When facing criminal charges in Louisiana, hiring a legal defense attorney is one of the most important decisions you can make. Navigating the complexities of the legal system requires a deep understanding of Louisiana law, strategic thinking, and a commitment to protecting your rights.
Being accused of kidnapping in Louisiana is a dire and frightening situation. Kidnapping charges carry severe legal consequences that can impact your life and future significantly. It’s essential to understand what you’re facing and to get legal counsel immediately to protect your rights and build a strong defense.
Facing criminal law charges can be an overwhelming and distressing experience. Having a seasoned criminal law attorney by your side is essential during such challenging times. Hiring the right criminal law lawyer can make a significant difference in the result of your case. It’s crucial, therefore, to carefully weigh your options and choose someone qualified and with whom you feel comfortable.
Facing a murder charge can be a devastating experience with life-altering consequences. It’s crucial to understand that you’re not alone in this battle. A qualified defense attorney can offer valuable advice and support to safeguard your rights and pursue a favorable outcome.
Robbery occurs when a person unlawfully takes another’s property using force, intimidation, or threats. In Louisiana, authorities categorize robbery as a felony and classify it as a violent crime due to the use or threat of force.
If you have been charged with a crime, you should consider hiring a well-experienced defense lawyer in Baton Rouge, Louisiana, to help you get those charges dropped, dismissed, or reduced before trial, present the best possible defense at trial, and, if necessary, present mitigating evidence for a reduced sentence. Determining which criminal defense attorney is right for you, and how to retain that attorney’s services, may feel overwhelmingly difficult to you. Over the past ten years, there has been an almost 20% increase in the US lawyer population. What is the best way to locate a local attorney when there are so many of them? Well, you must first know what traits to look for in an attorney.
If you have been arrested and charged with a crime, contact a knowledgeable and experienced defense lawyer as soon as possible. With years of expertise defending clients against all kinds of criminal accusations, David E. Stanley, APLC, will bring high energy and maximum effort to secure the best outcome for your case.
Here are the qualities to look for in a well-experienced criminal defense lawyer in Baton Rouge, Louisiana. By keeping these qualities in mind, you can find a trustworthy lawyer. Choosing a well-experienced defense lawyer can assist you in avoiding or reducing jail time, so you must find the absolute best.
The most qualified criminal defense attorney in your area will have finished three years of legal education and focus solely on criminal defense. They will be authorities in criminal process, legal writing, and research. Additionally, your lawyer ought to be well-versed in the criminal justice system. After graduating from law school, your attorney ought to have been admitted to the bar in your state. They could also be accepted to the bars of more US District Courts. Be bold and inquire about your lawyer’s educational background, area of expertise, and area of specialization.
Looking up a lawyer’s area of expertise on their website is an excellent way to determine if they are a good fit for your particular criminal charges. Is “criminal defense” one of the practice areas mentioned? You can also find out from potential attorneys what kind of cases like yours they have handled. Can they provide an example of someone who is going through anything similar? What was the result, and how did they approach it? Find out from your attorney what proportion of their cases are related to criminal defense. How frequently does the defendant get a favorable outcome in these cases? You should be able to tell from your lawyer’s responses how much experience they have defending people in comparable circumstances.
Think about the ethics of each criminal defense lawyer you are researching. Can you trust them? Usually, it’s hard to know after just one consulting session. Instead, look them up online to see if they have an ethics code. Here are some guidelines:
Locating a well-experienced defense lawyer with high moral standards that you can trust to do right by you is crucial. Select a reliable person. What about their assessment? Look for an attorney who can quickly form an opinion after hearing the other side’s case. Your case may succeed or fail based on their quick thinking.
Empathetic and proactive may seem like an odd combination, but both are often necessary and appropriate in criminal defense. Selecting a lawyer solely interested in collecting a lower fee for a quick guilty plea is not advisable. They may not be concerned about your well-being and best interests, and may not do the work necessary to properly investigate and evaluate your case to uncover all of the defenses and options available to you.. Some attorneys may recommend that you accept an undesirable plea to avoid the time and expense of taking your case to trial. Instead, seek out a lawyer who genuinely cares about you and is empathetic to your problems and concerns. Being accused of a crime is a complex and frequently frightening process. Your safety and well-being should be your lawyer’s top priority. They can even assist in preserving your privacy by shielding you from exposure in the public eye. Sometimes, proactive tactics are also essentia and necessary in criminal proceedings. A lawyer who is committed to actively fighting for you and your legal rights, rather than sitting back and reacting to the actions of the prosecutor, is what you need. Are they ready to defend you? Will they take proactive steps to improve your defense case? Taking quick action to implement a strong defense strategy at the appropriate moment may lead to a more favorable resolution of your case.
