Homicide and attempted murder charges are among the most serious criminal accusations under Louisiana law. A conviction can result in decades of imprisonment, life imprisonment, or, in a capital first-degree murder prosecution, the death penalty.
These cases require immediate investigation, careful analysis of forensic and video evidence, and attorneys prepared to try the case before a jury.
At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III have extensive experience defending clients accused of serious violent offenses, including homicide and attempted murder. Our attorneys have also successfully defended clients at trial who used deadly force in lawful self-defense.
Louisiana law recognizes five grades of criminal homicide:
The appropriate charge depends on the accused person’s intent, the circumstances of the killing, the identity of the alleged victim, and whether another felony or criminal act was allegedly being committed.
First-degree murder is charged only under specific circumstances established by Louisiana law.
The prosecution must generally allege a specific intent to kill or inflict great bodily harm together with an aggravating circumstance identified by statute. Those circumstances may include allegations involving:
When the district attorney seeks a capital verdict, the possible punishment is death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. If the district attorney does not seek a capital verdict, the mandatory sentence is life imprisonment at hard labor without those benefits.
Second-degree murder may be charged when the prosecution alleges that a person killed another with the specific intent to kill or inflict great bodily harm.
It may also apply when a death occurs during the commission or attempted commission of certain designated felonies, even when the prosecution does not allege a specific intent to kill or inflict great bodily harm.
Louisiana law also contains second-degree murder provisions involving the unlawful distribution of a controlled dangerous substance that directly causes a recipient’s death.
A conviction for second-degree murder carries life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Manslaughter may include a homicide that would otherwise constitute murder but was committed in sudden passion or heat of blood immediately caused by legally sufficient provocation.
Manslaughter may also include certain unintentional killings that occur while the accused is committing another felony or an intentional misdemeanor directly affecting another person.
Whether the evidence supports murder, manslaughter, self-defense, or no criminal homicide at all may depend on:
The distinction between murder and manslaughter can have a substantial effect on sentencing exposure.
Negligent homicide generally involves the killing of another person through criminal negligence rather than an intent to kill.
The State must prove more than ordinary carelessness. Criminal negligence involves conduct that represents a gross departure from the standard of care expected of a reasonably careful person under similar circumstances.
In most cases, negligent homicide carries imprisonment for up to ten years, a fine of up to $5,000, or both. Different mandatory provisions may apply when the alleged victim was under ten years old.
An attempted-murder charge requires proof that the accused had the specific intent to kill and committed an act tending directly toward accomplishing that objective.
Intent to inflict great bodily harm alone is not sufficient for attempted murder. The prosecution must prove a specific intent to kill.
Because first- and second-degree murder are punishable by death or life imprisonment, an attempt to commit either offense generally carries:
Enhanced penalties may apply in certain circumstances, including when the alleged victim is a peace officer performing lawful duties.
Not every killing is a crime.
Under Louisiana law, a homicide may be justifiable when a person reasonably believes that he or she is in imminent danger of losing life or receiving great bodily harm and reasonably believes that the killing is necessary to prevent that danger.
A homicide may also be justified when necessary to prevent certain violent or forcible felonies involving danger to life or great bodily harm. Louisiana law also recognizes specific protections involving unlawful force used during certain burglaries or robberies of a home, business, or motor vehicle.
A self-defense claim may require careful examination of:
The reasonableness of the accused person’s conduct must be evaluated from the circumstances as they appeared at the time—not solely with the benefit of hindsight.
Louisiana law also recognizes the right to use force in defense of another person under qualifying circumstances.
A defense-of-others claim may arise when the accused reasonably believed that another person faced an imminent threat of death or great bodily harm and that the use of force was necessary to prevent it.
These cases require detailed examination of what the accused saw, heard, and reasonably believed when the decision to act was made.
When a death results from violence or suspicious circumstances and self-defense is claimed, the defense should independently investigate the case and promptly seek preservation of:
Video or electronic evidence may be lost or overwritten if it is not identified and preserved quickly.
Homicide and attempted-murder prosecutions often rely on a combination of witness testimony, forensic evidence, and circumstantial proof.
A defense attorney should examine:
The filing of a serious charge does not relieve the State of its obligation to prove every required element beyond a reasonable doubt.
At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III prepare serious felony cases with the possibility of trial in mind from the beginning.
In 2026, the firm obtained a not-guilty verdict in a Jefferson Parish jury trial involving a fatal shooting and a claim of self-defense. The defense included testimony from an expert in police practices and the use of force, along with surveillance video, eyewitness testimony, forensic and toxicology evidence, and a detailed examination of the split-second circumstances confronting the defendant when force was used.
Our attorneys have experience examining:
Past results do not guarantee a similar outcome in another case. Every case depends on its own facts, evidence, and applicable law.
If you are under investigation or have been arrested for homicide or attempted murder, do not give a statement about the incident without legal counsel.
What occurs during the first hours and days of the investigation can affect the entire case. Witnesses should be identified, video should be preserved, physical evidence should be examined, and the defense should begin immediately.
Contact Marino & Ehle, LLC for a confidential consultation with attorneys Joseph A. Marino III and Davidson S. Ehle III.
Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.
