In Louisiana, second degree murder is defined in La. R.S. 14:30.1 as the killing of a human being when (1) the offender has a specific intent to kill or to inflict great bodily harm; or (2) when the offender is engaged in the perpetration or attempted perpetration of specifically certain felony crimes including, but not limited to, first or second degree rape, aggravated arson, aggravated or second degree kidnapping, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, terrorism, and other offenses listed in the statute, even though he has no intent to kill or to inflict great bodily harm; or (3) when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance; or (4) when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
Suppose you or someone you love is facing a charge of second degree murder. In that case, you should immediately contact David E. Stanley, APLC, a highly skilled, knowledgeable, and experienced criminal defense attorney.
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What You Need to Know About
Second Degree Murder in Louisiana
What Are Some of the Second Degree Murder Scenarios in Louisiana?
Second degree murder can occur in several different and distinct ways. Some of which require the killing of a human being when the offender has a specific intent to kill, or to inflict great bodily harm, on the victim. An example might be when two people get in a fist fight outside of a bar, and one of them attempts to stop fighting, and withdraw from the fight, but the other person goes to his car, pulls out a firearm, and shoots the other unarmed person involved in the fight
Second degree murder can also occur when the offender is engaged in the commission, or attempted commission of another serious felony crimes such as first or second degree rape, aggravated or second degree kidnaping, aggravated burglary, or armed robbery, even though the offender has no intent to kill or to inflict great bodily harm on the victim. So, for example, if the offender breaks into someone’s home with the intent to commit a felony or theft, while armed with with a dangerous weapon, and a person inside of the home is killed, even though the offender has no intent to kill or to inflict great bodily harm on that person, the offender may be charged with second degree murder. As another example, if the offender distributes or dispenses fentanyl or heroin to another person, who then ingests or consumes that drug, and the ingestion or consumption of the drug is the direct cause of that person’s death, then the offender may be charged with second degree murder.
Regardless of the factual circumstances that result in a charge of second degree murder, there is essentially only one statutory penalty, and it is life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence.
What Are the Possible Penalties for Second Degree Murder in Louisiana?
Someone facing a grand jury indictment for second degree murder in Louisiana should immediately contact and retain David E. Stanley, APLC. He is a highly skilled, knowledgeable, and experienced criminal defense attorney with his office located in Baton Rouge, Louisiana.
Frequently Asked Questions
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How Many Years Do You Get for Second Degree Murder in Louisiana?
For a person found guilty of second degree murder, there is only one penalty, which is life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. With a possible exception for an offender who is under eighteen years of age when the crime is committed, parole, probation, or sentence suspension is not available to the offender.
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Can Minors Be Charged with Second Degree Murder in Louisiana?
Children who have not reached ten years of age are exempt from criminal responsibility but they are subject to the jurisdiction of juvenile courts as established by the Louisiana constitution and statutes. But yes, minors can be charged with second degree murder in Louisiana if they meet the criteria for the offense. For certain serious felony crimes, there are statutes that may allow juveniles that are 14 years of age or older, or 15 years of age or older, to be transferred from the juvenile courts and prosecuted as an adult in state district court subject to statutorily modified penalty provisions.
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Can Someone Be Convicted of Second Degree Murder Even Without the Victim’s Body Being Located in Louisiana?
Yes, it is possible to secure a conviction for second degree murder in Louisiana, even without the victim’s body. Still, the prosecution must present solid circumstantial evidence and demonstrate that the person is deceased.
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Can a Second Degree Murder Conviction Be Appealed in Louisiana?
Yes, a person convicted of second degree murder in Louisiana has the right to a direct appeal of their conviction and sentence to the state appellate courts, the right to file a discretionary petition for a writ of certiorari to the Louisiana Supreme Court, and conceivably to the United States Supreme Court if the case raises issues of federal constitutional law.
Experienced and Aggressive Second Degree Murder Defense Attorney in Baton Rouge, LA
If you or your loved one has been charged with second degree murder, you know that the situation is serious and how much is at stake. The decisions that you make right now about who to hire as your attorney, and how to defend yourself, are critical. These decisions may change the outcome of the case and determine what the future will be like for you or your loved one. The skill, knowledge, and experience of the defense lawyer you choose can make all the difference in your case. You need to get David E. Stanley, APLC, started working on preparing your defense today. Contact him now to schedule a consultation for a defense strategy session on your second degree murder case.
Call David E. Stanley, APLC Now at (225) 926-0200
David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
(225) 926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.