Most criminal defense lawyers charge a fixed fee for their legal services or, in some cases, may charge for their time at their hourly rate for all time spent working on your case. In addition to the attorney’s fee, the client is also responsible for paying all of the case costs. The type of fee charged, and the total amount of the attorney’s fee for the representation depends on a number of factors. Some of these factors are the total number of charges filed against you, the severity of those charges, and the amount of time necessary for your lawyer to properly defend you on those charges.
Sometimes, a less experienced and less expensive lawyer may be the best choice to handle your case particularly if you are charged with a misdemeanor, a relatively low level felony offense, or if you are on a very limited budget. However, if you are charged with a serious felony charge such as murder, manslaughter, rape or any other sex crime, kidnaping, arson, armed robbery, home invasion, manufacturing or distribution of drugs or narcotics, or similar offenses, hiring a less experienced lawyer who charges the lowest fee may not be the best choice. Hiring an aggressive and experienced defense lawyer who is willing and capable of fighting your charges in court to help you reach your desired outcome is a much better investment that may help shield you from the life altering consequences resulting from a conviction of a serious felony charge.
Selecting a defense lawyer with excellent negotiation skills is essential. Not every situation is clear-cut, so you’ll need a lawyer to assist you in negotiating for the best result. Your interactions and experience with them will give you a sense of how skilled they are in this area.
It can be challenging for those outside the legal community to comprehend technical legal jargon and court procedures. A competent attorney can clearly explain them to you and provide you with the information you need to understand them. Additionally, they will answer your calls, emails, and queries promptly. Make sure your lawyer is aware of any preferred communication methods you may have.
You should hire a criminal defense attorney in Louisiana as soon as you become aware that you may be charged with a crime. This includes if you believe you are under investigation for a crime or in connection with a crime.
Mr. Stanley handles complex or serious felony criminal cases in all federal and state courts in Louisiana including, but not limited to, murder, manslaughter, homicide, arson, kidnaping, sex crimes, manufacture and distribution of drugs, narcotics, and other controlled dangerous substances, money laundering, firearms and weapons crimes, RICO and white-collar crimes, and other serious felony crimes.
A criminal defense lawyer may be able to help get your criminal charges dropped, dismissed, or reduced and assist you with developing mitigation evidence for use in seeking a reduced sentence. This is because a qualified criminal defense attorney will work hard to achieve the best possible outcome for your case. While no guarantees can be made, they may negotiate for reduced charges, dismissals, or favorable plea deals.
Yes, you can appeal a conviction or sentence. Consult with an appellate attorney to explore the grounds and process for filing an appeal.
Are you seeking a qualified and well-experienced defense lawyer in Baton Rouge, Louisiana? Look no further than David E. Stanley, APLC. David Stanley is a criminal defense lawyer in Baton Rouge, LA. David E. Stanley, APLC, is energetic and works hard to ensure that each client receives the best possible outcome. Contact David Stanley today to discuss your criminal case and get started taking back your life.
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
Drug crimes have severe penalties in Louisiana. A drug conviction can have a significant negative influence on your life. It might result in job loss, make it challenging to find new employment, or even cause you to lose custody of your children. These are only a handful of the legal consequences of felony drug convictions. When selecting a drug crime lawyer who can adequately manage your drug case, you must pick one who is skilled, informed, and reliable. Here’s where David E. Stanley, APLC’s drug crime attorney, may assist you.
When hiring a drug crime lawyer in Louisiana, several vital factors should be considered to ensure you secure the proper legal representation for your case. Louisiana, like many states, has stringent drug laws, and navigating through legal complexities requires expertise. Here are the key considerations that can guide you in making an informed decision when selecting a drug crime lawyer.
