NEGLIGENT HOMICIDE
PRACTICE AREAS
LOUISIANA NEGLIGENT HOMICIDE LAWYER
Experienced Criminal Defense Attorney for Negligent Homicide Charges in Shreveport and Bossier City, LA
Not all homicides involve malicious intent. When someone fails to exercise reasonable care and that failure leads to the death of another person, they may face what is called “negligent homicide charges” in Louisiana. Even in these cases where the death wasn’t intentional, the consequences for negligent homicide can still include severe legal penalties, including imprisonment and substantial fines. For those facing charges as serious as negligent homicide in Shreveport or Bossier City, LA, it is crucial to secure a seasoned Louisiana negligent homicide lawyer to help fight for your freedom.
At The Law Offices of Michael J. Vergis, we have a long history of defending those accused of negligent homicide (as well as similar offenses) throughout Northwest Louisiana. Led by experienced attorney Michael J. Vergis, our criminal lawyers have the knowledge, skill, resources, and legal maneuver to secure the best possible outcome for our clients, whatever that may be given the specifics of the case.
To speak with an attorney regarding your negligent homicide case, call (318) 618-8129 or send a message via our online portal today to get straight to work protecting your rights and building a strong defense.
Criminal Negligence Definition
The definition of criminal negligence in Louisiana can be found under Louisiana Revised Statute RS 14:12, which states that “Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender’s conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.”
In other words, criminal negligence occurs when an individual acts with such a lack of care for others’ safety that it goes far below what a reasonable person would do in the same situation, even if the individual in question never meant to cause anyone harm.
What is Negligent Homicide in Louisiana?
Under Louisiana law, negligent homicide occurs when someone causes the death of another by behaving in a way that a reasonable person would consider reckless or carelessly disregarding the safety of others (aka criminal negligence). This charge is typically applied in cases where the defendant’s actions were not deliberate but still dangerously irresponsible, leading to fatal consequences.
Negligent homicide differs significantly from first-degree murder, as it does not involve premeditation or the specific intent to kill.
Louisiana RS 14:32
Louisiana Revised Statute RS 14:32 provides a comprehensive explanation of what all a negligent homicide charge may entail. In summary, the statute defines the crime as either 1) the killing of a human being by criminal negligence or 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.
Click below to see the full statute:
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.
The violation of a statute or ordinance shall be considered only as presumptive evidence of such negligence.
(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 five 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 five years.
(b) If the court does not order the offender to a term of imprisonment when the following two factors are established, the court shall state, both orally and in writing at the time of sentencing, the reasons for not sentencing the offender to a term of imprisonment:
(i) The fatality was caused by a person engaged in the operation of, or in actual physical control of, any motor vehicle, aircraft, watercraft, or other means of conveyance; and
(ii) The offender’s blood alcohol concentration contributed to the fatality.
(3) If the victim was killed by a dog or other animal, the owner of the dog or other animal shall be imprisoned with or without hard labor for not more than five years or fined not more than five thousand dollars, or both.
The provisions of this Section shall not apply to:
(1) Any dog which is owned, or the service of which is employed, by any state or local law enforcement agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.
(2) Any dog trained in accordance with the standards of a national or regional search and rescue association to respond to instructions from its handler in the search and rescue of lost or missing individuals and which dog, together with its handler, is prepared to render search and rescue services at the request of law enforcement.
(3) Any guide or service dog trained at a qualified dog guide or service school who is accompanying any blind person, visually impaired person, person who is deaf or hard of hearing, or person with any other physical disability who is using the dog as a guide or for service.
(4) Any attack made by a dog lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the dog is protecting that property.
(5) Any attack made by livestock as defined in this Section.
For the purposes of this Section:
(1) “Harboring or keeping” means feeding, sheltering, or having custody over the animal for three or more consecutive days.
(2) “Livestock” means any animal except dogs and cats, bred, kept, maintained, raised, or used for profit, that is used in agriculture, aquaculture, agritourism, competition, recreation, or silvaculture, or for other related purposes or used in the production of crops, animals, or plant or animal products for market. This definition includes but is not limited to cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; goats; sheep; swine; chickens, turkeys, and other poultry; domestic rabbits; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; fish, pet turtles, and other animals identified with aquaculture which are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; any commercial crawfish from any crawfish pond; and any hybrid, mixture, or mutation of any such animal.
(3) “Owner” means any person, partnership, corporation, or other legal entity owning, harboring, or keeping any animal.
