Homicide

New Orleans Homicide Attorney

A murder charge is among the most serious criminal charges in Louisiana. Depending on the offense and the circumstances, a conviction can result in life imprisonment without parole or, in certain first-degree murder cases, the death penalty. Prosecutors in Orleans Parish often begin building a case long before an arrest, so the decisions you make early on matter.

If you are under investigation or have been arrested, The Bradley Law Firm can explain the charges, the evidence, and your options. Call 504-336-1717 to speak with a New Orleans homicide attorney about your situation and schedule a free consultation.

How Does Louisiana Classify Homicide Charges?

Louisiana separates unlawful killings into first-degree murder, second-degree murder, manslaughter, and negligent homicide, based mainly on the defendant’s intent and the circumstances of the killing.

Under Louisiana criminal law, the label on the charge drives everything else: the sentencing range, bail, and how a case is tried.

  • First-degree murder (La. R.S. 14:30): This includes killings committed with the specific intent to kill or inflict great bodily harm under circumstances defined by statute, including certain killings during specified felonies and killings involving certain protected victims. If the prosecution seeks a capital verdict, the punishment may be death or life imprisonment at hard labor without parole, probation, or suspension of sentence, as determined under the applicable law. If the prosecution does not seek a capital verdict, the sentence is life imprisonment at hard labor without parole, probation, or suspension of sentence.
  • Second-degree murder (La. R.S. 14:30.1): This includes killings committed with the specific intent to kill or inflict great bodily harm, certain killings during specified felonies even without that specific intent, and certain drug-distribution offenses that directly cause a person’s death. The sentence is life imprisonment at hard labor without parole, probation, or suspension of sentence, subject to applicable legal exceptions.
  • Manslaughter (La. R.S. 14:31): This includes certain killings that would otherwise constitute murder but are committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of self-control and cool reflection. It also includes other killings specified by statute. The applicable penalty depends on the circumstances and statutory provisions governing the offense, and some forms of manslaughter carry a maximum sentence of forty years at hard labor.
  • Negligent homicide (La. R.S. 14:32): This generally involves causing a person’s death through criminal negligence rather than an intent to kill. For most negligent homicide offenses, the maximum prison term is fifteen years, with or without hard labor. If the victim is under thirteen years old, a different penalty provision applies, including a possible sentence of two to twenty years at hard labor without benefit of probation, parole, or suspension of sentence.

Because the difference between murder and manslaughter often turns on intent, this is where many cases are contested. Our blog explains how intent separates manslaughter from murder charges.

What Defenses Apply in a Homicide Case?

Common defenses include self-defense or justifiable homicide, misidentification, lack of specific intent, and challenges to how evidence was collected or how statements were obtained.

The state must prove every element beyond a reasonable doubt. A defense can defeat a charge outright or reduce it to a lesser offense.

  • Justifiable homicide and self-defense: Louisiana law, including La. R.S. 14:19 and 14:20, permits the use of force, including deadly force in certain circumstances, when statutory requirements are met. For example, a killing may be justified when a person reasonably believes they face imminent danger of losing their life or suffering great bodily harm and that the killing is necessary to prevent that danger. When self-defense is raised in a criminal proceeding, the state must prove beyond a reasonable doubt that the defendant did not act in self-defense. The defendant must also comply with applicable procedural requirements for asserting the defense.
  • Misidentification: Surveillance footage, witness recollection, and cell-phone data can each be unreliable. Alibi evidence and forensic gaps can undercut the state’s account of who was present.
  • Lack of specific intent: If the prosecution cannot prove the specific intent required for a particular murder charge, the evidence may support a lesser offense or another defense. However, some forms of second-degree murder do not require specific intent to kill or inflict great bodily harm, so the applicable statutory theory and evidence must be examined carefully.
  • Constitutional challenges: Unlawful searches, statements taken without proper Miranda warnings, and mishandled evidence can be grounds to suppress key proof before trial.

What Happens After a Homicide Arrest in Orleans Parish?

After an arrest, a homicide case moves from booking and a bail hearing through formal charging by the Orleans Parish District Attorney, pretrial motions, and, if unresolved, a jury trial.

The legal process generally follows these stages:

  1. Arrest and first appearance. Following an arrest, the court addresses the applicable initial proceedings, including release conditions and bail when appropriate. A person charged with a capital offense may be denied bail when the proof is evident, and the presumption of guilt is great. Other restrictions on bail may also apply under Louisiana law.
  2. Charging. Under Louisiana law, offenses punishable by death or life imprisonment must be prosecuted by grand jury indictment. There is no time limitation for instituting prosecution for crimes punishable by death or life imprisonment.
  3. Arraignment and discovery. The defendant is informed of the formal charge and enters a plea. The parties then proceed with discovery under the applicable rules, which govern the disclosure of evidence and other information.
  4. Pretrial motions. These can challenge evidence, statements, and identifications.
  5. Trial. Louisiana requires unanimous jury verdicts for criminal convictions in cases tried by a jury. Homicide prosecutions arising in Orleans Parish generally proceed in Orleans Parish Criminal District Court, subject to the court’s jurisdiction and applicable law.

Our attorneys can walk you through each stage as your case progresses.

When Can Homicide Be Prosecuted in Federal Courts?

Homicide is usually prosecuted by the state, but it can be charged in federal courts when it occurs within federal jurisdiction or is tied to a federal offense.

Federal murder statutes, such as 18 U.S.C. § 1111, apply on federal property and in certain other circumstances. Federal prosecutors may also bring homicide charges when the killing falls within federal criminal jurisdiction, including when a specific federal statute applies to the circumstances or the killing is connected to certain federal offenses. The rules, sentencing, and procedures differ in state and federal courts, so knowing which system is prosecuting you shapes your strategy. Our blog compares state and federal criminal charges.

What Should You Do If You Are Under Investigation?

If you learn you are a suspect in a homicide, stop talking to investigators and contact a criminal defense lawyer before giving any statement.

Detectives with the New Orleans Police Department may seem informal, but anything you say can be used against you at trial.

  • Invoke your rights. Clearly state that you want a lawyer and will not answer questions without one present.
  • Do not consent to searches without legal advice. Phones, vehicles, and homes can contain evidence. Voluntary consent may allow law enforcement to search without obtaining a warrant, subject to applicable legal limits. You can clearly state that you do not consent, but do not physically resist officers.
  • Avoid discussing the case. Texts, social media posts, and jail calls are recorded or preserved and can be offered as evidence.
  • Preserve helpful information. Write down your timeline and the names of potential witnesses, and share them only with your attorney.

Frequently Asked Questions

Is a homicide always a murder charge?

No. Homicide refers generally to the killing of one person by another. Depending on the circumstances, a homicide may be justified by law or may constitute a criminal offense such as murder, manslaughter, or negligent homicide. These offenses have different legal elements and penalties.

Can homicide charges be dismissed?

Yes, in some cases. Charges can be dismissed or reduced when evidence is suppressed, witnesses are unreliable, or the state cannot meet its burden of proof.

Speak With a New Orleans Homicide Lawyer Today

Homicide cases move quickly, and early choices can shape the outcome. If you are facing criminal charges, The Bradley Law Firm can review the evidence, explain how Louisiana criminal law applies, and plan your defense. Call 504-336-1717 today to speak with a New Orleans homicide lawyer at The Bradley Law Firm and ask about scheduling your free consultation at our Metairie law office.