One of the paramount factors to consider is the lawyer’s experience handling drug crime cases. Look for a criminal defense lawyer who is focused on drug-related offenses. This expertise is vital as drug cases can involve intricate legal issues, including search and seizure laws, evidence admissibility, and understanding the specific drug statutes in Louisiana.
Louisiana has its own set of drug laws that can vary from federal regulations. A knowledgeable drug crime lawyer should be well-versed in state and federal drug laws to build a robust defense strategy. Understanding the nuances of Louisiana’s Controlled Dangerous Substance (CDS) laws and penalties is essential for effective representation.
Review the lawyer’s track record in handling drug crime cases. Success in similar cases indicates the lawyer’s competence and ability to navigate the complexities of drug-related legal proceedings. A drug crime lawyer with a history of securing favorable outcomes for clients facing drug charges will likely be better at handling your drug crime case effectively.
Seek feedback from previous drug crime clients to gain insights into the lawyer’s reputation and client satisfaction. Reviews and testimonials can offer good information about the lawyer’s communication skills, responsiveness, and effectiveness in handling drug crime cases.
Effective communication is crucial in legal proceedings. Ensure the drug crime lawyer you choose is knowledgeable and can communicate complex legal concepts clearly and understandably. A drug crime lawyer with solid communication skills will keep you informed about the progress of your case and explain legal options in a way you can comprehend.
Consider the lawyer’s availability and accessibility. Legal matters can be time-sensitive, and having a drug crime lawyer who can promptly respond to your queries and address concerns is vital. Clarify the expected response times and communication channels to ensure understanding.
Ensure the lawyer respects and upholds client-attorney privilege. Trust and confidentiality are crucial in legal matters, and a lawyer who values the sanctity of this privilege will create an environment where you can openly discuss details of your case without fear of unauthorized disclosure.
Many criminal cases, including drug crimes, are resolved through negotiations. A skilled negotiator can secure a more favorable plea deal or reduced charges. Assess the lawyer’s negotiation skills and ability to work with prosecutors to achieve the best possible outcome for your case.
Familiarity with Louisiana local court procedures and personnel can be advantageous. A lawyer with experience in Louisiana’s court system may have insights into local judges, prosecutors, and court practices, potentially influencing the outcome of your case.
Hiring a drug crime lawyer in Louisiana demands a thoughtful and thorough approach. Considering the above factors, you can raise your chances of securing competent legal representation tailored to the state’s unique complexities of drug-related offenses. Remember, the right drug crime lawyer can make a significant difference in the outcome of your drug crime case, and investing time in selecting the appropriate legal counsel is a crucial step in safeguarding your rights and future.
A drug crime lawyer can help you present your case effectively and truthfully to obtain the best outcome or sentence possible. Even if you may not be able to ultimately avoid a conviction or guilty plea, getting assistance from someone who can strengthen your case or present mitigating evidence to lower the charge may help you achieve a more favorable outcome or a lighter sentence.
Drug defense attorneys have an extensive understanding of the legal system, allowing them to represent you effectively. Furthermore, a lawyer focusing exclusively on drug charges would undoubtedly know how to act, what to say, and how to behave in court. They will also be able to counsel you on these matters.
A drug crimes lawyer can help by knowing the specific types of drug offenses that are common in Louisiana. Louisiana deals with various drug offenses, including possession, cultivation, manufacture, distribution, and trafficking. A specialized lawyer can navigate these charges, building a defense tailored to the specific allegations made against you and the particular charges filed by the district attorney.
The most common defenses against drug crime are:
David E. Stanley devotes time and effort to developing the most comprehensive defenses possible for the benefit of its clients. Mr. Stanley has handled drug cases and can provide the attention, direction, and assistance you need to navigate this stressful procedure. If you need a trustworthy drug crime lawyer, contact David E. Stanley, APLC.
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
In Louisiana, second degree murder is defined in La. R.S. 14:30.1 as the killing of a human being when (1) the offender has a specific intent to kill or to inflict great bodily harm; or (2) when the offender is engaged in the perpetration or attempted perpetration of specifically certain felony crimes including, but not limited to, first or second degree rape, aggravated arson, aggravated or second degree kidnapping, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, terrorism, and other offenses listed in the statute, even though he has no intent to kill or to inflict great bodily harm; or (3) when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance; or (4) when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
Suppose you or someone you love is facing a charge of second degree murder. In that case, you should immediately contact David E. Stanley, APLC, a highly skilled, knowledgeable, and experienced criminal defense attorney.
