Lawyering by Example
IMG_2888.jpg

Homicide Defense Attorney in Baton Rouge

Borghardt Law Firm defends clients facing homicide charges in Baton Rouge, LA, including murder, manslaughter, and vehicular homicide. Call for a confidential, free consultation.

 

A strong homicide defense is built on strategic decisions made from day one, not just arguments made at trial.

Schedule a Free Consultation


It's the phone call no one is prepared for. A loved one has been arrested in connection with a death in Baton Rouge, and your world stops.

Before you do anything else, know that the steps taken in these first few hours are irreversible and can define the outcome.

When facing a homicide charge in Louisiana, the legal process can feel overwhelming. A strong criminal defense is built on strategic decisions made from day one, not just arguments made at trial. Knowing the path forward, from the police station to the courtroom, is critical. The single most crucial action is to secure an experienced Baton Rouge murder defense lawyer who can begin protecting your family’s future immediately.

The First 24 Hours: What You Must Do to Protect Your Rights

In the moments after an arrest, what you don’t say is critical. You have the right to remain silent—use it. State clearly: “I am going to remain silent, and I want a lawyer.” Say nothing more. Do not try to explain the situation or be helpful. This sentence is your most powerful protection.

Police are legally allowed to mislead you. They might suggest a 'quick chat' will help or claim to have evidence they don’t. These are common tactics designed to get a statement. Talking to them without your own lawyer present can cause irreversible damage to your case, even if you are innocent.

Your silence is a shield, but the next step is urgent. While you are in custody, the state is building its case against you. You need an expert to intervene immediately and begin building your defense. The fight for your future starts by contacting an experienced defense attorney.

“I am going to remain silent, and I want a lawyer.”

  • Many people hear “homicide” and immediately think “murder,” but the law distinguishes them based on a critical factor: intent. What was going through a person’s mind at the time dramatically changes both defense strategies and potential penalties.

    Murder generally requires a specific intent to kill or cause significant harm. By contrast, manslaughter charges in Louisiana could result from a death that happens in the heat of a sudden quarrel. Negligent homicide is different still, often involving a tragic accident caused by criminal carelessness, where there was never any intent to hurt anyone.

    Because the stakes are high, prosecutors often file the most serious charge the evidence could support. This initial charge is a starting point for negotiation, not a final, unchangeable verdict. It’s the prosecution's opening move in a long and complex process.

    A defense attorney’s work begins with a deep investigation to find evidence proving the facts don’t match the charge. By challenging the prosecution’s claims of intent, an attorney seeks to have charges reduced or dismissed. This fight to define what really happened is a core part of a Baton Rouge homicide attorney's role.

  • While courtroom battles make for good television, the most critical defense work happens long before a trial ever begins. Experienced murder trial attorneys spend the majority of their time on investigation. This starts with “discovery,” where they demand all of the prosecution's evidence—police reports, witness statements, and lab results. Simultaneously, they conduct their own independent investigation to uncover facts the police may have missed or ignored.

    After scrutinizing every detail, the attorney challenges the state's case, seeking weaknesses, constitutional rights violations, and flaws in the evidence collection. For example, if there are issues with the forensic evidence in a homicide case, the defense can file a “motion to suppress.” This is a formal request asking the judge to throw that evidence out, so the jury never sees it.

    This intensive preparation creates crucial leverage, opening the door for negotiations that can lead to reduced charges or even a complete dismissal. The best possible outcome is often achieved without ever stepping in front of a jury.

  • Common defenses for a murder charge focus on legal justification or creating a reasonable doubt. A primary defense is to show that the act was legally justified. Under Louisiana self-defense laws, a person may use force to protect themselves from what they reasonably believe is an imminent threat of harm. A defense attorney’s job is to find evidence—from witness accounts to video footage—that proves the actions were a necessary and lawful response.

    Another powerful strategy is to create reasonable doubt. The state must prove its case beyond all reasonable doubt, a very high bar. Your attorney’s role is to find weaknesses by challenging inconsistent witness testimony, exposing potential motives for false accusations, or presenting evidence that points to a case of mistaken identity. This shows a jury that the state’s version of events is not the only possibility.

    This intense scrutiny applies directly to all forensic evidence. A skilled attorney will investigate the "chain of custody”—the documented log of who handled every piece of evidence. If DNA, fingerprints, or ballistics evidence is contaminated or improperly analyzed, it may be excluded from trial. A case built on faulty evidence can quickly fall apart.


A Simple Guide to the Louisiana Homicide Court Process

The Louisiana homicide court process follows a general path through the East Baton Rouge Parish criminal court system. While every case is unique, the journey typically involves these key stages:

  1. Arrest and Booking

  2. Bail Hearing

  3. Arraignment (Entering a Plea)

  4. Discovery and Pre-Trial Motions

  5. Plea Negotiation or Trial

Two of the first and most critical steps are the bail hearing and the arraignment. The bail hearing is the first opportunity to argue for release from jail while the case is pending. Shortly after, at the arraignment, the state’s formal charges are read, and an initial plea of "not guilty" is entered. This hearing officially kicks off the legal battle ahead.

From this point, the case becomes a marathon, not a sprint. The discovery and pre-trial motions phase often takes many months, or even over a year. This is not a delay; it is the essential period where your attorney builds your defense, challenges the prosecution's evidence, and fights to protect your rights.

How to Choose the Right Homicide Defense Attorney in Baton Rouge

Choosing the right legal strategist is your first, and most potent, act of defense. When evaluating homicide lawyers in East Baton Rouge Parish, ask targeted questions about their specific trial experience and investigative process.

Use a free consultation for a murder charge, not as a sales call, but as an interview. This is your chance to gauge an attorney's strategy and determine if they are the right partner for this fight. The defense of a future begins long before a trial—it starts with this informed choice.