Child Pornography Defense Attorney Baton Rouge LA

What Are The Sexual Exploitation Laws in Louisiana Regarding Child Pornography?

Child Pornography Defense Attorney Baton Rouge, LA

In an era of increasing connection and internet interaction, it is more important than ever to safeguard vulnerable persons against sexual exploitation. Like many other states, Louisiana has enacted strict laws and regulations to prevent sexual exploitation. This article digs into the complexities of Louisiana’s sexual exploitation statutes, highlighting their significance and influence. Child Pornography Defense Attorney 

David E. Stanley, APLC, a highly skilled criminal defense attorney, understands the complexities surrounding child pornography cases. He is committed to championing your rights, safeguarding your best interests, and relentlessly pursuing the most favorable outcome for your case. David E. Stanley offers exceptional legal representation within intricate and challenging scenarios. Working from his office in Baton Rouge, Louisiana, he has a well-established history of effectively representing clients in felony criminal cases in federal and state courts throughout Louisiana. 

This impressive record stands as undeniable evidence of his proficiency and capabilities. His office is primed and ready to offer the precise assistance you need. Feel free to contact Criminal Defense Attorney David E. Stanley without delay to get started constructing a rock solid foundation for your defense strategy. His relentless commitment to you remains unwavering in his mission to safeguard your rights and furnish you with a sound and resilient legal defense.

Sexual Exploitation Definition

Sexual exploitation is exploiting someone for personal, sexual, or financial benefit, typically at their expense and against their choice. Sexual exploitation in Louisiana refers to actions that exploit others for sexual motives, such as prostitution, human trafficking, child pornography, and child exploitation.

This exploitative behavior breaches a person’s autonomy, dignity, and fundamental human rights. Sexual exploitation, in the context of Louisiana’s legal framework, refers to a wide range of behaviors that exploit and degradate vulnerable individuals for sexual purposes while disregarding their consent and well-being. Child Pornography Defense Attorney 

Child Pornography Defense Attorney Baton Rouge, LA

Prostitution from a Legal Perspective

Child exploitation and child pornography are often intertwined but encompass distinct forms of harm inflicted upon minors. While interconnected, they carry different connotations. Child exploitation casts a broader net, encompassing a range of harmful behaviors directed at children. Child pornography, on the other hand, consists of explicit visual material or recordings of minors engaging in sexual activities.

Child exploitation includes various abusive behaviors, such as physical, emotional, or psychological harm, manipulation, grooming, and even trafficking. These encompass acts that exploit a child’s vulnerability, trust, or dependency for personal gain or satisfaction. On the other hand, child pornography narrows its focus solely to the possession, production, and distribution of explicit content featuring minors in sexually explicit scenarios.

Both child exploitation and child pornography are grave violations of ethical and legal norms, warranting stringent legal measures to safeguard the well-being of minors. The distinction between these terms highlights the harm inflicted upon young individuals and underscores the need for protective measures and proactive intervention to ensure their safety and security.

Penalties for Violations

In Louisiana, the punishments for sexual exploitation violations are harsh, reflecting the nature of the acts. Those convicted of prostitution, human trafficking, or child exploitation may face significant penalties, incarceration, and registration as sex offenders.

Convictions for child pornography violations typically result in lengthy jail and considerable penalties. If a person is found guilty of possessing, making, or spreading child pornographic photographs, it will be necessary to register as a sex offender. These duties extend long after the individual’s release from prison, significantly impacting their life for many years after they complete their sentence. Here are the penalties and violations for child pornography in Louisiana:

1. Intentional Possession of Child Pornography:

  • Fine: Not more than $50,000
  • Imprisonment: Not less than five years and not more than 20 years, without benefit of parole, probation, or suspension of sentence

2. Subsequent Conviction for Intentional Possession:

  • Fine: Not more than $75,000
  • Imprisonment: Not less than ten years and not more than 40 years, without benefit of parole, probation, or suspension of sentence 

3. Distribution or Possession with Intent to Distribute:

  • Fine: Not more than $50,000
  • Imprisonment: Not less than five years and not more than 20 years, without benefit of parole, probation, or suspension of sentence

4. Subsequent Conviction for Distribution or Possession with Intent:

  • Fine: Not more than $75,000
  • Imprisonment: Not less than ten years and not more than 40 years, without benefit of parole, probation, or suspension of sentence

5. Consent by Parent, Legal Guardian, or Custodian:

  1. Fine: Not more than $50,000
  2. Imprisonment: Not less than five years and not more than 20 years, without benefit of probation, parole, or suspension of sentence.     

