If you are searching for “first degree negligent injury Louisiana,” you may be trying to understand a serious criminal offense involving a vehicle and significant injuries. The official Louisiana legal term is first degree vehicular negligent injuring, established under Louisiana Revised Statutes § 14:39.2.
This offense can carry substantial fines and a potential prison sentence. If you or someone you know has been charged, understanding the law, possible penalties, and the importance of qualified Louisiana criminal defense representation can be an important first step.
Legal disclaimer: This article provides general legal information about Louisiana law and is not a substitute for advice from a licensed attorney.
What Is First Degree Vehicular Negligent Injuring in Louisiana?
Under Louisiana Revised Statutes § 14:39.2, first degree vehicular negligent injuring occurs when an individual causes serious bodily injury while operating or being in actual physical control of a motor vehicle, aircraft, watercraft, or another means of conveyance, and specified alcohol- or drug-related circumstances exist.
The statute identifies several circumstances that can satisfy this requirement, including:
- The driver is impaired by alcohol.
- The driver’s blood alcohol concentration is 0.08% or higher.
- The driver is impaired by another drug, a combination of drugs, or alcohol and drugs.
Importantly, not every accident involving an injury qualifies as first degree vehicular negligent injuring. The prosecution must establish the elements required under the applicable Louisiana statute.
What Does “Serious Bodily Injury” Mean?
The severity of the victim’s injuries is central to a first degree negligent injury case.
Louisiana Revised Statutes § 14:2 defines serious bodily injury to include bodily injury involving unconsciousness, extreme physical pain, protracted and obvious disfigurement, prolonged loss or impairment of a bodily member, organ, or mental faculty, or a substantial risk of death.
Examples can potentially include severe injuries requiring extensive medical treatment, permanent impairment, or injuries that create a substantial risk of death.
Whether a particular injury meets the statutory definition depends on the facts and evidence of the case.
First Degree vs. Ordinary Negligent Injuring in Louisiana
Louisiana has more than one negligent-injury offense, so it is important not to confuse them.
Louisiana Revised Statutes § 14:39 defines negligent injuring as inflicting an injury on another person through criminal negligence, with certain additional provisions concerning animals. The statute provides a maximum fine of $500, imprisonment for up to six months, or both.
By comparison, first degree vehicular negligent injuring specifically involves serious bodily injury connected to the operation or physical control of a conveyance and specified impairment circumstances.
There is also a separate offense called vehicular negligent injuring under Louisiana law. Anyone researching a criminal charge should therefore look at the exact statute number listed in their court documents.
What Are the Penalties for First Degree Negligent Injury?
The potential penalties for first degree vehicular negligent injuring are significant.
Under Louisiana Revised Statutes § 14:39.2, a conviction can result in:
- A fine of up to $5,000
- Imprisonment for up to 10 years
- Or both a fine and imprisonment
The statute also provides enhanced sentencing consequences in certain circumstances. If the defendant had a blood alcohol concentration of at least 0.15% when the offense occurred or has a prior conviction for operating a vehicle while intoxicated, the law provides for a fine of up to $5,000 and imprisonment for two to ten years. At least two years of that sentence must be served without the benefit of probation, parole, or suspension of sentence.
During any probationary period, the court may require participation in an approved substance-abuse treatment program and may require completion of a driver-improvement program.
Because sentencing depends on the circumstances and applicable law, a person facing prosecution should obtain advice from a Louisiana criminal defense lawyer rather than relying solely on general online information.
Does a 0.08% BAC Automatically Mean You Are Guilty?
No.
Louisiana’s first degree vehicular negligent injuring statute identifies a BAC of 0.08% or higher as one of the specified impairment conditions. However, the statute also requires the serious bodily injury and causation components of the offense.
Evidence in a case can include chemical testing, police reports, medical records, witness testimony, accident reconstruction, photographs, video footage, and other evidence.
A DUI defense attorney in Louisiana can review the circumstances surrounding the stop, investigation, testing, accident, and injuries to determine what legal issues may exist.
What Evidence Can Matter in a Negligent Injury Case?
Evidence can play a major role in both the prosecution and defense of a serious traffic-related criminal case.
Potential evidence may include:
- Police accident reports
- Blood or breath test results
- Toxicology reports
- Medical records
- Photographs of the vehicles
- Traffic-camera or surveillance footage
- Dashcam recordings
- Witness statements
- Accident reconstruction analysis
- Vehicle inspection records
- Cellphone or electronic evidence
- Statements made to law enforcement
The precise evidence available will vary from case to case.
Can the Injured Person File a Personal Injury Claim?
Yes, a criminal prosecution and a personal injury lawsuit are separate legal matters.
An injured person may potentially have a civil claim seeking compensation for legally recoverable losses such as medical expenses, lost income, property damage, and pain and suffering.
A person involved in an accident should also understand that Louisiana’s civil liability rules can affect how damages are calculated. Louisiana Civil Code Article 2323 addresses comparative fault and provides for allocation of fault among parties in many injury cases.
Therefore, someone injured in a crash may want to consult a Louisiana personal injury attorney about insurance coverage, liability, damages, and applicable filing deadlines.
What Should You Do After a First Degree Negligent Injury Charge?
If you have been arrested or charged, avoid discussing the details of the case publicly or making unnecessary statements to investigators without first understanding your legal rights.
Consider taking these steps:
- Obtain copies of your charging documents.
- Identify the exact Louisiana statute involved.
- Preserve relevant documents and evidence.
- Avoid deleting texts, photographs, videos, or other potentially relevant information.
- Follow all court requirements and deadlines.
- Speak with a qualified criminal defense attorney as soon as practical.
An attorney can explain the potential consequences and evaluate whether there are issues involving impairment evidence, causation, testing procedures, the seriousness of the injuries, or other elements of the charge.
Frequently Asked Questions About First Degree Negligent Injury Louisiana
Is first degree vehicular negligent injuring a serious crime?
Yes. Louisiana law permits a fine of up to $5,000 and imprisonment of up to 10 years for the offense. Certain circumstances can result in a mandatory two-to-ten-year imprisonment range with at least two years served without probation, parole, or suspension.
What injuries qualify as serious bodily injury?
Louisiana’s statutory definition includes injuries involving unconsciousness, extreme physical pain, significant and prolonged disfigurement, prolonged impairment or loss of bodily or mental function, or a substantial risk of death.
Can a first degree negligent injury conviction affect my future?
Potentially. A serious criminal conviction can have consequences beyond the immediate sentence, including effects on employment, professional opportunities, insurance, and future criminal proceedings. The specific consequences depend on the individual’s circumstances.
Should I hire a Louisiana criminal defense attorney?
Anyone facing a potentially serious criminal charge should consider obtaining advice from a qualified attorney who can review the actual charging documents and evidence. An attorney can explain the available legal options based on the specific facts.
Final Thoughts
First degree negligent injury Louisiana is commonly used as a search term for what Louisiana law calls first degree vehicular negligent injuring. Under Louisiana Revised Statutes § 14:39.2, the offense involves serious bodily injury connected to the operation or physical control of a conveyance along with specified alcohol- or drug-related circumstances.
The potential consequences can be substantial, including fines and imprisonment. A case can also involve complicated questions concerning DUI evidence, medical evidence, accident causation, insurance claims, and civil liability.
If you are facing this type of charge, consult a qualified Louisiana criminal defense attorney for advice based on your specific circumstances. If you are the injured person, a personal injury lawyer can separately explain your potential civil claims and available remedies.
This article is for informational and SEO publishing purposes only. It does not create an attorney-client relationship and should not be considered legal advice.