Homicide is the act of one person causing the death of another person. Not all homicides are murder—some are manslaughter due to mitigating circumstances—and some are lawful when justified by an affirmative defense such as self-defense or insanity.
Criminal homicide generally involves (1) intent to cause death or serious bodily injury, or (2) negligence that causes the death of another person. Criminal homicide committed with the intent to cause death or serious bodily injury is generally charged as the criminal offense of murder (committed with intent and with premeditation or malice) or as voluntary manslaughter or second degree murder (committed with intent but without premeditation or malice).
And criminal homicide caused by negligence is generally charged as the criminal offense of involuntary manslaughter—for example, when a person is driving recklessly or speeding and hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian. A person driving a motor vehicle while intoxicated by drugs or alcohol who hits another motor vehicle or pedestrian, causing the death of the other motorist or the pedestrian, may be charged with involuntary manslaughter, or with a more specific offense like intoxication manslaughter or vehicular homicide—depending on applicable state laws.
Criminal homicide laws vary from state to state—including the names, degrees of severity, and punishments. These laws are generally found in a state’s statutes—often in the penal or criminal code.
In Louisiana (LA), homicide is defined as the killing of one person by another. Louisiana law distinguishes between different types of homicide, including murder and manslaughter, based on the circumstances and the intent of the perpetrator. Murder is typically characterized by intent to kill or to cause serious bodily harm and is further classified into degrees, with first-degree murder being the most serious, often involving premeditation or specific aggravating circumstances. Second-degree murder involves intent but lacks the specific circumstances required for first-degree murder. Manslaughter in Louisiana is a homicide committed without the intent to cause death, which might occur in the heat of passion or due to certain mitigating circumstances. Involuntary manslaughter, on the other hand, usually involves unintentional killing resulting from negligence, such as reckless driving or driving under the influence of drugs or alcohol that results in a fatality. Louisiana law also recognizes vehicular homicide as a specific offense when a death is caused by a driver who is intoxicated. The penalties for homicide offenses in Louisiana vary widely, from fines and imprisonment to the death penalty for the most serious murder convictions. It is important for individuals facing such charges to seek the guidance of an attorney to navigate the complexities of the state's criminal justice system.