If a person is convicted of murder in Louisiana, they could be facing life in prison or even the death penalty. However, under criminal law, it is possible to be charged with murder without ever intending to kill another person. The felony murder rule allows for murder charges if someone is killed while a felony is being committed, regardless of the perpetrator’s intent to inflict bodily harm. This rule highlights the legal implications and ongoing challenges within state and federal courts.
If you suspect that you may be under investigation for murder in Louisiana, it is critical to contact an experienced murder defense attorney as soon as possible. Your attorney will fight to protect your rights and work with you to craft the best defense strategy for your unique situation.
Understanding the Felony Murder Rule
The felony murder rule is a legal doctrine that allows a defendant to be charged with murder if a death occurs during the commission of a dangerous or enumerated crime, even if the defendant did not intend to kill. This rule, also known as the “felony murder” doctrine, is a controversial concept that has been criticized for being overly broad and leading to unjust convictions. The felony murder rule is based on the idea that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether.
In order to be convicted of felony murder, the prosecution must show that the defendant participated in a felony where a death occurred. The defendant does not need to have intended to kill or even be the direct cause of the death. The felony murder rule applies to crimes that are considered “inherently dangerous,” such as burglary, robbery, rape, arson, and kidnapping.
The felony murder rule is an exception to the normal rules of homicide, which require a defendant to have acted with intent or reckless indifference to human life in order to be convicted of murder. Under the felony murder rule, a defendant can be convicted of murder even if they did not act with intent or reckless indifference.
Inherently Dangerous Crimes and Felony Murder
Inherently dangerous crimes are those that are considered to be so dangerous that society wants to deter individuals from engaging in them altogether. These crimes are typically listed in state statutes and may include burglary, robbery, rape, arson, and kidnapping. The felony murder rule applies to these crimes because they are considered to be inherently dangerous, and a death could reasonably occur as a result of the commission of the crime.
The merger doctrine states that if the elements of the underlying felony are a part of the elements of murder, the felony murder rule cannot be applied. For example, a defendant who participated in an assault in which someone was killed could not be charged with felony murder because the elements of assault are also incorporated in the elements of a murder.
Second Degree Murder and Felony Murder Defined
In Louisiana, murder charges are broken into two categories based on severity: first and second-degree murder. First-degree murder is killing someone with intent while committing a serious felony. Additionally, a person could be charged with first-degree murder for killing specific individuals such as firemen, police officers, or other public servants. Those who kill multiple people may also face first-degree murder charges.
Murder in the second degree is defined as the killing of a person with the intent to kill. However, if someone is killed while a person is carrying out or attempting to carry out specific felonies, the offender could also be charged with second-degree murder. Even if the offender had no intent to kill, they could face second-degree murder charges if someone was killed while they were committing one of the following felonies:
- Aggravated arson
- Aggravated burglary
- Aggravated or second-degree kidnapping
- Rape
- Robbery
- Assault by drive-by shooting
- Cruelty to juveniles
- Terrorism
The felony murder statute allows for second-degree murder charges even if the offender did not intend to kill, as long as the death occurred during the commission of a specified felony.
Additionally, a person may be charged with second-degree murder if they gave someone a toxic or controlled substance that ended in fatality for the consumer. Since second-degree murder encompasses unintentional homicide, it is possible to be charged with murder without directly killing a person.
Penalties and Mandatory Life Sentence for Second-Degree Murder in Louisiana
While those convicted of first-degree murder may be sentenced to the death penalty, it is not a sentence for those convicted of second-degree murder. Individuals convicted of second-degree murder in Louisiana are sentenced to life imprisonment with hard labor and no possibility of parole or a shorter sentence. Federal law imposes limitations on extreme sentences for felony murder, particularly under the Eighth Amendment’s prohibition against cruel and unusual punishments.
Even if you are not convicted, being charged with murder can be a devastating blow to your life. Many people charged with murder have difficulty in their relationships, finding employment, and suffer irreparable damage to their reputations. The Supreme Court has ruled on the limitations of the death penalty for felony murder, especially in cases involving juveniles, shaping the application of such sentences across various states.
A Trusted Louisiana Murder Defense Attorney is Here for You
If you or someone you know is facing a felony murder charge, it is essential to contact a trusted Louisiana murder defense attorney as soon as possible. A felony murder charge can result in a mandatory life sentence, and it is crucial to have an experienced attorney who can help you navigate the complex legal system and build a strong defense.
At John D. & Eric G. Johnson Law Firm, our experienced Louisiana murder defense attorneys have a deep understanding of the felony murder rule and the laws surrounding it. We will work tirelessly to build a strong defense and ensure that your rights are protected throughout the legal process. Contact us today to schedule a consultation and learn more about how we can help you.
Contact a Trusted Louisiana Murder Defense Attorney
If you have been charged with murder, it is essential to contact an experienced criminal defense attorney as soon as possible. Eric G. Johnson of The John D. & Eric G Johnson Law Firm is a passionate problem solver. He has a proven track record of successfully trying criminal cases across Louisiana. Attorney Johnson is committed to providing his clients with top-notch legal services and expertly protecting their rights. Schedule a free consultation today by calling (318) 377-1555 or filling out our contact form.