In Louisiana, there are three main categories of homicide, first-degree murder, second-degree murder, and manslaughter.
First-degree murder is murder when it includes an aggravating circumstance. For instance, a first-degree murder would include:
• A murder where the offender was also engaged in a kidnapping, escape, arson, rape, burglary, robbery, terrorism, or cruelty to juveniles
• A murder where the victim was a policeman or fireman in the lawful performance of his duties
• A murder where more than one person was killed
• A murder where the offender has received anything of value for the killing
• A murder where the victim is under 12 or over 65
• A murder while engaged in the distribution or purchase of illegal drugs
• A murder which is committed in violation of a restraining order prohibiting contact between the offender and the victim
• A murder where the victim is a witness to a crime and the murder is committed to prevent the witness from testifying or for the purpose of seeking retribution or revenge
If you are charged with First Degree Murder, you are eligible for the death penalty. If the death penalty is not sought, the term of imprisonment is life without the possibility of probation, parole or suspension of sentence.
Second Degree Murder is the killing of a human being that doesn’t meet the aggravated factors necessary for First Degree and doesn’t happen in sudden passion to fall under Manslaughter.
The penalty for Second Degree Murder is Life without the possibility of probation, parole or suspension.
Manslaughter is a murder committed under certain mitigating circumstances. Manslaughter is a homicide which would ordinarily be second-degree murder, except that it was committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control or cool reflection.
Contact an experienced Louisiana Criminal Defense Law Firm, The Burrell Firm LLC.
If you need help in New Orleans, Monroe, Lincoln Parish, Union Parish or Jefferson Parish in reference to a murder charge, we are your guys.
Contact The Burrell Firm LLC today at 504-533-0006