death penalty, you need a criminal law attorney who is familiar with these types of criminal cases and has a track record of successful outcomes. Call 504-336-1717 to schedule a consultation with attorney Jarred Bradley of The Bradley Law Firm.