Baton Rouge Second Degree Murder Lawyer

Baton Rouge Second Degree Murder Attorney

Second-degree murder is one of the most severe criminal charges you can face, carrying the potential for life in prison if you are convicted. It’s essential that you get dedicated legal representation and work with a Baton Rouge second degree murder lawyer to create a defense. You should not face the criminal justice system alone without a dedicated legal advocate to present your side of things.

Hire a Second Degree Murder Lawyer at Longman Jakuback

Longman Jakuback has spent nearly a decade diligently advocating for the rights of those in Baton Rouge facing serious criminal charges. Our firm is dedicated to helping people like you protect your rights and your future. 

We can help you navigate serious homicide charges in the 19th Judicial District Court or the U.S. District Court for the Middle District of Louisiana. Our attorneys have over 30 years of collective legal experience and have handled both trial cases and post-conviction relief cases. You deserve a fierce and straightforward legal advocate who will help you understand the realistic potential outcomes of your case.

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Understanding a Baton Rouge Second-Degree Murder Charge

Second-degree murder charges are less serious compared to first-degree murder charges, but are still one of the most severe forms of homicide and a harshly prosecuted offense. It is charged when you kill another person and one of the following is true:

1. You intended to kill them or intended to cause severe bodily injury.
2. The death occurred because you were committing another serious criminal offense, although you had no intention to cause serious harm or death.
3. The death occurred as a direct result of ingesting controlled substances considered Schedule I through Schedule V drugs that you illegally distributed or provided, either to the person who ingested the drugs or to another person who provided the substance to the individual who died.

If you are convicted of second-degree murder, you receive life in prison. This penalty includes imprisonment with hard labor and does not allow for probation, parole, or any type of suspension of your sentence.

Committing Another Offense and Second-Degree Murder Charges

If a second-degree murder offense is charged for an unintentional killing because of another criminal offense, this only applies to specific, serious offenses. This includes offenses or attempted offenses of:

• Aggravated arson
• Aggravated escape
• Cruelty or second-degree cruelty against juveniles
• Cruelty to or second-degree cruelty against those who are elderly or have infirmities
• Using force or violence to resist a police officer
• Second-degree or aggravated kidnapping
• Armed, first-degree, second-degree, or simple robbery
• Aggravated, first-degree, second-degree, or forcible rape
• Assault by a drive-by shooting
• Aggravated burglary
• Terrorism

Homicide and Murder Offenses Happening in Baton Rouge

In East Baton Rouge Parish, there were 11 offenses of murder and nonnegligent manslaughter in 2024, and 357 homicide offenses overall in the state.

The primary location of homicide offenses in the state was a home or residence, where 194 offenses occurred. One hundred seventeen homicide offenses involved a handgun, and 106 offenses involved a firearm.

What Are Potential Defenses to Second-Degree Murder Charges?

The right defense for second-degree murder charges depends entirely on your specific case, which is why you need to work with an attorney to assess the ideal legal defense. Defenses might include:

• Self-defense, an affirmative defense that argues that you acted to protect yourself or others from deadly harm.
• Constitutional violations, where your rights were violated by law enforcement during an arrest and the evidence they secured is inadmissible.
• Lack of intent, which claims you did not intend to cause injury or death and there were no aggravating factors.
• Innocence, including arguing mistaken identity, providing an alibi, or otherwise arguing that you are not guilty of the offense.
• Passion, an affirmative defense that argues you acted in the heat of the situation, and can reduce murder charges to manslaughter charges in some cases.

FAQs About Baton Rouge, LA Second Degree Murder Laws

What’s the Difference Between 1st and 2nd Degree Murder in Louisiana?

The main difference between 1st and 2nd degree murder in Louisiana is that first-degree murder involves specific aggravating circumstances. A first-degree murder offense is an offense committed with the intention to kill and other aggravating factors. Second-degree murder can include an offense with the intention to kill, or it can involve aggravating factors without the intention to kill.

Both offenses can result in life in prison. First-degree murder has the potential to be penalized with the death penalty.

What Is an Example of 2nd Degree Murder in Louisiana?

One example of 2nd degree murder in Louisiana occurs when an individual commits another felony offense, without the intent to cause death or serious injury, but the offense causes the death of someone else. This includes felony offenses like aggravated arson, terrorism, certain kidnapping offenses, certain rape offenses, or robbery.

Another example of second-degree murder in Louisiana occurs when someone sells or distributes certain dangerous controlled substances, and that substance is a direct cause of someone else’s death.

Is Murder Worse Than Manslaughter?

Murder is considered a worse criminal offense than manslaughter in Louisiana. Murder offenses carry a level of intent to commit injury or death, or involve serious criminal behavior leading to someone else’s death. Manslaughter involves no intention to kill or cause harm, a death caused through the commission of a less-serious criminal offense, or a homicide committed out of passion.

Murder can be charged with life in prison, while manslaughter carries up to 40 years in prison.

What Is the Minimum Sentence for 2nd Degree Murder in Baton Rouge?

The minimum sentence for 2nd degree murder in Baton Rouge is life imprisonment with hard labor, and without the ability to secure probation, parole, or sentence suspension, under state law. 

With so much at stake, it is important that you hire a second degree murder lawyer who can work to build a defense, potentially securing a conviction for a less serious homicide offense. Less severe homicide offenses could carry a lower term of imprisonment.

Reach Out to a Baton Rouge Second Degree Murder Attorney

You have the civil right to a legal defense, and it is essential that you take advantage of that right. A charge for second-degree murder can permanently affect your freedom and life. If you or someone you love has been charged with murder or homicide offenses and you need an experienced attorney, reach out to Longman Jakuback in Baton Rouge today.