Murder is considered to be one of the most serious crimes in the state of Louisiana, as well as in the entire United States. In Louisiana, first degree murder and second degree murder have significant distinctions that can determine the severity of the punishments. In this blog post, we will examine the differences between the two types of murder under Louisiana law.
Definition of First Degree Murder
First degree murder is the most serious form of homicide in Louisiana. A first degree murder in Louisiana refers to the killing of a human being with specific intent to kill or inflict great bodily harm under certain circumstances. If the killing occurred during the commission or attempted commission of one of the crimes enumerated in La. R.S. 14:30, the person can be charged with first degree murder.
A person may also be charged with first degree murder based on the status of the victim; if the victim is a fireman, peace officer, a forensic laboratory employee engaged in the performance of their duties, a taxicab or rideshare driver, a correctional facility employee, the beneficiary of a protective order prohibiting the offender from contacting the victim, or if the person has the specific intent to kill or inflict great bodily harm to multiple people. Also included in the definition of first degree murder are contract killings, the killing of a victim under the age of 12 or over the age of 65, killings occurring during the distribution or attempted distribution of drugs, ritualistic killings, and retributive killings.
Definition of Second Degree Murder
Second degree murder in Louisiana refers to the killing of a human being with specific intent to kill or inflict great bodily harm, without regard to the specific circumstances required for first degree murder. A person may also be charged with second degree murder if the killing did not involve specific intent, but it occurred during the commission or attempted commission of one of the crimes enumerated in La. R.S. 14:30.1.
Second degree murder in Louisiana also includes killings when the offender distributes a controlled substance which is the direct cause of death of the recipient, or if the recipient distributes the controlled substance to another person whose death is directly caused by the drug.
Penalties for First Degree and Second Degree Murder
The punishment for first degree murder in Louisiana is harsher than that of second degree murder. If convicted of first degree murder, the sentence will be either life imprisonment without parole or the death penalty. In contrast, the penalty for second degree murder is life imprisonment without parole.
Conclusion
In conclusion, there are differences between first degree murder and second degree murder under Louisiana law which are significant. While both charges stem from the killing of another person, the degree of intent and the circumstances surrounding the act largely determine the severity of the charge and the punishment. Now that you have a better understanding of the distinctions between first and second degree murder, you can be better prepared if ever faced with such charges. It is always important to consult with a qualified murder attorney if you or someone you know is facing a murder charge in Louisiana.
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