Homicide Lawyer Baton Rouge: Defenses Used in Homicide Cases

Homicide Lawyer Baton Rouge

If you’re under investigation or already charged, act fast. A homicide case can impact your freedom, reputation, and family. With a focused Baton Rouge homicide lawyer, you’ll understand your options, potential defenses, and the steps to protect your rights.


 

David E. Stanley, APLC, is a homicide lawyer in Baton Rouge who focuses on guiding clients through some of the most serious criminal charges they may ever face. We take time to review every detail of your case, identify possible defenses, and build a strong strategy that protects your rights at every stage. Contact David E. Stanley, APLC, promptly to get the legal support you need during this critical time.

Looking for a homicide lawyer in Baton Rouge?

Call David E. Stanley, APLC

225–926–0200

Understanding Homicide Charges in Louisiana

Homicide refers to the killing of one person by another; some homicides are unlawful (e.g., murder, manslaughter), while others may be legally justified or excused. Under Louisiana law, homicide charges are classified as:

  • First-degree murder
  • Second-degree murder
  • Manslaughter
  • Negligent homicide
  • Vehicular homicide

Each charge carries its own legal definition and penalties. Because the stakes are high, working with a Baton Rouge homicide lawyer who knows Louisiana law can make a real difference.

What a Homicide Lawyer in Baton Rouge Does

Your defense begins with a meticulous case review:

  • Evidence analysis: reviewing police reports, forensic results, videos, and digital records.
  • Witness work: interviewing witnesses, assessing credibility, and identifying impeachment material.
  • Legal strategy: building a tailored defense, filing targeted motions (including motions to suppress), and consulting with forensic and technical specialists.
  • Court advocacy: representing you at hearings, conducting negotiations, and presenting the case at trial.

The goal is clear: protect your rights and pursue the most favorable outcome possible.

Common Defenses Used in Homicide Cases

Self-Defense

Self-defense applies when a person reasonably believes they face an imminent threat of death or great bodily harm and that the use of deadly force is necessary to prevent it. In Louisiana, a person who is not engaged in unlawful activity and is lawfully present has no duty to retreat and may use deadly force when they reasonably believe it is necessary to prevent death or great bodily harm. Evidence such as injuries, witness statements, or video recordings often supports this claim. Louisiana law presumes a reasonable belief in the necessity of force when an intruder unlawfully and forcibly enters a dwelling, place of business, or motor vehicle, provided the statute’s conditions are met.

Defense of Others

Defense of others is similar to self-defense but focuses on protecting another person who is in danger. This defense argues that the accused acted to stop a threat and prevent great bodily harm to someone else. Once evidence supporting the defense of others is raised, the state must prove beyond a reasonable doubt that the force was not justified. Credible witness accounts, surveillance footage, or documented threats against the person defended can strengthen this defense in court.

Lack of Intent

Lack of intent challenges whether the accused had the required mental state. Some homicide charges (e.g., first- or second-degree murder) require proof of specific intent, while others (like negligent homicide) do not. Demonstrating the absence of specific intent may defeat murder charges, though other offenses with lesser mental states can still apply depending on the facts. Evidence can include pre-incident behavior, accidental circumstances, or other facts showing there was no deliberate plan to cause death.

Insanity

Under Louisiana law, the insanity defense applies when a mental disease or defect made the accused incapable of distinguishing right from wrong at the time of the offense. The defendant has the burden to prove insanity by a preponderance of the evidence. This defense relies on evaluations from mental health professionals, medical records, and expert testimony, focusing on whether the defendant was incapable of distinguishing right from wrong at the time of the offense.

Accident or Mistake

This defense states that the death resulted from an accident or misunderstanding rather than a criminal act. It shows there was no intent to harm and that the event happened unexpectedly. Evidence may include physical proof from the scene, witness statements, or explanations of how the mistake occurred. The goal is to show that the death was accidental and not the result of criminal intent or criminal negligence.