Second degree murder can occur in several different and distinct ways. Some of which require the killing of a human being when the offender has a specific intent to kill, or to inflict great bodily harm, on the victim. An example might be when two people get in a fist fight outside of a bar, and one of them attempts to stop fighting, and withdraw from the fight, but the other person goes to his car, pulls out a firearm, and shoots the other unarmed person involved in the fight
Second degree murder can also occur when the offender is engaged in the commission, or attempted commission of another serious felony crimes such as first or second degree rape, aggravated or second degree kidnaping, aggravated burglary, or armed robbery, even though the offender has no intent to kill or to inflict great bodily harm on the victim. So, for example, if the offender breaks into someone’s home with the intent to commit a felony or theft, while armed with with a dangerous weapon, and a person inside of the home is killed, even though the offender has no intent to kill or to inflict great bodily harm on that person, the offender may be charged with second degree murder. As another example, if the offender distributes or dispenses fentanyl or heroin to another person, who then ingests or consumes that drug, and the ingestion or consumption of the drug is the direct cause of that person’s death, then the offender may be charged with second degree murder.
Regardless of the factual circumstances that result in a charge of second degree murder, there is essentially only one statutory penalty, and it is life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence.
Someone facing a grand jury indictment for second degree murder in Louisiana should immediately contact and retain David E. Stanley, APLC. He is a highly skilled, knowledgeable, and experienced criminal defense attorney with his office located in Baton Rouge, Louisiana.
For a person found guilty of second degree murder, there is only one penalty, which is life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. With a possible exception for an offender who is under eighteen years of age when the crime is committed, parole, probation, or sentence suspension is not available to the offender.
Children who have not reached ten years of age are exempt from criminal responsibility but they are subject to the jurisdiction of juvenile courts as established by the Louisiana constitution and statutes. But yes, minors can be charged with second degree murder in Louisiana if they meet the criteria for the offense. For certain serious felony crimes, there are statutes that may allow juveniles that are 14 years of age or older, or 15 years of age or older, to be transferred from the juvenile courts and prosecuted as an adult in state district court subject to statutorily modified penalty provisions.
Yes, it is possible to secure a conviction for second degree murder in Louisiana, even without the victim’s body. Still, the prosecution must present solid circumstantial evidence and demonstrate that the person is deceased.
Yes, a person convicted of second degree murder in Louisiana has the right to a direct appeal of their conviction and sentence to the state appellate courts, the right to file a discretionary petition for a writ of certiorari to the Louisiana Supreme Court, and conceivably to the United States Supreme Court if the case raises issues of federal constitutional law.
If you or your loved one has been charged with second degree murder, you know that the situation is serious and how much is at stake. The decisions that you make right now about who to hire as your attorney, and how to defend yourself, are critical. These decisions may change the outcome of the case and determine what the future will be like for you or your loved one. The skill, knowledge, and experience of the defense lawyer you choose can make all the difference in your case. You need to get David E. Stanley, APLC, started working on preparing your defense today. Contact him now to schedule a consultation for a defense strategy session on your second degree murder case.
David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
(225) 926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
If you have been charged with a serious felony crime in Louisiana, you probably want to hire a highly experienced and knowledgeable criminal law firm based in Louisiana. With so many options, it can take time to identify the right firm for your particular case. But when you are charged with murder, manslaughter, homicide, sex crimes, firearms or weapons charges, or any other serious violent crime, contact David E. Stanley, APLC, a trusted and reputable law firm with a proven track record, as soon as possible.
Here are some of the important factors to consider when you are searching for a highly experienced and knowledgeable criminal law firm in Louisiana capable of handling the most serious and complex felony criminal cases in any federal or state court in Louisiana.
Since criminal law is a complicated field that constantly changes, most defense lawyers who practice this area of law will have a particular area of focus and experience. Selecting a highly experienced and knowledgeable criminal law firm that handles cases like yours is crucial if you want the best representation.
For example, if you are facing a charge of murder, manslaughter, a serious felony sex crime, or manufacturing or distribution of narcotics or other controlled dangerous substances, you probably want to be represented by a lawyer whose practice focuses on those types of serious and complex felony crimes rather than one that focuses on DWI, DUI or other driving offenses. It’s critical to choose a criminal law firm with a high level of knowledge, experience, and proven track record handling those types of serious crime when selecting your attorney. An attorney experienced with similar cases can increase your chances of a successful outcome.