6. Engaging in Promotion, Advertisement, or Production:

  • Fine: Not more than $50,000
  • Imprisonment: Not less than ten years and not more than 20 years, without benefit of probation, parole, or suspension of sentence

7. Subsequent Conviction for Promotion, Advertisement, or Production:

  • Fine: Not more than $75,000
  • Imprisonment: Not less than 20 years and not more than 40 years, without benefit of parole, probation, or suspension of sentence

8. Offense Committed with Victim Under 13 years (Intentional Possession):

  • Imprisonment: Not less than half the most extended term nor more than twice the longest term provided for first convictions, without benefit of parole, probation, or suspension of sentence

9. Offense Committed with Victim Under 13 years (Distribution or Possession with Intent):

  • Imprisonment: Not less than 25 years nor more than 99 years, with at least 25 years served without benefit of parole, probation, or suspension of sentence
Child Pornography Defense Attorney Baton Rouge, LA

Child Pornography Legal Measures and Initiatives

Various collaborative activities strengthen Louisiana’s legal system targeted at combating child pornography.

Collaborative Task Forces and Agencies: In a coordinated effort, state and federal agencies pool resources to form task forces committed to combating child pornography. These task forces actively pursue offenders through coordinated investigations, ensuring thorough conviction.

Victim Empowerment: Louisiana takes a proactive approach to assisting victims of child pornography. This practice involves providing critical support services to people affected, such as counseling and legal aid. These extensive steps are intended to help survivors restore their lives.

Preventive and Instructional Initiatives: The state’s dedication to preventing child pornography is shown in public awareness campaigns and instructional programs. These efforts empower individuals to spot symptoms of child exploitation by increasing awareness and understanding, promoting an environment where reporting suspicious activity becomes a priority.

Louisiana displays a comprehensive approach to combating child pornography by combining these approaches. The state strives to reduce the prevalence of child pornography and establish a culture of safety and vigilance through proactive law enforcement partnerships, critical victim support, and the fostering of public attention.

Combating Child Pornography: Challenges and Prospects

Despite Louisiana’s admirable efforts to eradicate child pornography, substantial obstacles remain. These difficulties include the complications of coordinating multi-agency activities, effectively combating online exploitation, and providing comprehensive and long-term support to victims.

The trajectory of Louisiana’s approach to combating child pornography will most likely be marked by ongoing coordination among law enforcement agencies, support organizations, and legislative bodies. This comprehensive approach seeks to create an atmosphere in which child pornography is increasingly difficult to commit. Louisiana wants to address not only urgent problems but also to reduce the occurrence of these heinous crimes in the future by strengthening preventive measures, applying innovative technologies, and providing continuous help to survivors.

Frequently Asked Questions 

How Does Louisiana Deal With Child Pornography?

To combat child pornography, Louisiana takes a multifaceted approach. This approach includes joint efforts by state and federal agencies, specialized task forces investigating and apprehending offenders, and victim assistance programs. Furthermore, public awareness and educational programs are critical in identifying, reporting, and preventing child exploitation.

What Kind of Help is Available in Baton Rouge, Louisiana for Victims of Child Pornography?

Louisiana provides comprehensive assistance to victims of child pornography. This assistance includes access to professional counseling, legal support, and other critical resources that help survivors heal and rebuild their lives after such devastating events

How Can Individuals Help Prevent Child Pornography in Baton Rouge, Louisiana?

Individuals play an essential role in preventing child pornography. They help to create a vigilant atmosphere against child exploitation by engaging in public awareness initiatives, providing  information and educating the public regarding the indicators of exploitation, and swiftly reporting suspected activity to law enforcement. Awareness and active participation are critical in stopping this heinous behavior.

Trusted Criminal Defense Attorney Baton Rouge, LA

Child Pornography Defense Attorney Baton Rouge, LA

If you are being investigated, or have been accused, of engaging in child pornography or another sex crime in Baton Rouge, LA, it is urgent that you immediately seek the advice of a trusted criminal defense attorney in Baton Rouge, LA. You must avoid making any statements to law enforcement agents without legal assistance to protect your legal rights. It’s crucially important because, even seemingly unrelated information you provide, could be used against you.

While this may be your first interaction with the criminal justice system, the gravity of the situation demands that you take it seriously and proceed with the utmost caution. Your rights are paramount, and establishing a solid defense against the charges is possible. It would be best to work closely with your attorney in Baton Rouge, LA, to thoroughly investigate the full range of tactics and solutions available to resolve your situation efficiently and effectively.

