Negligent Homicide in Louisiana

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

What is the penalty for negligent homicide in Louisiana? Negligent homicide under La. R.S. 14:32 carries up to ten years in prison, with or without hard labor, and a fine up to five thousand dollars. If the victim was under ten years old, the sentence is two to ten years at hard labor without benefit of probation, parole, or suspension.

Negligent homicide is the lowest grade of criminal homicide in Louisiana. It often grows out of a tragic accident: a car crash, a firearm mishap, or a dog attack. The line between a terrible accident and a crime is thin, and it is where these cases are fought. This page explains the charge, how the State has to prove it, the defenses, and how we fight it.

Quick answers

What it is: A killing caused by criminal negligence, or by an animal an owner failed to restrain, under La. R.S. 14:32.

The penalty: Up to ten years and a fine up to five thousand dollars. Two to ten years without benefit if the victim was under ten.

The key issue: Criminal negligence is a gross deviation from ordinary care. Simple carelessness is not enough.

What to do first: Say nothing to police. Call a defense lawyer before any questioning. What you say becomes evidence.

What counts as negligent homicide in Louisiana?

The statute covers two situations. The first is a killing caused by criminal negligence. The second is a killing by a dog or other animal, when the owner was reckless and criminally negligent in confining or restraining it.

Criminal negligence is the heart of the charge. It means a gross deviation from the care a reasonable person would use. Breaking a safety law or ordinance is only presumptive evidence, not proof. The State still has to show real recklessness.

Elements the State must prove

To convict, the State must prove each element beyond a reasonable doubt.

• A death. A human being died as a result of the conduct.
• Criminal negligence. The conduct was a gross deviation below the standard of care a reasonably careful person would use. No intent is required, but ordinary carelessness is not enough.
• Causation. The negligent conduct was a substantial factor in causing the death. It does not have to be the only cause.
• Animal cases. In dog or animal cases, the State must also prove ownership and reckless, criminally negligent confinement, and that no statutory exception applies.

The gap between ordinary negligence and criminal negligence is the whole case. The State carries the burden. That is where a real defense begins.

What happens after a negligent homicide arrest in Louisiana?

Say Jill is arrested after a fatal crash. Within seventy-two hours she sees a judge for an initial appearance, where a bond is either set or denied. Because negligent homicide is a felony, the State must formally charge her. If she stays in jail, the State has sixty days to file that charge, under La. C.Cr.P. art. 701.

Then comes arraignment, where Jill enters a plea. After that, the case turns on evidence: accident reconstruction, toxicology, and witness accounts. Early work on that evidence often decides whether this was a crime or an accident.

What are the defenses to negligent homicide?

• Ordinary negligence or accident. The State must prove a gross deviation, not just a mistake. A driver who obeyed the law and reacted reasonably to a hazard has not committed a crime.
• Intervening or contributing cause. If another person’s act, or the victim’s own conduct, was the real cause of death, the chain of causation can break.
• Statutory exceptions in animal cases. The law does not apply to police dogs, search-and-rescue dogs, service dogs, a dog defending against an intruder, or livestock.
• Identity. The State must prove it was your conduct that caused the death. Weak forensic or eyewitness proof can raise reasonable doubt.
• Self-defense. Where the conduct happened while defending yourself, a reasonable fear can defeat the claim of criminal negligence.

How we defend a negligent homicide charge

I have taken more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. These cases turn on the science of cause and fault. We gather the evidence, talk to witnesses, and visit the scene. We work with accident reconstruction, toxicology, and medical experts to test the State’s theory.

Our job is to show the difference between a tragic accident and a crime. Early aggressive representation makes a difference in a homicide case. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

How is negligent homicide different from manslaughter?

The difference is the state of mind. Manslaughter usually involves an intentional killing that is reduced by sudden passion. Negligent homicide punishes extreme carelessness, a gross disregard for human life, with no intent to harm at all. Negligent homicide is the lower grade and carries up to ten years under La. R.S. 14:32, rather than the longer term for manslaughter.

What does the prosecutor have to prove?

The State must prove a death, criminal negligence, and that your conduct was a substantial cause, all beyond a reasonable doubt. Criminal negligence means a gross deviation below the standard of care a reasonable person would use. Breaking a traffic or safety law is only presumptive evidence. The prosecutor still has to prove real recklessness, not ordinary carelessness.

Can I be charged if my dog kills someone?

Possibly. The statute allows a negligent homicide charge when a dog or animal kills a person and the owner was reckless and criminally negligent in restraining it. But the law does not apply to police dogs, search-and-rescue dogs, service dogs, a dog protecting against an intruder, or livestock. Ownership and how the animal was confined are central questions in these cases.

What penalties could I face if convicted?

A conviction carries up to ten years in prison, with or without hard labor, and a fine up to five thousand dollars. If the victim was under ten, the sentence is two to ten years at hard labor without benefit of probation, parole, or suspension. When alcohol and a vehicle contributed to the death, the court has to explain in writing any decision not to impose prison.

Talk to a Louisiana homicide defense lawyer

A negligent homicide charge often follows a tragic accident, and the facts matter enormously. A few questions help us understand your case. Has an arrest already happened? Is this a state or federal matter? Is there forensic, toxicology, or accident-reconstruction evidence involved?

Check Jarrett’s availability for your case or call 225-330-7009. The sooner we start, the more we can do.

Louisiana Negligent Homicide Statute: La. R.S. 14:32

Always verify current statute text at the Louisiana State Legislature. The following is an excerpt.

§32. Negligent homicide
A. Negligent homicide is either of the following: (1) The killing of a human being by criminal negligence. (2) The killing of a human being by a dog or other animal when the owner is reckless and criminally negligent in confining or restraining the dog or other animal.
B. The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.
C.(1) Except as provided for in Paragraph (2) of this Subsection, whoever commits the crime of negligent homicide shall be imprisoned with or without hard labor for not more than ten years, fined not more than five thousand dollars, or both. (2)(a) If the victim killed was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation, parole, or suspension of sentence, for not less than two nor more than ten years…. (3) If the victim was killed by a dog or other animal and the owner… was criminally negligent, the owner… shall be imprisoned with or without hard labor for not more than ten years or fined not more than five thousand dollars, or both.
D. The provisions of this Section shall not apply to [certain law-enforcement dogs, search-and-rescue dogs, guide or service dogs, a dog lawfully protecting a dwelling, business, or vehicle against an intruder, or an attack by livestock].

Source: La. R.S. 14:32 (Louisiana State Legislature). Excerpted; definitional subsection E omitted. Amended by Acts 2024, No. 261.