A well-experienced criminal law firm will have a track record of accomplishments demonstrated by strong client review, recommendations, and favorable evaluations. Ask your civil, family, estate planning, or other personal attorney about each of the criminal law firms you are considering or ask them to refer you to trusted and reputable criminal defense law firms or to specific criminal defense lawyers. To find a suitable criminal law firm or lawyer for you, research the law firm and lawyer you are considering by going to their website. Read attorney reviews, attorney ratings, and endorsements by other attorneys on websites like Avvo to get a sense of how the attorney you are considering is regarded by existing clients and other attorneys. Look to see if the attorney you are considering is rated AV Preeminent by Martindale-Hubbel and whether the law firm and the lawyer is accredited by the Better Business Bureau.
Above all, you want your criminal defense lawyer to be someone you feel comfortable trusting and that is a good fit for you and your particular case. By setting up a consultation. you can learn more about the lawyer you are considering and discuss your concerns, expectations and the benefits of working with them on your criminal case. The result of your criminal case could be negatively impacted by choosing a criminal law defense lawyer that does not communicate well, does not promptly return your telephone calls, or who lacks your complete trust. He should be able to answer your questions, explain the legal process and court proceedings to you, discuss the options available to you, and clearly explain a defense strategy for your particular case. So, consult with a criminal defense attorney to discuss your case and gauge if the lawyer is someone you can trust and communicate with openly. Trust and open communication are critical to a successful criminal case defense.
Choose a firm you trust to defend your rights and act in your best interests. A strong partnership with your attorney can significantly increase your chances of achieving a successful resolution of your criminal charges. Your ultimate choice should be founded on your trust that the experienced criminal law defense lawyer you hire will provide sound legal advice, always act in your best interests, and protect your legal rights. If you and your lawyer work together in the decision making process, your chances of success will increase tremendously.
If you are under investigation, have been arrested, or you are charged with a serious or complex felony crime in any federal or state court in Louisiana, you should immediately contact an experienced and highly skilled criminal defense attorney to schedule a consultation at his office. Time is of the essence and you need trustworthy and competent legal advice concerning your specific criminal charges, the penalties for those crimes, the options available to you, and a defense strategy that puts you in the best position to achieve a favorable resolution of your charges. You discuss and decide whether it is in your best interests to attempt to get your charges dismissed, or to file pretrial motions to quash your charges or suppress evidence, or negotiate a favorable plea agreement, or proceed to trial.
You need a trustworthy, experienced and knowledgeable criminal defense lawyer who is a skilled legal advocate that will protect your legal rights. Contact David E. Stanley, APLC, as soon as possible if you are under investigation, receive a grand jury target letter, if the police try to question you regarding a criminal investigation, or if you are arrested. Remember, you have the right to counsel of your choice and the right to remain silent and refuse to answer police questions without your lawyer present with you. If law enforcement officers want you to answer their questions, you should exercise your rights by declining to answer their questions until you consult with a lawyer. LIkewise, to not voluntarily consent to allow them to search your person, home, vehicle, computer, cell phone, or any of your other personal property unless they have obtained and present you with a valid search warrant.
Yes, a criminal defense attorney may be able to help you get your criminal charges dropped, dismissed, or reduced. He may also be able to help mitigate your sentence so that you receive a less severe punishment but there are no guarantees.
The best practice is to consult with, and hire, an experienced criminal defense attorney as soon as you can after you become aware that you are under investigation by law enforcement; a search warrant is served on you authorizing law enforcement officer to search your home, vehicle, computer, cell phone or other personal property; you are the target of a grand jury; an warrant has been issued for your arrest; or you have been arrested. Remember, the sooner you retain your lawyer, the more time he has to work on your defense. Don’t waste time that could be better used to prepare the best possible defense for you.