Negligent Homicide vs. Manslaughter in Louisiana
In Louisiana, both negligent homicide and manslaughter are serious criminal charges, but they differ in terms of intent and circumstances.
Negligent homicide involves the unintentional killing of another person due to criminal negligence, where the offender’s actions were reckless and fell short of what a reasonable person would do to prevent harm. On the other hand, manslaughter is a violent crime that involves killing someone without the intent to cause death but under circumstances that would mitigate the offense from being classified as murder, such as a sudden passion or heat of the moment.
While both charges are serious, manslaughter typically carries harsher penalties due to the more direct connection between the defendant’s actions and the resulting death.
Negligent Homicide Examples
An example of negligent homicide could involve a driver who, while texting on their phone, runs a red light and strikes a pedestrian, resulting in their death. In this scenario, the driver did not intend to kill the pedestrian, but their actions displayed a disregard for the safety that a reasonable person would and should exercise. The driver’s criminal negligence, in ignoring the road and disobeying traffic signals, directly led to the fatal accident.
Negligent Homicide With a Motor Vehicle
Negligent homicide with a motor vehicle occurs when a driver’s careless or reckless actions lead to the death of another person. This can include behaviors such as driving under the influence, texting while driving, or ignoring traffic signals.
If you or a loved one is facing negligent homicide charges involving a motor vehicle, seeking experienced legal counsel is important. A skilled vehicular homicide lawyer like Michael J. Vergis can provide crucial defense strategies and advocate for the accused’s rights throughout the legal process.
Is Negligent Homicide a Felony?
Negligent homicide is considered a felony in Louisiana. This charge can result in severe penalties, including imprisonment, hefty fines, and a permanent criminal record.
It is essential to seek the help of an experienced felony defense attorney if you or a loved one is accused of negligent homicide. An experienced attorney can provide critical legal guidance, develop a strong defense strategy, and work towards reducing the impact of the charges on your life.
Louisiana Negligent Homicide Sentence
In Louisiana, a negligent homicide conviction carries significant legal consequences. Those found guilty may face up to five years in prison, with or without hard labor, and potential fines of up to $5,000. The severity of the sentence can vary depending on the specifics of the case, including any prior criminal history and the circumstances surrounding the incident.
Additional Negligent Homicide Consequences
Beyond imprisonment and fines, a negligent homicide conviction in Louisiana can have a number of other far-reaching consequences. Those convicted may experience a lasting impact on their personal and professional lives, including difficulty finding employment, loss of professional licenses, and strained personal relationships.
Additionally, a felony conviction can restrict certain civil rights, such as the right to vote or possess firearms. The social stigma associated with negligent homicide in Louisiana can also result in long-term emotional and psychological effects.
How To Fight a Negligent Homicide Charge
Fighting a negligent homicide charge requires a strategic and comprehensive approach led by an experienced criminal defense attorney. A skilled lawyer can challenge the prosecution’s evidence, question the credibility of witnesses, and demonstrate that the defendant’s actions did not amount to criminal negligence. Your defense attorney might also argue that the incident was a tragic accident rather than a result of reckless behavior, which is often the case.
With the help of an experienced Louisiana negligent homicide lawyer like Attorney Michael Vergis, you have the best chance at reducing your charges or even having them dismissed or acquitted. The sooner we get to work on your defense, the better, so call today.
Why Choose the Law Offices of Michael J. Vergis?
Choosing The Law Offices of Michael J. Vergis for your criminal defense case ensures you receive representation from a skilled criminal defense lawyer who is dedicated to protecting your rights and achieving the best possible outcome for your case.
With extensive experience in defending against negligent homicide charges and a variety of other criminal offenses in Shreveport, Bossier City, and the surrounding Northwest Louisiana area, Michael J. Vergis understands the intricacies of criminal law and provides personalized, strategic defense tailored to each client’s unique situation.
Facing Negligent Homicide Charges? Call Our Shreveport-Bossier Criminal Defense Lawyers for a Free Consultation
If you are facing criminal charges for negligent homicide in Louisiana, your future is on the line. It’s important to act fast and equip the help of experienced negligent homicide defense lawyers to help mitigate or even avoid the consequences you may be facing.
Our Shreveport criminal attorneys at The Law Offices of Michael J. Vergis are ready to help you navigate these charges and help your life return as close to normalcy as possible. Our law firm is dedicated to providing top-notch legal representation for all criminal cases, protecting your rights, and fighting for the best possible outcome.
Call (318) 618-8129 or contact us online to schedule a consultation and let our skilled legal team begin crafting a strong defense for your case today.
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