Manslaughter in Louisiana
In Shreveport, Louisiana, manslaughter is a lesser offense than first or second-degree murder. Manslaughter still involves the killing of a human being, but often with circumstances showing that "heat of blood" or passion occurred. A typical example is when a husband comes home and finds his wife in bed with another lover and kills the lover in rage.
In this article, the experienced Shreveport criminal defense attorneys at the Law Offices of Philip B. Adams discuss the elements and potential criminal defenses for the various types of manslaughter charges. Note that a conviction for manslaughter can result in a prison term of up to 40 years. In contrast to a capital murder charge, there is no potential death penalty for manslaughter.
What is manslaughter in Louisiana?
In Louisiana, the crime of manslaughter is defined in La. Rev. Stat. § 14:31. There are three sections that define the four basic circumstances where manslaughter can be charged.
Manslaughter as a "crime of passion"
The first circumstance where manslaughter can be charged is when there is intent to kill, but the person doing the killing has been provoked sufficiently to have lost his or her reason. The statute uses the phrasing that the killing "... is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection." Note that there are five elements in this definition: passion/heat of blood, immediacy, provocation, provocation sufficient to create passion/heat of blood, and the provocation must be of the sort that an average person would be affected. The "immediacy" element is important since the statute goes on to provide that if the jury finds that enough time passes for the passion to cool, then the crime is homicide, not manslaughter.
Manslaughter while committing felony or misdemeanor crimes
The second and third circumstances where manslaughter can be charged is when there is NO intent to kill (or cause great bodily harm), but the person doing the killing is (i) either engaged in certain felonies or intentional misdemeanors which would not result in a charge of murder or (ii) is resisting arrest by means, or in a manner, that is not inherently dangerous. In effect, these might be considered "accidental" killings where the person is engaged in a crime. In the absence of a crime, such might be charged as negligent homicide or might simply be deemed accidental homicide.
Manslaughter while committing a crime of violence
The final circumstance where manslaughter can be charged is when there is NO specific intent to kill, but the person is intentionally committing a crime of violence. Again, these cases might be considered "accidental" killings except for the fact that the person is engaged in a crime. For this crime, in addition to other elements, the prosecutors must prove that the defendant was
Committing or attempting to commit any crime of violence
That, as part of a continuous sequence of events, the death of a human being results
Where it was foreseeable that the offender's conduct could result in death
Note that when a homicide occurs, Louisiana prosecutors will often charge as many murder/homicide charges as possible. Thus, deeply knowledgeable criminal defense is needed to optimally defend each charge.
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.