Murder refers to taking the life of someone else and it has high consequences and ramifications of someone who is accused of such a crime. This goes to their family and the family of the victim who was murdered. The Louisiana laws recognize about 5 different charges which are known as murder chargers.
These charges are quite serious. You need an experienced lawyer or a great team of legal counsel which would serve as the most effective asset for someone who is accused. The Barkemeyer Law Firm can provide anyone with such charges with expert advice that is necessary to handle these matters.
To understand the Louisiana Murder laws in Jefferson Parish, the following topics will be discussed:
- How does Louisiana Law define Murder?
- What is the Difference between a Homicide, Murder, and Manslaughter?
- What are the Penalties if someone is found guilty of Murder in Jefferson Parish?
- How can one Defend themselves against Murder Charge in a Louisiana Court?
- Importance of Great Legal Counsel
How does Louisiana Law define Murder?
Obtained from LSA-R.S. 14:29, Louisiana Homicide Law defines murder to be the killing of a person being by the procurement, act, or culpable ending of the life of another human being. Criminal homicide is of five different grades:
- Murder of Second-degree.
- Murder of First-degree.
- Negligent homicide
- Vehicular homicide.
(1) Louisiana First Degree Murder Law
Obtained from LSA-R.S. 14:30.
What is the difference between a Homicide, Murder, and Manslaughter?
Homicide refers to the killing of someone by another. It is mostly illegal. Soldiers at war cannot commit homicide and not commit a crime. Citizens kill people who barge into their homes without committing a crime. So, what is the difference between a legal homicide from an illegal murder? And, what makes one killing another person murder and someone else manslaughter?
Murder is known as a homicide that is fine with malice aforethought. It does not mean it is killing maliciously. Malice aforethought is known to be killed without being justified. For killing to be a murder there needs to be an intention to kill or at least conduct which could be punished like murder
While Manslaughter refers to a crime that is not as severe as murder. There is voluntary and involuntary manslaughter. In the heat of passion, voluntary manslaughter could happen or under extreme provocation. You might not intend to kill but to do something else. While involuntary manslaughter is caused by an act of recklessness that could lead to the death of someone else.
This could be caused by driving while intoxicated or driving under the influence.
What are the Penalties if someone is found guilty of Murder in Jefferson Parish?
Death of life imprisonment are penalties to be faced if you are convicted of First-degree murder in Louisiana which is stated under the capital portion of the Louisiana statutes. Life imprisonment with hard labor and there wouldn’t be a benefit of probation, parole, or suspension of sentence. The jury resides on your case and they decide if it would be life imprisonment or death. If you are convicted of second-degree murder you would suffer life imprisonment and there won’t be a benefit of your sentence being suspended, probation, or parole. These provisions are from C.Cr.P. Art 782 and are close to cases in which the punishment could be capital and they shall apply.
If the residing DA does not go forward and seek a capital verdict, the offender would suffer hard labor-backed up with life imprisonment and there would be no benefits of suspended, probation, or parole. These are provided from C. Cr.P. Art 782 which are close to cases in which punishment has to be confined to hard labor and they must apply.
As provided from the Louisiana Law statutes, make sure you don’t face legal murder charges alone. The Barkemeyer Law Firm is available to help you. If a loved one or you need to hire a legal team, contact the firm for help.
How can one Defend themselves against Murder Charge in a Louisiana Court?
There are defences available for first-degree murder. As a defendant, you could argue that you did not commit the murder and that the police have the wrong person. You could also argue that after the killing was done they justified themselves by legal justification or circumstance. Also, a defendant could argue that they are not the ones who committed the killing because some of the specific elements of the crime were not met.
Also, another available defense could be mistaken identity. You as a defendant could argue you are not the one who murdered the person. And argue that the prosecuting team has charged someone who did not commit the murder. Someone with this point of argument would do so and succeed if there is a possible alibi which could be supported with proper evidence of being away when the murder happened.
More arguments like mistaken identity defense could include issues gotten from getting evidence while trying to put the defendant in another place away from the crime scene. This could include issues when it comes to identifying the witnesses and problems while the forensics are scanning the body of the one who was murdered. A defense of mistaken identity could also point to evidence that would implicate another suspect possibly, but most courts do not require you as a defendant to do so.
You could argue with the fact that the prosecuting team fails to prove all the elements necessary for you to have committed the murder. Because First-degree murder is a special crime with special elements. And they all must be proven without any doubt that it was committed.
Elements of First-degree murder include;
- The killing of someone else;
- Having the intention to do so;
- Being deliberate about it and
Importance of Great Legal Counsel
Murder is a very serious criminal charge, get help from the Barkemeyer Law Firm to help prevent spending life in prison due to a murder charge. You’ll be glad you did.
3900 N. Causeway Blvd., Suite 1200
Metairie, LA 70002