David E. Stanley, APLC, is a seasoned attorney based in Baton Rouge, LA, with extensive knowledge and experience in defending child pornography allegations. His objective is to provide sound solutions that aid you in reclaiming command over your life. David E. Stanley’s reputation in Louisiana for providing unwavering legal advocacy and consistently yielding positive results in court speaks volumes. Contact him immediately to arrange a complimentary consultation, where your prostitution defense case can be openly discussed.

Need a Sexual Exploitation or Child Pornography Attorney
in Baton Rouge, LA?
Contact David E. Stanley, APLC, for an appointment
at 225-926-0200

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

Child Pornography Defense Attorney Baton Rouge LA

How Serious Are Child Pornography Charges in Louisiana?

Child Pornography Defense Attorney in Baton Rouge

It is illegal to possess, produce, or distribute child pornography in Louisiana. These acts constitute felony crimes punishable by imprisonment. You may also be required to register as a sex offender. The investigation and prosecution of individuals engaged in child pornography are pursued aggressively by federal and state prosecutors and law enforcement agencies. They cast a large net designed to identify and capture as many offenders as possible. Immediately contact a child pornography defense attorney if you are detained, arrested, or charged with child pornography in Baton Rouge, Louisiana.  

If you want to aggressively defend and protect your legal rights, you need the assistance of a child pornography defense lawyer with offices in  Baton Rouge.  David E. Stanley, APLC is a highly skilled trial lawyer with forty years of experience defending individuals accused of serious and complex felony crimes, including child pornography.  The law firm has years of experience handling all types of sex crimes and other felony criminal cases. David Stanley is committed to aggressively defending his clients and mounting a solid defense to child pornography charges and any other sex offenses. 

For a Consultation,
Call David E. Stanley, APLC, 

How Serious are Child Pornography Charges in Louisiana?

If convicted of child pornography in Louisiana, you may be subject to severe punishments. In Louisiana, it is a felony to possess, produce, create, distribute, or own any pornographic material that includes children. You could face imprisonment for five to forty years for this felony crime. If the offender is above 17 and the victim is under 13, the penalties increase dramatically.

Louisiana’s child pornography laws have been widened to include sexting as a felony in the age of cell phones, texting, and selfies. You need a skilled defense attorney if accused of possessing, producing, or distributing child pornography.

Child Pornography Defense Attorney in Baton Rouge LA

What are Louisiana’s Laws on Child Pornography?

Criminal sexual activities involving kids, including molestation and child pornography, have harsh consequences in Louisiana. Possession, distribution, or production of child pornography may result in a minimum of five years in prison. However, harsher sentences and other serious consequences are also possible. If the content were obtained or disseminated via mail or the internet, you could also be charged with federal child pornography. If found guilty, you will be compelled to register as a sex offender, as sex crimes involving minors are considered grave crimes by both the state government and the federal government.

Your future will suffer if you become a registered sex offender. It may make securing a place to live, obtaining a job, or both, extremely difficult. Additionally, it may hurt your relationships with family, friends, employers, and others. Because of this, if you are charged with child pornography in Louisiana, you are facing an incredibly challenging process and need the immediate help of an experienced child pornography defense lawyer.

What are Louisiana’s Laws on Sexting?

Selfies sent through text to another person may seem ordinary and innocent, but this is not the case if the photographs are of young children in their underwear. Because more kids are engaging in “sexting” or sending others explicit or nude photos, state lawmakers have been obliged to revisit and review existing child pornography legislation. Any adolescent who engages in indecent behavior through text messages in Louisiana is subject to criminal charges, even if it is done with another juvenile. Under the state’s sexting statute, it is illegal for teenagers under the age of 17 to intentionally and willfully use a computer, smartphone, or another communication tool to send each other explicit or offensive selfies.

 If you send an inappropriate selfie, have it in your possession, or share it with another person, you might face jail time, a fine of $100 to $250, and six months in jail for a subsequent violation. In addition, it is illegal for adults in Louisiana to send a picture or written message that is sexually explicit or vulgar to a child under 17.

If the victim is under 13, the offense of indecent behavior with juveniles carries a 25-year sentence instead of the maximum seven-year sentence. In addition, the Prosecutorial Remedies and Other Tools to Stop the Exploitation of Children Today (PROTECT) Act of 2003, which makes it unlawful to use a computer to send or receive photos of kids engaging in any sexually explicit behavior, makes sexting a felony as well.

