Second Degree Murder Defense Attorney Baton Rouge
Practice Areas
The Baton Rouge second-degree murder defense lawyer group at the Law Offices of Ossie Brown stands ready to defend those charged with second-degree murder in Baton Rouge. Facing allegations of such a serious crime can be overwhelming. As experienced Baton Rouge violent crimes lawyers, our criminal defense attorneys are dedicated to providing a robust defense for second-degree murder charges in Baton Rouge, utilizing our extensive legal expertise and strategic insight to challenge the evidence presented against you. If you are at risk of being convicted of second-degree murder in Baton Rouge, it is crucial to have experienced legal representation who can navigate the complexities of the law and fight vigorously for your rights and freedom.
If you’ve been charged or think you may be charged with second-degree murder in Baton Rouge, call 225-343-1111.
Criminal Defense Lawyer for Second-Degree Murder Charges in Baton Rouge, LA
Facing second-degree murder charges in Baton Rouge can have devastating consequences, potentially leading to life imprisonment or long-term sentences that include hard labor.
Second-degree murder charges in Baton Rouge arise when the:
- alleged offender kills another person with an intent to kill or inflict great bodily harm;
- alleged offender kills another person while committing or attempting to commit other crimes without specific intent to kill or inflict great bodily harm;
- alleged offender unlawfully distributes a controlled dangerous substance that is listed as Schedules I-V, or any combination thereof, which is determined to be the direct cause of the death of the person who took the controlled dangerous substance;
- alleged offender unlawfully distributes a controlled dangerous substance listed in Schedules I-V or any combination thereof to someone else who then distributes the controlled dangerous substance to another, with the direct cause of the death being the controlled dangerous substance.
If you’ve been charged with second-degree murder, a Baton Rouge criminal defense lawyer is necessary. An experienced attorney can provide a strong defense by challenging the prosecution’s evidence, negotiating plea deals, or representing you at trial to ensure that your rights are protected and to fight for the best possible outcome in your case.
Perpetration or Attempted Perpetration of Other Felony Crimes
The judicial system evaluates these factors and adjusts the penalties to reflect the severity of the crime.
In Louisiana, the interplay between first-degree rape or second-degree rape and second-degree murder is significantly influenced by the felony murder rule. This rule allows a killing that occurs during the commission or attempted commission of certain felonies, such as first or second-degree rape, to be elevated to second-degree murder.
In Louisiana, aggravated arson can elevate murder charges. If someone sets a fire with intent to endanger human life or property and it results in a fatality, they can be charged with second-degree murder. The connection between the aggravated arson and the resultant death is crucial for applying these enhanced charges.
If a death occurs during the commission or attempted commission of an aggravated burglary, the perpetrator can be charged with second-degree murder, leading to a life imprisonment without parole. The intent to commit an aggravated burglary within a structure and resulting in a death ties directly to enhanced charges.
Aggravated kidnapping and second-degree kidnapping charges can be elevated to second-degree murder if the victim dies during the act. The seriousness of kidnapping combined with the resultant death comes with severe penalties.
If someone dies as a result of an aggravated escape, the perpetrator can face second-degree murder charges. This rule applies even if the death was unintentional but occurred during the escape.
A death resulting from an assault by drive-by shooting can lead to second-degree murder charges due to the inherently dangerous nature of the crime.
- Armed robbery involves the use of force or intimidation with a deadly weapon.
- First-degree robbery occurs when the alleged perpetrator causes the victim to believe they have a weapon.
- Second-degree robbery occurs when a victim experiences serious bodily harm without a weapon.
- When resulting in death, armed, first or second-degree robbery can elevate to second-degree murder charges. The violent nature of armed robbery particularly aligns with severe legal consequences.
If a child dies as a result of second-degree cruelty, the perpetrator can be charged with second-degree murder, reflecting Louisiana’s strong stance on protecting minors.
Terrorism involves acts of extreme violence and second-degree cruelty, causing widespread fear and serious harm to multiple victims. Any death occurring during an act of terrorism can elevate the charges to second-degree murder.
Unlawful Distribution of a Controlled Dangerous Substance
If the offender unlawfully distributes a controlled dangerous substance listed under Louisiana law, and this distribution directly leads to someone’s death, it significantly heightens the seriousness of the crime and warrants severe penalties under the Louisiana felony murder rule.