Highly experienced and knowledgeable criminal defense attorneys are constantly in court, meeting with clients or other lawyers, preparing pleadings, and are busy practicing law. Their calendars fill up weeks or months in advance with court dates. It is unrealistic to wait until a day or two before your court date to try to meet with, or retain, an experienced criminal defense attorney. As soon as you learn you are being investigated for a crime, or that you are a target of a grand jury, or you are arrested, you should immediately start doing your homework to find the right lawyer for you and schedule a consultation with the lawyer you are interested in retaining. Sometimes, however, emergencies occur or unexpected situations arise, which require you to act quickly. David E. Stanley, APLC understands and will work with you to schedule a same day appointment, or as soon as possible, even if it is after normal business hours, on a weekend, or a holiday.
Once you have scheduled a consultation with the attorney you would like to retain, prepare for the consultation ahead of time. Think about and write down a list of the questions you would like to ask the lawyer. Bring any court notices, police reports, search warrants, arrest warrants, bail bond paperwork, and all other documents pertaining to your case to the consultation. Prepare a list of the names, addresses, and telephone numbers of all co-defendants, co-conspirators, eyewitnesses, and character witnesses for your case. Make a list of documents and other evidence you believe will be helpful to your case and give it to your attorney. Finally, consider your financial situation, your budget for the case, and start making financial arrangements before the consultation so that you will be able to pay your attorney if you decide to retain his services.
During your consultation with your attorney, tell him the whole truth, even if you believe the information makes you look guilty or hurts your case. Also, do not withhold important or relevant information from your attorney or mislead him in any way. Give truthful and complete answers to all of his questions. In order to give you the best possible advice in your case, your lawyer needs the whole truth so that he can fully understand what happened and your current situations.
A highly experienced and knowledgeable criminal defense attorney is an investment in yourself, your future, and your reputation. If you are charged with a misdemeanor or other minor crime, there are a lot of lawyers capable of handling your case. However, if you are facing serious or complex felony criminal charges that put you at risk of imprisonment for life, or imprisonment at hard labor for ten, thirty, fifty or more years, or large fines, or both, you need to hire the most knowledgeable, experienced, and highly skilled lawyer that you are able to afford. In this situation, you should view this as a once in a lifetime expense and be prepared to spend whatever is necessary to protect yourself, your family, and your future. You should make the necessary financial arrangements to be sure that you have the funds necessary to defend yourself. You want to retain a lawyer with a proven track record and a history of success in these types of cases, not someone just getting started or whose practice is focused on other areas of the law.
Are you seeking a highly experienced and knowledgeable criminal defense lawyer in Louisiana? Look no further than David E. Stanley, APLC. David E. Stanley, APLC is a criminal defense law firm with an office in Baton Rouge, Louisiana. You can talk about your criminal charges, or those of a family member or loved one, by contacting criminal defense lawyer David Stanley. Call him now to schedule a criminal defense strategy session for your felony criminal case. Start getting your life back today!!
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
An assault in Louisiana occurs when someone tries to injure another person physically (a battery); an example of this would be missing a strike with a hand or item. Any deliberate act or threat of action that justifiably makes someone fear that violence may break out can also be considered an assault. The assault laws of Louisiana apply to activities that involve threats of violence or attempted battery. When the defendant targets particular victims or the potential of injury increases, assault charges can go from misdemeanors to felony assault charges.
As soon as the arrest is made, you should speak with an assault attorney if charged with assault in Louisiana. It will be your best opportunity to achieve the optimal outcome. You will benefit in your circumstances if you have legal representation. While you wait for your trial, the lawyer can assist you with every legal matter. Hiring a lawyer may result in a dismissal of the charge, a reduced sentence, and ultimately work to your advantage in keeping an arrest or conviction off of your record. For this reason, contact dedicated lawyer David E. Stanley, APLC, who will work hard on your behalf.
David E. Stanley, APLC, focuses his practice on felony charges, including assault charges, and we will help you improve your chances of a successful outcome prior to, amd during, your trial. It will help the process move along quickly and make your life easier. Sure, you made a mistake, let him help you.
Here is what you can expect to take place if assault charges are filed against you.
The only things you are legally required to give the police when you are detained are your name and address. Without an attorney present, you have the right to silence and to refuse to answer any questions. Tell the cops you want an attorney if they want to question you. Wait until your lawyer arrives before answering any of their questions and do not volunteer any information to them. Remain silent until your lawyer arrives to meet with you.