Child Pornography Defense Attorney in Baton Rouge

Frequently Asked Questions 

How Does the Louisiana Law Define Possession of Child Pornography?

Child pornography is defined by Louisiana law, in part, as “literally any photograph, videotape, or other productions, whether electronic, of any sexual performance involving a child under the age of seventeen,” among other things.

Does Sexual Intent Matter?

A claim of pornography involving a minor is sufficient if even one obscene image is present. Although the district attorney and the legal system will take the content of the image or photograph into account, this kind of charge rarely results in leniency.

 How Do I Overcome the Legal Ramifications of this Charge?

Even though you are aware that having pornography featuring a minor in your possession has serious repercussions, the only approach to safeguard oneself is to be found not guilty. If accused, you should immediately schedule a consultation with a child pornography defense lawyer in his office to discreetly and confidentially discuss your situation in detail. 

Get the Quality Criminal Defense You Need in Louisiana

Child Pornography Defense Attorney in Baton Rouge LA

The consequences are harsh if you are found guilty of child pornography charges in Louisiana. For this reason, having a highly skilled and knowledgeable criminal defense attorney on your side is essential.

 David E. Stanley, APLC, is a child pornography defense attorney in Baton Rouge. He has forty years of experience with situations like yours and wants to help you get your life back on track. In Louisiana, David Stanley is well known for offering tenacious and effective legal representation with a proven track record  of success. Contact him immediately to schedule  an in office defense strategy session to discuss your child pornography case! Let him help you find a solution that will allow you to stop worrying and get your life back on track. Don’t wait call now for help.  

Call David E. Stanley, APLC, at 225-399-0709

David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200

How to Choose a Criminal Defense Attorney to Help You with Your Case

Criminal Defense Attorney Baton Rouge

It is to your advantage to seek knowledgeable legal assistance as soon as possible once you become aware that you are being investigated for, or have been accused of, a criminal offense. Even seemingly minor offenses can leave you with a criminal record that may haunt you for years, decades, or even a lifetime. Not all attorneys are equal, especially when it comes to criminal defense. Having a trustworthy criminal defense lawyer on your side can make a big difference in how your case turns out.  You need the aid of a skilled criminal defense lawyer who will keep you informed concerning the details of the case against you, fiercely protect your rights, and assist you in getting the best outcome for your case. Criminal Defense Attorney Baton Rouge

 

David E. Stanley, APLC, is a trusted and highly skilled criminal defense attorney in Baton Rouge, Louisiana. He can help you effectively and efficiently resolve your case because he has experience representing clients in serious and complex felony criminal cases in courts throughout Louisiana. Schedule an appointment with Mr. Stanley today!

How to Choose a Criminal Defense Attorney to Help You with Your Case

Here are some ideas to help you choose the best criminal defense attorney for your case.

Ask for Referrals

One way to get referrals is to ask those you know, such as friends, family, and coworkers. Ask a lawyer you know who practices in a different area of the law if they can recommend a trustworthy, experienced and knowledgeable criminal defense attorney.  Once you have identified one or more attorneys, visit their website and check their client reviews.  Check the lawyer’s peer review rating from other lawyers on peer rating services such as Martindale-Hubbel and Avvo. 

Criminal Defense Attorney Baton Rouge LA

Experience with the Charges You are Facing

If you’ve been accused of second degree murder or first degree rape, hiring a criminal defense attorney who focuses on DWI or DUI, or handling divorce cases, might not be advisable. Criminal law is a complex area of the law that is constantly changing.  It is important to work with a lawyer who focuses on criminal law and has experience handling serious felony cases. Also, some lawyers may focus their practice on specific times of crime such as violent crimes, drug crimes, sex crimes, or white-collar crimes.

Once you complete your research,  contact the lawyer to schedule an appointment to discuss your case.  Be on time and prepared for the meeting.  Be completely honest with your attorney and do not withhold or conceal information from the attorney.  Ask questions about the most important parts of your case that you are most concerned or worried about.  You are looking for a lawyer that is professional, communicates well, answers your questions clearly, and that you feel comfortable working with on your case.  

Consider a Local Criminal Defense Attorney

A local criminal defense attorney may be more familiar with the local customs and practices in the courtroom where your case will be heard. They understand what the local courts and prosecutors tend to do, how they do it, and what they like and do not like. They will be able to use this knowledge to your advantage in preparing your defense. Local attorneys may be able to use their contacts to their advantage as they work on your case.

