Shreveport Criminal Defense: First Degree Murder and Louisiana's Death Penalty

The death penalty is in the news lately as our Governor, John Bel Edwards, has called for an end to the death penalty in Louisiana. This is Edwards' first public stance opposing the Louisiana death penalty. He made his views known during his State of the State address given on April 10, 2023. 

It is unlikely that the Legislature will abolish the death penalty anytime soon. More than half of the fifty States -- including Louisiana -- still have capital punishment for first-degree murder cases. Despite a potential death sentence, Louisiana still has one of the highest homicide rates in the U.S. The death penalty is only possible in first-degree murder cases. 

In this article, the top-rated Louisiana criminal defense attorneys at the Law Offices of Philip B. Adams discuss what first-degree murder is in Louisiana. If you need criminal defense in Caddo Parish or anywhere else in Louisiana, use our Contact Page here.

With respect to homicide, Louisiana divides different types of homicides into traditional levels. There are five levels of homicide in Louisiana which are

• First-degree murder
• Second-degree murder
• Manslaughter
• Negligent homicide
• Vehicular homicide

Each crime is distinct, with varying elements which the prosecuting attorneys must prove. As required across the country, the government must prove all the elements of an alleged crime beyond a reasonable doubt. Only first-degree murder carries a potential sentence of death.

How is first-degree murder defined?

These are the three basic elements that define first-degree murder in Louisiana:

(1) Killing another human being or inflicting great bodily harm that results in death

(2) With "specific intent" (a willful desire to end a person's life; specific intent is a higher standard than having a general criminal intent) AND

(3) Involving one or more of the following:

• Killing for hire
• When the person killed is below the age of 12 or over 65
• When two or more persons are killed
• When the person killed is a taxicab driver
• When the offender has previously acted with a specific intent to kill or inflict great bodily harm that resulted in the killing of one or more persons,
• Killing occurs during the distribution, sale, or exchange of controlled, dangerous substances.
• Killing occurs to prevent or influence testimony or to exact revenge for court testimony or is intended to interfere with court processes
• Involves death or intent to kill Louisiana firefighters, peace officers, or civilian workers who are employed by the Louisiana State Police, judges, correctional officers when acting within the scope of their employment, etc., and/or family members of those listed
• When death results during the commission or during attempts to commit certain other crimes, aggravated kidnapping, second-degree kidnapping, aggravated escape, aggravated arson, aggravated or first-degree rape, forcible or second-degree rape, aggravated burglary, armed robbery, assault by drive-by shooting, first-degree robbery, second-degree robbery, simple robbery, terrorism, cruelty to juveniles, or second-degree cruelty to juveniles

As noted, punishment for first-degree murder can be the death penalty if the district attorney calls for it. Otherwise, the punishment is life imprisonment at hard labor with no parole, probation, or suspension of the sentence.

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. We have the experience and legal knowledge that you need to protect you in your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. 

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