Damico & Stockstill, Attorneys at Law

Understanding manslaughter laws in Louisiana

Serious and fatal incidents unfortunately occur. Whether or not one intends for this to occur, a fatal incident could result in a person facing criminal charges for the death of another person. Homicide crimes range in severity and are based on the details of the crime. However, any homicide charge carries with it harsh penalties and consequences that could significantly impact the personal and professional life of the accused.

In the state of Louisiana defines manslaughter in two different ways. The first is as a homicide that would be categorized as a first degree murder or second degree murder if it were not for the offense being committed in sudden passion or in the heat of moment, caused by provocation that is sufficient to deprive an average person's self control.

The second is when a homicide is committed without the intent to cause death or great bodily harm to a person. This could occur when the accused offender is engaged in the preparation or the attempted preparation of any felony or any intentional misdemeanor that directly affects the person killed. It could also occur when an offender is resisting lawful arrest in such a manner that is not inherently dangerous and would not be considered murder under state law.

Those convicted of manslaughter could be imprisoned for up to 40 years with hard labor. However, if the victim killed was under the age of 10, the offender could face 10 to 40 years of imprisonment without hard labor or the benefits of probation or suspension of sentence.

Whether you are accused of homicide or manslaughter, facing allegations of a violent crime or murder is a serious situation. Therefore, it is critical that defendants take this matter seriously and take timely action to fully understand the situation and how best to defend oneself. By initiating a strong defense strategy, a defendant could have their charges reduced and even dismissed.

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Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Law Office Map