Second Degree Murder Defense Lawyer in Louisiana

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

How do you fight a second degree murder charge in Louisiana? You attack every element the state must prove: specific intent, or the underlying felony, plus causation and identity. You also test the forensic evidence and any statements. The aim is reasonable doubt, or a verdict on a lesser charge like manslaughter.

Second degree murder carries a mandatory life sentence, without parole. There is no sentencing range to argue over and no discretion for the judge to show mercy. The entire defense, from the first day, is aimed at the elements: making the state prove what it has to prove, and showing where it cannot.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. When a life sentence hangs on the evidence, the evidence is exactly where I concentrate.

Quick answers

• The charge: second degree murder under La. R.S. 14:30.1.
• The penalty: mandatory life at hard labor, without parole, probation, or suspension.
• The key issue: whether the state can prove specific intent or the underlying felony beyond a reasonable doubt.
• What to do first: say nothing to police and get a trial lawyer involved right away.

How second degree murder is charged in Louisiana

La. R.S. 14:30.1 gives the state more than one route. It can pursue an intentional-killing theory, where it must prove specific intent to kill or to inflict great bodily harm. Or it can pursue a felony murder theory, where a death during a listed felony is enough regardless of intent. It can also charge a death caused by illegal drug distribution. Knowing which theory the state is using shapes the entire defense.

Elements the State must prove

To convict, the state must prove one of the following beyond a reasonable doubt:

• Specific intent to kill or to inflict great bodily harm; or
• A qualifying felony, meaning the death occurred during one of the felonies listed in the statute; or
• A drug-distribution death, where an unlawfully distributed controlled substance directly caused the death; and
• Causation and identity, that the defendant’s act caused the death.

What happens after a second degree murder arrest in Louisiana?

Take a man named Marcus. Within seventy-two hours of arrest he has an initial appearance, where bond is addressed and may be denied. Because the offense is punishable by life, the state has 120 days to indict if he remains in custody. Then arraignment, the motions phase, and trial. In the motions phase we test the searches, the statements, and the forensic evidence, and that is where a case like this is often shaped.

What are the defenses to second degree murder?

Common defenses include:

• No specific intent, supporting a lesser verdict such as manslaughter.
• Self-defense or defense of others, where the state must prove the killing was not justified.
• Sudden passion or heat of blood, which can reduce the offense to manslaughter.
• Attacking the underlying felony in a felony murder case, which can collapse the murder theory.
• Misidentification and unreliable forensics, testing eyewitness identification, DNA, and ballistics.

How we defend a second degree murder charge

Because I am a court-qualified forensic DNA expert, I examine the state’s scientific evidence at the level of the raw data, not the summary. Where a case rests on DNA, ballistics, or a confession, that is where it is often decided. More on our forensic DNA page.

We also 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 case for trial. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

How do you fight a second degree murder charge in Louisiana?

You fight it by attacking each element the state must prove. If it is an intentional-killing theory, that means challenging specific intent. If it is a felony murder theory, it means challenging the underlying felony. Add to that testing the forensic evidence, the identification, and the lawfulness of any statements or searches. The goal is reasonable doubt, or a verdict on a lesser charge such as manslaughter.

Is there any parole for second degree murder in Louisiana?

For adults, no. La. R.S. 14:30.1 sets a mandatory life sentence without benefit of parole, probation, or suspension of sentence. That is why the case must be won on the merits at the trial level, rather than hoping for relief later. There are separate rules for defendants who were juveniles at the time, which a lawyer can explain for a specific case.

Can I be charged with second degree murder if I did not pull the trigger?

Yes. Under the felony murder rule and the law of principals, you can be charged if a death occurred during a felony you participated in, even if someone else caused it. That makes the strength of the underlying felony charge, and the extent of your actual involvement, critical issues that a defense lawyer will investigate closely.

What is the difference between second degree murder and manslaughter?

Second degree murder involves intent or a qualifying felony. Manslaughter under La. R.S. 14:31 applies when a killing that would be murder happened in sudden passion or heat of blood after adequate provocation. Manslaughter carries a term of years instead of mandatory life, so establishing the facts that support it can be the difference between a fixed sentence and life in prison.

Talk to a Louisiana second degree murder 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 a loved one is facing a second degree murder charge, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

Second degree murder is charged under La. R.S. 14:30.1. Statutes change, so verify the current text at the Louisiana State Legislature. It covers an intentional killing, a death during certain enumerated felonies, or a death caused by unlawful drug distribution, and is punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

Source: La. R.S. 14:30.1, as amended through Acts 2025, No. 343.

Related resources: see our broader Louisiana murder defense practice and meet our attorneys.