Alibi

An alibi defense shows that the accused was not present when the crime happened. By proving they were somewhere else, the lawyer can argue that they could not have committed the act. This defense often uses phone records, receipts, surveillance videos, or witness testimony. A well-supported alibi — such as time-stamped records and credible witnesses — can create reasonable doubt and may lead to dismissal or acquittal.

Typical Steps in a Homicide Case

While every case is different, many matters involve:

  1. Investigation and/or arrest.
  2. Formal charges and the defendant’s first court appearance.
  3. Discovery and investigation by both sides (evidence, witnesses, forensics).
  4. Pretrial motions (e.g., to suppress evidence).
  5. Negotiations and potential plea discussions.
  6. Trial (if no agreement is reached).
  7. Verdict, sentencing, and potential appeals.

Why Choose David E. Stanley, APLC

  • We provide focused representation for serious criminal charges.
  • We develop tailored defense strategies from intake through trial.
  • We conduct thorough evidence reviews and collaborate with qualified experts.
  • We offer clear, practical guidance at every stage.

Frequently Asked Questions

  • What Are Some Characteristics of a Good Homicide Lawyer in Baton Rouge?

Some characteristics of a good homicide lawyer in Baton Rouge include clear communication, a deep understanding of criminal law, and full dedication to defending their clients. They carefully review evidence, identify weaknesses in the prosecution’s case, and provide honest guidance at every stage. Remaining calm under pressure, they present arguments confidently and logically. Strong investigative abilities and a strategic approach help clients feel understood and reassured about their defense.

  • What’s the Typical Experience of a Baton Rouge Homicide Attorney?

A typical experience of a Baton Rouge homicide attorney involves years of handling serious criminal cases and navigating the high-pressure environment of courtroom litigation. These attorneys work closely with investigators, interview witnesses, and examine forensic reports to understand every detail of the case. They also prepare strong arguments for judges and juries while staying familiar with how local courts and prosecutors operate. Their background often includes negotiating plea deals, managing complex trials, and supporting clients through stressful and emotional situations.

  • What Are the Typical Steps in a Homicide Case?

While every case is different, many homicide matters involve an arrest or investigation, followed by formal charges and the defendant’s first court appearance. Investigations continue as both sides gather evidence, speak with witnesses, and analyze forensic results. Pretrial hearings address legal motions, and the defense may challenge improper evidence. If no plea agreement is reached, the case goes to trial, where both sides present arguments. After the verdict, sentencing or appeals may follow.

Homicide Lawyer in Baton Rouge, LA

Facing a homicide charge is overwhelming, and having a knowledgeable homicide lawyer in Baton Rouge is essential. At David E. Stanley, APLC, you receive dedicated legal representation focused on protecting your rights and building a strong defense. Attorney David E. Stanley approaches each case with careful strategy, attention to detail, and a commitment to achieving the most favorable outcome possible. He guides clients through the legal system, addresses every challenge, and works tirelessly to defend their future. Reach out today to schedule a consultation and discuss how your case can be handled effectively.


Get the legal support you deserve

Call David E. Stanley, APLC

225–926–0200

David E. Stanley, APLC

1055 Laurel Street, Suite 2 Baton Rouge, LA 70802

225–926–0200

Disclaimer: This article provides general information and does not serve as legal advice. For legal concerns, consult a licensed attorney. Viewing or interacting with this content does not create an attorney-client relationship. This includes submitting a form, leaving a comment, sending a message, making a call, or leaving a voicemail. Laws may vary by jurisdiction. Laws are subject to change; always verify current legal requirements with a qualified professional. Remember that each case is different, the results of each case will vary, and that all videos posted on this website are not legal advice.

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Engagement Notice:

An attorney–client relationship with David E. Stanley, APLC, begins only upon a written agreement and retainer payment, confirmed in a signed engagement letter. Do not send confidential information until such an agreement is executed.

Jurisdictional Statement:

David E. Stanley, APLC, practices law exclusively within the State of Louisiana. Representation in other jurisdictions may involve association with local counsel.

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The post Homicide Lawyer Baton Rouge: Defenses Used in Homicide Cases appeared first on Criminal Defense Attorney Baton Rouge — David Stanley Law.


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