Criminal Defense Attorney Baton Rouge

Courtroom Confidence

You want to be sure that your attorney has confidence in the courtroom if your case proceeds to trial. Along with asking about courtroom experience, you can get a sense of the lawyer’s demeanor and performance by observing how they present themselves. They will fare better in a courtroom situation if they are well-groomed, articulate, and confident. On the other hand, a judge or jury may not be as convinced by an attorney’s arguments if they lack confidence, are disorganized or act unprofessionally. 

Finally, make sure to clearly inform the lawyer of your goals and objectives for the resolution of your case. While your lawyer will advise you and make recommendations to you, it is ultimately up to you to make important case decisions such as whether to plead guilty, or go to trial, and whether you will testify or not testify at your trial.  Therefore, choose a criminal defense lawyer who actively incorporates your input into the legal plan and takes the time to get to know you and your goals.

Frequently Asked Questions 

 When Should One Contact a Criminal Defense Attorney?

You should contact a criminal defense attorney as soon as you suspect that you might be accused of committing a crime.  If you have been contacted by law enforcement agents and asked to give a statement  in connection with a criminal investigation, or you have received a letter notifying you that you are the target or subject of a grand jury investigation, or you are arrested, or you are indicted or formally charged with a crime, or you receive a grand jury subpoena for your testimony or demanding that you produce any documents, then you have an urgent need to hire a criminal defense attorney and should contact one immediately.  Most importantly, you should contact a criminal defense attorney before you make any statements to law enforcement agents, or voluntarily consent to allow them to search your person or property without a warrant, or produce any documents, accounting or bank records, or any other material in response to a subpoena for your records.  Do not speak to law enforcement officers without your lawyer present in the room with you.  Politely, but firmly, state that you will only answer questions if your lawyer is present with you and then remain silent until your lawyer arrives to speak with you.

 

 Why Would I Need a Lawyer if I Were Innocent?

Unfortunately, sometimes innocent people are charged with crimes. Also, people who may have committed one crime frequently face false accusations of committing more serious crimes.  As the person accused of committing a crime, you have a constitutional right to legal representation. Therefore, it is safer and better for you to have the benefit of a lawyer’s advice before you make any statements or take any actions that waive your rights, permits a search of your property without a search warrant,  or otherwise damages your case beyond repair. 

 

 How Long Does a Criminal Defense Case Last?

How long your criminal case will last depends on a variety of things. The complexity of the case, your criminal history, the number of co-defendants or co-conspirators charged along with you in the case, the parish where the crime occurred, and whether the charge is a felony or a misdemeanor are just a few factors considered when estimating the length of your criminal case. The length of time depends on how complicated the case is. Simple misdemeanor cases may be finished in a couple of months or less. However, felony cases may go on for a year or even longer. Sometimes, pretrial motions to suppress evidence, or quash the charges, may cause the case to last longer.  On the other hand, if the prosecution offers a fair plea deal early on the case may resolve more quickly.

Professional Criminal Defense Attorney in Baton Rouge LA

Criminal Defense Attorney Baton Rouge LA

If you, or a loved one, have been accused of committing a crime in Baton Rouge, you need an experienced and local criminal defense attorney.

David E. Stanley, APLC, is a trustworthy and well respected criminal defense attorney in Baton Rouge . He has defended people accused of crimes in Baton Rouge and throughout Louisiana for many years. If you need the assistance of an experienced and qualified criminal trial attorney, contact Mr. Stanley today and let him help you with your case.

 

murder attorney Baton Rouge LA

Attorneys Defending Manslaughter in Baton Rouge LA

Manslaughter is frequently confused with homicide or murder, but the charges for these crimes are comprised of very different elements. A person accused of manslaughter in the first degree is charged with a Class B felony. Manslaughter in the second degree is charged as a felony of the third degree.

If manslaughter is charged as an aggravated offense, the first and second degree felony classes remain unchanged. A person convicted of manslaughter may receive between one and three years in prison, in addition to fines.

Depending on the circumstances and the type of felony, the sentence may reach a maximum of 25 years.

There are mandatory minimums for the length of incarceration for manslaughter. To reduce the severity of potential sentences, it is essential to retain competent and experienced criminal defense attorneys. The skilled attorneys at David E. Stanley have years of experience as defense attorneys, but they also rely on the knowledge of the firm’s founding members, who began their careers as prosecutors.