Some people believe that they won’t say anything that incriminates them or undermines their case, or that will be helpful or advantageous to the prosecution. Frequently, this does more harm than good. In Louisiana, you’ll probably have to pay bail to be released from jail after being arrested on assault charges. You will be detained throughout the court proceedings if you cannot post a bond.
Within 48 hours of your arrest, the probable cause determination is made; it may happen without your presence or that of your attorney. The district attorney and a judge will conduct the hearing to ascertain whether there is probable cause to support your arrest.
Your first appearance before a judge will be to set your bond hearing and determine if you have legal counsel. If you are charged with a felony, and cannot afford counsel, the court will appoint counsel for you. Your bond determination will now consider the specifics of the alleged attack, your past criminal history, and the possibility that you may appear in court for additional hearings.
The district attorney’s office will examine the case file after the arrest and bond hearing to determine whether to press formal charges. If you are detained, the district attorney must file a bill of information or indictment on a misdemeanor offense within 45 days of your arrest. They have 60 days following the arrest if it is a felony assault charge.
If you are freed on bond, the district attorney has ninety days to file a misdemeanor bill of information or indictment. For felony assault charges, they have 150 days to submit documentation. The district attorney must release you from custody if they do not file charges against you within the allotted period. They can only keep you in custody if the government explains the holdup.
An arraignment occurs following the filing of charges by the District Attorney. When you and your lawyer arrive in court, you will formally enter a plea, typically “not guilty.”
The district attorney and your lawyer will probably negotiate a plea deal while the case is still pending. The aim is to find a solution that satisfies you, your attorney, the district attorney, and the judge. Plea agreements are reached when the parties consent to a lesser charge, reduced punishment, or when some of the charges are dismissed before trial or reduced to a lesser charge with less severe penalties. The plea agreement settles the criminal case without a trial.
The court will schedule a trial if your attorney and the district attorney cannot reach a mutually agreeable plea deal. A judge will preside over the trial when misdemeanor assault charges are brought. A judge or jury may preside over your trial if charged with a felony. A judge alone decides all questions of law and fact in a judge trial, including whether you are guilty or innocent of the offense.
When a jury is used in a trial, the judge decides all legal issues while the jury considers factual issues, such as guilt or innocence. The day the district attorney files the indictment or bill of information marks the start of the clock on your right to a prompt trial. If you are charged with a capital offense, your trial must happen in three years. For felony assault charges, the trial must be held within two years, and for a misdemeanor, within one year.
The parameters of your penalties, probation, or jail time are outlined during sentencing when you accept a plea deal or are found guilty by a judge or jury. Sometimes, a plea deal is pre-arranged with the judge and district attorney before the plea. Your criminal history and the present conviction will determine your sentence.
Assault is a misdemeanor; it is sometimes known as simple assault. According to La. R.S. 14:38, the punishment for this offense is a fine of up to $200, imprisonment for not more than 90 days, or both.
La. R.S. 14:37 provides that aggravated assault is an assault committed with a dangerous weapon The maximum penalty for this crime is $1,000 in fines and up to six months in prison. The only exception is that,, if the assault occurs against a retail employee during the commission of a robbery or attempted robbery, the minimum punishment is 120 days to six months in jail and a fine of up to $1,000.
La. R.S. 14:37.4 defines aggravated assault with a firearm as an assault committed with a firearm. A “firearm” is defined as an instrument used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it. The penalty for aggravated assault with a firearm is a fine of not more than $10,000 or imprisonment for not more than 10 years, with or without hard labor, or both.
Legal representation can help in felony assault cases by playing a crucial part in building a robust defense, navigating legal processes, and protecting the accused’s rights. Experienced attorneys can explore defenses, negotiate plea deals, and advocate for the best possible outcomes.
If you or a loved one are arrested on assault charges, you need to contact an attorney right away. Assault charges carry differing penalties, depending on the facts of the case, whether a dangerous weapon was used. Negotiating the court system can be challenging. A criminal defense attorney is familiar with the law, the criminal process, and will negotiate the best plea bargain possible or go to trial with you.
Many people wait to see what will happen, hoping the problem will disappear because they are innocent. Avoid making this catastrophic mistake. Regardless of whether you believe that you are guilty or innocent, David E. Stanley, APLC, will fight to achieve the best outcome possible on your behalf. Contact him now to schedule a consultation and get him working on your case..
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
