Criminal Defense of negligent homicide in Louisiana is charged in the following circumstances, statute below. A criminal defense trial for negligent homicide is procedurally like any other serious felony, in that it is a very serious charge that takes a tremendous effort and skill level to properly defend.
It is important to note here that there is a difference between what the police charge and what the District Attorney charges. The police arrest people on charges that they determine are the most appropriate under the circumstances. Police officers are not attorneys. The District Attorney will normally take the evidence of arrest and investigation and make a determination as to the proper charge, or the charge that the DA feels he/she can prove at a trial on the matter. What a police officer perceives and what can be proven at trial are often times very different.
This is obviously a very serious charge and requires a very serious criminal defense. This crime is charged most often in the circumstance of criminal negligence., defined at La. R.S. 14:12, as “Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender’s conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.”
And here begins the use of very specific terms, defined by the Louisiana Courts, such as ‘general intent’, ‘specific intent’, ‘gross deviation’, etc… It is without question that you need a criminal defense attorney to closely examine the facts of your case and determine how these legal concepts relate to the evidence in your case. It is essential that you hire someone that has experience with these kinds of charges and someone how has courtroom experience, in terms of challenging these charges and getting the best outcome possible. Do not hire your divorce lawyer, or the tax lawyer your friend knows real well – this kind of charge takes a skilled criminal defense lawyer that has experience taking these matters to trial. We have extensive trial experience, specifically with homicide cases, and can and will take these cases to jury trial.
It is important to note that the person charged with negligent homicide may not have any intent, general or specific, to cause harm, but may have simply had a disregard for the probable, or even possible, consequences of his/her act. And after what many would consider an ‘accident’, faces very serious criminal liability. The law requires more than an accident to convict for negligent homicide, it requires a gross deviation below the standard of care, which is not simply an accident.
If you, or someone you know, has been charged with negligent homicide, hire a skilled criminal defense attorney immediately. Call The Ambeau Law Firm and we will talk honestly about the road ahead and what kind of effort and resources it takes to fight these charges. If we decide to fight this matter together, we will start the fight from the first day, and work diligently to get you the best outcome possible in your criminal defense matter.
La. R. S. 14:32. Negligent homicide
Disclaimer: These codes may not be the most recent version. The Legislature of the State of Louisiana may have more current or accurate information. The Ambeau Law Firm makes no warranties or guarantees about the accuracy or completeness of the information contained on this page – please consult your attorney and/or check official sources.