In Shreveport, Louisiana, first-degree murder carries a potential death sentence. By contrast, second-degree murder carries a life sentence without parole. The crimes are similar in that the death of a human being and intent is required. However, first-degree murder involves various defined "other factors," such as the killing of a police officer or a killing for hire. In this article, we will discuss the elements and defenses for second-degree murder. If you are arrested and charged with second-degree murder, contact an experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.
What is second-degree murder in Louisiana? Second-degree murder in Louisiana is criminalized by La. Rev. Stat. § 14:30.1. There are three basic circumstances in which second-degree murder can be charged. These are General second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) With "specific intent" -- this is a willful desire to end a person's life (or cause great bodily harm) OR Felony murder second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) When the offender is engaged in the perpetration or attempted perpetration of any of the following crimes: aggravated or first-degree rape, forcible or second-degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second-degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first-degree robbery, second-degree robbery, simple robbery, cruelty to juveniles, second-degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm OR Drug death second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) When the offender unlawfully distributes or dispenses controlled dangerous substances (drugs) or distributes/dispenses to another who subsequently distributes or dispenses such controlled dangerous substances, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance. Punishments As noted, the death sentence is not available for those convicted of second-degree murder in Louisiana. In Louisiana, being convicted of second-degree murder results in life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. Potential Defenses Potential defenses include a number of criminal defenses that apply to many different types of crime. These include various innocence defenses like alibi and misidentification. Other defenses might be based on constitutional rights and/or police procedure. Still, other defenses might hinge on the elements of the crime and the prosecutor's failure to prove it. For example, can the prosecutors prove beyond a reasonable doubt that the killing was done by the accused (as opposed to some form of natural death)? As another example, with drug death second-degree murder, the prosecuting attorneys might not be able to prove that "your" alleged drugs were the ones that directly caused the death of the person involved. After all, at some point, "your" alleged drugs left your possession, and who is to say that "your" drugs did not get mixed up with other drugs? Plus, of course, it is difficult to prove that the alleged drugs were the "direct" cause of death. As another example, with felony murder and second-degree murder, the prosecutors may have difficulty proving the perpetration or attempted perpetration of the predicate crime. Contact A Louisiana Criminal Defense Attorney Today For more information, 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. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Comments are closed.
|
Archives
September 2024
Categories |