How an Accident Can Lead to a Manslaughter Charge Against You

This may seem strange, or even wrong, but legally, it’s true: not every death is a crime (that is, murder or manslaughter). There are times when accidents happen, and deaths occur, and while there can be severe civil (money) penalties if you are sued, the state or prosecutor will not press criminal charges against you when a death is caused by a simple accident.

But then there are times when death is caused accidentally, and it is a crime—specifically, negligent homicide.

That leads to the obvious question of when an accident leading to a death is just an accident, and when it is so careless that it can lead to prosecution for a crime? Read on as our Louisiana manslaughter defense attorney at the Law Offices of Philip B. Adams explains more.

Negligent Homicide or Just an Accident?

The crime is called negligent homicide. And often the difference between what is just negligence in civil court and what is criminally negligent homicide is up to a jury, because it's really a matter of degree.

If you are more than negligent, and act in a way that shows careless disregard for the safety of others, or act so irresponsibly as to almost ensure that injury or death occurs, it is a crime, and the state will charge you with negligent homicide.

As a general rule, mental state doesn’t matter because neither standard, non-criminal negligence, nor negligent homicide, has any intent to actually kill someone—they are both, to some degree, unintended.

What About Manslaughter?

Note that many people refer to death that happens by accident as manslaughter. However, in Louisiana, this is not the case; negligent homicide is its own crime, while manslaughter usually involves a purposeful killing “in the heat of passion,” or with some “provoking event” that would cause a reasonable person to temporarily lose control of his or her ability to control his or her actions.

Examples of Negligent Homicide

Imagine that someone is not paying attention, runs a red light, and kills a pedestrian.

While horrible, and while the victim’s family may be able to sue in civil court, this may be classified as “just an accident.” However, in the same situation, if the driver was under the influence, or the driver had been driving for a very long time and was too tired to drive, and caused the accident, then the driver could be charged with criminal negligent homicide.

In some cases, parents who neglect to feed or care for their children, or otherwise ignore their children, leading to death, are charged with negligent homicide. Pool accidents, where children are left unattended around water and drown, can lead to criminal negligent homicide charges against parents or attendants.

Defending Yourself in Court

Because it is up to the jury to determine where a death “crosses the line” between negligence and criminal behavior, it is all the more important to have strong legal representation to defend yourself against criminal negligent homicide.

Although this crime carries the lowest penalty of all murder or manslaughter charges in Louisiana, 5-10 years depending on the age of the victim, it is nonetheless a very serious charge.

Contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. Our office is in Shreveport, and we handle criminal defense cases throughout Louisiana.