This rule allows a homicide to be charged as second-degree murder if it occurs during the commission or attempted commission of certain felonies, including the distribution of a controlled, dangerous substance. Here’s how it works:
- If a person distributes a controlled dangerous substance and this act directly leads to someone’s death, the distributor can be charged with second-degree murder. This applies even if the death was unintentional, as long as it resulted from the felony act of distribution of a controlled dangerous substance.
- The severity of charges is elevated from the distribution of a controlled, dangerous substance to murder, leading to much harsher penalties.
- Prosecutors must prove that the unlawful distribution of the controlled dangerous substance directly caused the death. This can involve showing that the substance was a significant factor in the fatality, such as in cases of overdose.
A Baton Rouge drug distribution lawyer can provide essential legal defense if you are faced with these charges. A skilled attorney will challenge the evidence and protect your rights throughout the legal process.
First-Degree Murder vs Second-Degree Murder in Louisiana
The distinction between first-degree murder and second-degree murder charges is primarily based on the offender’s intent and the circumstances surrounding the crime.
First-degree murder requires a specific intent to kill or inflict great bodily harm upon a human being, along with premeditation. This means the alleged perpetrator planned the act before it occurred. A first-degree murder conviction in Louisiana can result in the most severe penalties, including life imprisonment or the death penalty.
Second-degree murder also involves the specific intent to kill or to inflict great bodily harm but lacks the premeditative element of first-degree murder. This lack of planning prior to the act differentiates the charges in terms of legal definitions and potential sentences.
Aggravating and Mitigating Factors for Second-Degree Murder Charges in Baton Rouge
In the legal assessment of second-degree murder charges, both aggravating and mitigating factors play crucial roles in determining the severity of the sentence.
Aggravating Factors for Second-Degree Murder
Aggravating factors can intensify the perceived gravity of the crime. For example, if a crime is committed in a particularly cruel manner, involves a vulnerable victim, or is carried out in conjunction with another felony offense, these elements are seen as aggravating and can lead to harsher penalties.
Mitigating Factors for Second-Degree Murder
Mitigating factors aim to reduce the severity of the sentence. Common mitigating factors include the defendant’s lack of prior criminal history, evidence of an impaired mental state, or a combination thereof.
In some cases, self-defense can be considered a mitigating factor. Self-defense laws in Louisiana acknowledge the right to self-defense and justifiable homicide under circumstances where an individual reasonably believes that such force is necessary to protect themselves from imminent harm or death.
A justifiable homicide attorney in Baton Rouge can demonstrate that the defendant’s actions were in accordance with legal protections for self-defense. They will effectively argue the necessity of the defendant’s actions, potentially leading to a reduction or dismissal of charges.
Second Degree Murder Sentence if Convicted in Baton Rouge
Louisiana imposes harsh sentences for second-degree murder. Conviction results in a mandatory life sentence without the possibility of parole, probation, or suspension of sentence.
Given the gravity of these penalties, it is crucial to have an experienced criminal defense attorney if you are falsely accused of second-degree murder. A skilled attorney will aim to prevent a wrongful conviction and the severe consequences that follow.
Attempted Second-Degree Murder in Baton Rouge
An attempted second-degree murder charge applies when an individual attempts to kill another person or inflict serious bodily harm without premeditation, but the victim survives. Convictions can result in lengthy prison sentences, often close to the severity of a completed second-degree murder charge.
Penalties for Attempted Second-Degree Murder Conviction in Baton Rouge
In Louisiana, a conviction for attempted second-degree murder can result in a prison sentence ranging from 10 to 50 years, with hard labor, depending on the specifics of the case and the defendant’s criminal history. Additionally, the court may impose substantial fines, further emphasizing the serious nature of this offense.
How a Baton Rouge Second Degree Murder Criminal Defense Attorney Can Help
A Baton Rouge criminal defense attorney can be a crucial ally if you are facing serious charges related to second-degree murder. With an in-depth understanding of self-defense laws in Louisiana, a skilled attorney can meticulously investigate the circumstances of your case, identify key evidence, and develop a robust defense strategy.
The Baton Rouge murder defense lawyers at The Law Offices of Ossie Brown are prepared to protect your rights every step of the way.
If you or a loved one is facing such serious charges, call 225-343-1111 or contact us online for a free consultation. Let our dedicated team fight for your future.
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