Under Louisiana law, the classification of manslaughter or criminally negligent homicide encompasses eight distinct offenses, including:

Aggravated manslaughter in the first degree; Aggravated manslaughter in the second degree; Manslaughter in the first degree; Manslaughter in the second degree;

Criminally negligent homicide; Aggravated criminally negligent homicide; First-degree vehicular manslaughter; and second-degree vehicular manslaughter.

Any crime involving the death of a person necessitates a thorough investigation of the facts to determine what, if any, charges are necessary. The unique circumstances surrounding a fatality determine the gravity of the crime. However, even if an individual is charged with manslaughter instead of murder, the penalties are severe.

One of the most common manslaughter charges is manslaughter in the second degree, which is applicable when a person causes the death of another while acting with reckless disregard for the risk of causing harm to others.

A person may be charged with manslaughter in the second degree if he knowingly acts with reckless disregard for the potential for serious harm to others posed by his actions.

For this element to be met, the defendant must have acted differently than a reasonable person would have in the same or similar circumstances.

This offense does not, however, require a specific intent to cause harm.

The distinction is somewhat hazy, but essentially, the crime hinges on allegations that the defendant did not intend to cause harm, but did not care enough about the risk of serious bodily injury or death to others to act differently. This is a felony charge that carries a maximum sentence of 15 years in prison.

In manslaughter cases, there are effective defenses available to counter the prosecutor’s allegations.

The action that led to the manslaughter charge may have been involuntary, may not have involved reckless disregard, may have been performed in self-defense, or may not have been performed at all due to mistaken identity. In addition, experienced defense attorneys may be able to contest the admissibility of evidence obtained illegally or in violation of the defendant’s constitutional rights. While the types of defenses may vary, the necessity of finding the right attorneys does not.

Manslaughter Defense Lawyer

When a crime involves the death of another person, the charges must be taken very seriously.

The seasoned Baton Rouge, LA Criminal Defense Lawyers at David E. Stanley are prepared to begin working on your behalf as soon as you arrive to discuss your case.

In addition, we have no qualms about proceeding to trial and will not recommend an unfair plea bargain just to close the case. Our duty is to ensure that your best interests are protected and that these fees do not ruin you. Have you been accused of murder or manslaughter? If so, you need an experienced criminal defense attorney who will fight for your freedom. David E. Stanley is a criminal justice attorney in Baton Rouge, Louisiana who has experience handling these types of cases. He will thoroughly investigate the charges against you and build a strong defense. Contact him today for a free consultation.

 
Violent Crime Attorney Baton Rouge LA

Domestic Violence Attorney Baton Rouge LA

Domestic violence is defined by Louisiana law as a series of coercive and abusive tactics intended to intimidate and control a family member or adult intimate partner of the perpetrator.  The scope and effects of these actions may be physical, psychological, emotional, sexual, or economic.

In general, the victim is:

A person related to the perpetrator by affinity or consanguinity, a current or former spouse living in an unmarried relationship with the perpetrator, or a person who shares a child with the perpetrator in a “intimate” relationship.

Under Louisiana law, domestic violence offenses are punishable by a wide range of sanctions.

For instance, someone charged with first-degree assault, a violent felony, could be sentenced to five to twenty-five years in prison and/or a fine of up to $5,000.When a person threatens another with a firearm or other deadly weapon, they are guilty of second-degree menacing, which is a Class A misdemeanor punishable by up to a year in jail and/or a $1,000 fine.

Additional crimes associated with domestic violence include:

  • Aggravated harassment
  • Aggravated criminal contempt
  • Stalking Menacing
  • Strangulation and similar crimes
  • Endangering a child’s welfare is a crime.

When confronted with evidence of domestic violence, law enforcement personnel, such as LA police officers, must make mandatory arrests. Consequently, innocent individuals may be charged based on a false accusation or evidence attributable to other causes.

False allegations of domestic assault

If you are involved in a contentious divorce, child custody dispute, or even a bitter breakup with a jealous and vindictive partner, he or she may accuse you of domestic violence in order to “get even.” The mere accusation can stigmatize you because the police are required to arrest you and the accusation is extremely incendiary.

An allegation of domestic violence not only threatens you with jail time and a criminal record, but you will also be forced to leave your home and children behind if an Order of Protection is issued. Other collateral consequences of a conviction include the loss of professional licenses and certifications.

This makes an accusation of domestic violence particularly devastating for:

  • Educators, such as teachers and university professors, are essential to society.
  • Attorneys
  • Physicians and nurses
  • Police personnel
  • Members of the armed forces

If you have been accused of domestic violence for these reasons, you should hire an experienced Baton Rouge criminal defense attorney to aggressively defend your rights and freedom. They will present your side of the alleged events and defend your legal rights in court so that you receive the highest level of possible legal support. A domestic violence charge can devastate an individual’s personal and professional life, but the right attorney will put their extensive training and experience to work for you.

