Negligent Homicide in Louisiana

In Louisiana, there is a crime called "negligent homicide." See La. Rev. Statutes, § 14:32. Negligent homicide is defined as the killing of a human being by "criminal negligence." Note that negligent homicide can also be charged in Louisiana if death is caused by a dog or other owned animal. In this article, we will limit our discussion to homicide by a human being.

Negligent homicide is a difficult crime to prosecute (and defend) because of the vague legal definition of "criminal negligence." To aid our explanation, let's look at the definition of non-criminal negligence. Most people have probably heard the term "negligence" in reference to accidents. For example, if two vehicles crash, one of the drivers might be held legally liable for the accident, injuries, and property damage because he or she was negligent. Those kinds of cases are handled by the civil courts. There are no criminal charges because the accident was, well, an accident. No one intended the accident, injuries, or fatalities to happen.

In the civil courts, the victim must prove four legal elements. If negligence is proven, the victim is entitled to compensation. The four legal elements are

• Duty -- for example, every driver has a duty to be careful and obey traffic laws
• Breach of that duty -- for example, failure to be careful or failure to obey traffic laws
• Causation -- the breach led to the accident
• Injuries/damage to property -- the accident resulted in injuries and/or damage to property

For criminal negligence, the same four legal elements must be shown except that the breach is "really bad." Most often, the injuries/damage to property must also be "really bad." In terms of the breach, "really bad" is often conceptualized as a reckless disregard for safety and life or knowingly ignoring obvious risks to safety and life. The behavior at issue is often defined as "shocking" to most people. More legalistically, it might be said that criminal negligence involves conduct that grossly deviates from the standard of care that should be exercised by a reasonable person.

For example, if a driver is speeding, that driver is behaving negligently since there is a duty to obey speeding laws. In all honesty, most drivers drive faster than the posted speed limit (at least occasionally). Mostly, the excessive speed is 10, 15, maybe even 20 miles per hour over the speed limit. Most of us would not consider that breach of duty to be reckless, shocking, or a gross deviation from how a "reasonable person" would drive. But what about driving 30, 40, or 50 miles an hour over the speed limit? Most of us would say that is reckless. If a crash happens, it would not be construed as an "accident" but rather as a logical and foreseeable result of that sort of reckless driving. Then, if the crash killed several people, we would not be surprised if criminal charges were filed.

Potential punishments

If convicted of negligent homicide in Louisiana, the general potential punishments are jail time of up to 5 years and a fine of up to $5,000. If the person killed is under ten years old, the minimum sentence is two years.

Contact A Louisiana Criminal Defense Attorney Today

For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, 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. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.

​