Louisiana Homicide Defense

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What are the grades of homicide in Louisiana? Under La. R.S. 14:29, homicide is the killing of a human being by another, and it comes in five grades: first degree murder, second degree murder, manslaughter, negligent homicide, and vehicular homicide. The grade the state charges decides everything about the penalty.

Being investigated for a death is the most serious thing that can happen to a person in the criminal system. Louisiana divides these cases into five grades, and the distance between them is enormous. One grade means a mandatory life sentence. Another can be resolved with probation. Which grade the state pursues, and whether it can prove it, is the whole fight.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. In a homicide case, the forensic evidence and the fine line between the grades are where the case is decided.

Quick answers

• What it is: the killing of a human being by another, divided into five grades under La. R.S. 14:29.
• The range: from mandatory life or death for murder down to a term of years or probation for negligent homicide.
• The key issue: which grade the facts support, and whether the state can prove intent or negligence beyond a reasonable doubt.
• What to do first: stay silent with police and call a Louisiana trial lawyer before any questioning.

The five grades of homicide in Louisiana

Each grade has its own statute, its own elements, and its own penalty range:

• First degree murder (La. R.S. 14:30): an intentional killing joined with an aggravating factor. Punishable by death or life. See our first degree murder page.
• Second degree murder (La. R.S. 14:30.1): an intentional killing, a felony murder, or a drug-distribution death, carrying mandatory life. See our second degree murder page.
• Manslaughter (La. R.S. 14:31): a killing in sudden passion or heat of blood, or during certain lesser felonies. See our manslaughter page.
• Negligent homicide (La. R.S. 14:32): a death caused by criminal negligence. See our negligent homicide page.
• Vehicular homicide (La. R.S. 14:32.1): a death caused by an impaired or intoxicated driver. See our vehicular homicide page.

What happens after a homicide arrest in Louisiana?

Take a man named Marcus. Within seventy-two hours of arrest he has an initial appearance where the court addresses bond. In a murder case bond may be denied. If he stays in custody, the state has 120 days to indict for an offense punishable by death or life, and 60 days for other felonies. Then comes arraignment, the motions phase, and trial. The motions phase is where we test the searches, the statements, and the forensic proof, and where a homicide case is often shaped.

How we defend a homicide case

Because I am a court-qualified forensic DNA expert, I dig into the science behind the state’s theory. Cause of death, time of death, DNA, and ballistics are often argued as if they were certain when they are not. I read the underlying lab data, not just the summary report. You can learn more on our forensic DNA page.

We also do the ground work that shapes a defense. We gather the evidence, talk to witnesses, and visit the scene, and we build the timeline the state would rather ignore. With more than sixty felony jury trials to verdict, we prepare every homicide case for trial from day one. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What are the grades of homicide in Louisiana?

Louisiana law recognizes five grades under La. R.S. 14:29: first degree murder, second degree murder, manslaughter, negligent homicide, and vehicular homicide. They range from an intentional killing joined with an aggravating factor down to a death caused by criminal negligence. The grade the state chooses controls the penalty, from a fine or probation up to mandatory life or death.

What is the difference between murder and manslaughter in Louisiana?

Murder requires either specific intent to kill or a death during a listed felony. Manslaughter under La. R.S. 14:31 covers a killing that would be murder but happened in sudden passion or heat of blood, provoked in a way that would deprive an average person of self-control. Manslaughter carries a term of years rather than mandatory life, so moving a case from murder to manslaughter can change everything.

Can a homicide charge be filed if the death was an accident?

It can. A death that was not intended may still be charged as negligent homicide under La. R.S. 14:32 or vehicular homicide under La. R.S. 14:32.1 if the state believes criminal negligence or impaired driving caused it. Whether the facts actually meet the legal standard for criminal negligence, rather than ordinary accident, is often the central battle in these cases.

How long does the state have to indict in a Louisiana homicide case?

Under Code of Criminal Procedure article 701, if the accused is held in custody the state generally has 120 days to obtain an indictment for an offense punishable by death or life imprisonment, and 60 days for other felonies. Missing that deadline can entitle the accused to release on their own recognizance while the case continues.

Talk to a Louisiana homicide defense lawyer

A few quick questions help us understand your situation: Has an arrest already happened? Is the case in state or federal court? Does the evidence involve forensic or DNA testing? If you or someone you love is under investigation for a death, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

The following reflects La. R.S. 14:29. Statutes change, so verify the current text at the Louisiana State Legislature. Homicide is the killing of a human being by the act, procurement, or culpable omission of another, and criminal homicide is of five grades: first degree murder, second degree murder, manslaughter, negligent homicide, and vehicular homicide.

Source: La. R.S. 14:29.