As a criminal justice attorney in Baton Rouge, Louisiana, David E. Stanley is dedicated to protecting the rights of his clients. He has experience handling a variety of cases, including domestic violence. Domestic violence is a serious issue that can have lasting effects on its victims. Attorney Stanley is committed to helping his clients get the legal protection they need to stay safe and heal from the trauma of abuse. He works tirelessly to ensure that his clients receive the best possible outcome in their case. If you or someone you know is a victim of domestic violence, please contact Attorney Stanley for a free consultation. Domestic violence Attorney Baton Rouge LA.


What our customers say
 
Rating
4.9
 
 
 
 
 
 
 
 
 
 
7
reviews
Where do you want to leave a review?

assault attorney baton rouge la

Assault Attorneys Baton Rouge LA

Being attacked is a terrifying experience. As a victim, you may sustain injuries requiring medical care. Long after the incident, you may no longer be able to function normally even if you were not seriously injured.

After an attack, for instance, many victims experience PTSD symptoms, panic attacks, and a fear of leaving the house.

In Louisiana, assault is a serious offense punishable by a maximum of 25 years in prison. In addition, victims can pursue legal action to recover damages caused by an attack.

David E. Stanley can assist you if you have been the victim of a physical assault in Baton Rouge, Louisiana.

Although the cost of suffering is incalculable, compensation can provide a sense of justice and alleviate financial burdens. We have fought for the rights of victims for over three decades and are prepared to stand by your side during these difficult times.

The Definition of Assault

Assault occurs when one person causes physical harm to another. The classification of an assault is influenced by the severity of the injury and the defendant’s intent to cause harm.

• Assault in the third degree, or simple assault, occurs when the attacker intentionally causes harm, such as when someone punches another person during a fight.

• Assault of the second degree occurs when the aggressor either intends to cause serious harm or actually does so.

The only requirement for assault in the second degree is the intent to commit the crime.

While third-degree assault is a misdemeanor, second-degree assault is a mandatory-sentence Class D felony.

• A first-degree assault is committed with a deadly weapon or with the intent to disfigure or amputate.

This felony charge carries a mandatory minimum of five years in state prison.

Assault Claims in Court

In spite of a criminal conviction, victims may sue their attackers in civil court for damages. In fact, the burden of proof in civil court is lower, making it easier to receive justice after an assault.

Assault and battery lawsuits are torts in which the plaintiff has the burden of proof to establish intent. Additionally, you must demonstrate that the defendant made physical contact with you. A competent attorney will collect evidence proving both intent and physical contact. This consists of police reports, eyewitness accounts, and surveillance footage. In addition, attorneys may use expert witnesses to establish the lasting trauma that victims of physical assaults may experience.

Assault is a serious crime in Louisiana, and the penalties for conviction can be very severe. If you are facing assault charges, it is important to have an experienced criminal defense attorney on your side. Baton Rouge lawyer David E. Stanley has experience handling criminal cases, and he has a proven track record of success. Attorney Stanley will thoroughly investigate the allegations against you and work tirelessly to build a strong defense. He will also make sure that you understand all of your legal options and help you make the best decision for your future. If you are facing assault charges, contact David E. Stanley today for a free consultation.


What our customers say
 
Rating
4.9
 
 
 
 
 
 
 
 
 
 
7
reviews
Where do you want to leave a review?

armed robbery attorney baton rouge la

Armed Robbery Attorney Baton Rouge LA

In Louisiana, a person is guilty of armed robbery if they possess or use a deadly weapon while forcibly stealing property or immediately fleeing the scene of the theft. Armed robbery falls under the broader category of first-degree robbery, which is a class B felony and carries a maximum 25-year prison sentence. While these charges are severe, our experienced Baton Rouge criminal defense attorneys are prepared to help you understand and defend against them.

These are examples of “deadly weapons:”

Switchblades, daggers, blackjacks, plastic or metal knuckles, any type of gravity, pilum ballistic, metal knuckle knife; loaded weapons from which a shot can cause serious injury or death.

The use of a deadly weapon during a robbery imposes a mandatory minimum of five years in state prison upon conviction. Because the charges and potential sentence upon conviction are severe, contact our experienced Baton Rouge criminal defense attorneys immediately for assistance in obtaining the best possible outcome for your case.

Keep in mind that no actual injury must occur during the robbery for these charges to be brought; it is sufficient that the robber possesses one of the above-mentioned weapons. Even if the weapon was never used, for example, if the robber held an unsheathed switchblade but never used it for anything, not even to threaten anyone, they could still be charged with armed robbery. Note that even if no weapon was used during the robbery itself, a person can still be charged with armed robbery if they are armed or become armed as they leave the area where the robbery took place.

However, you still have options if you have been charged with attempted robbery. Our team of experienced criminal defense attorneys may be able to apply certain defenses to these charges, such as filing a motion to dismiss the charges or having the evidence suppressed, despite the gravity of the allegations. Additionally, the evidence must demonstrate that the weapon was present during or during the process of fleeing the crime scene.

Previous cases have demonstrated that the presence of a note suggesting or stating that the robber is armed is insufficient evidence to convict a person of armed robbery. In this argument, it is asserted that more extensive evidence of the existence of a weapon is required, such as a witness having seen the weapon or video or photographic evidence of the weapon’s existence during or after the robbery.

If you have been charged with armed robbery, contact our team of seasoned Baton Rouge criminal defense attorneys immediately to discuss possible defense strategies. Our team is prepared to collaborate with you to determine the optimal course of action for achieving the best possible outcome in your case.

Armed robbery is a serious offense that can result in significant prison time if convicted. If you have been charged with armed robbery, it is essential to hire an experienced criminal defense attorney who can protect your rights and fight for the best possible outcome in your case. David E. Stanley is a criminal justice attorney in Baton Rouge, Louisiana, who has extensive experience handling armed robbery cases. He will thoroughly investigate the facts of your case and work tirelessly to develop a strong defense strategy. Additionally, he will make sure that you understand all of your legal options so that you can make informed decisions about your case. Contact David E. Stanley today to schedule a consultation to discuss your case.


What our customers say
 
Rating
4.9
 
 
 
 
 
 
 
 
 
 
7
reviews
Where do you want to leave a review?

b7-1

Criminal Defense: What Constitutes As Felony Theft In Louisiana

What Constitutes As Felony Theft In Louisiana

Each state has its own set of regulations and sanctions. Louisiana’s punishments are usually harsh, and they become even worse based on the value of the allegedly stolen things. Theft is defined in New York and other states as an effort to take and hold or sell another person’s property without their agreement.

When the stolen property reaches a value of more than $1,000, theft is charged as a felony. Theft is now a felony. If someone steals $1,000 or more, or if you steal $1,000 worth of property or commodities. A felony offense carries profound implications that can affect the offender’s entire life. If charged with felony theft, you should immediately contact a criminal defense attorney. You are entitled to a defense, so contact David E. Stanley, APLC, as soon as possible.

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

What Constitutes As Felony Theft In Louisiana?

1. Additional Elements Often Matter

The circumstances surrounding the alleged crime might significantly impact the accusations. For example, the threat of violence and the individual’s criminal past — a repeat offender faces more serious charges than a first-time offender – are relevant considerations.

2. Legal Advice Is Critical

Because the possible penalties for a felony are so severe, it’s critical to speak with a knowledgeable criminal law attorney. These legal specialists can assist in defense of the accused’s rights. They can also ensure that you did not neglect essential elements of the case and that the charges were appropriate for the accused’s actions.

3. The Types Of Felony Theft

A felony theft charge is against you for a variety of reasons. The many categories are according to the circumstances of the crime. The following are examples of felony theft crimes:

● Theft

Grand theft is the illegal stealing of $1,000 or more in cash or property. It is distinct from ordinary theft in that it entails depriving another person of a substantial sum of money or goods worth more than the felony theft threshold ($1,000). However, grand theft has the same consequences as felony theft.

● Theft Auto

It entails stealing another person’s vehicle to deprive them of it permanently. Because an automobile is such a valuable possession, auto theft is grand theft. Therefore, a felony theft charge imposes on anyone accused of grand auto theft.

● Theft

It is the thievery of another’s personal belongings. You will be prosecuted with felony theft if you attempt to remove another person’s private property worth $1,000 or more. Tangible physical property, crops, fixtures tied to the land, documents bearing legal claims, merchandise, and other items are all exposed to theft. In addition, if a servant takes possession of his master’s property or possessions, it is a sort of robbery that results in a felony theft accusation.

● Receiving Property That Is Stolen

You don’t have to steal directly or have the intent to steal to commit this form of theft. However, accepting or receiving stolen property that you know of, whether for use or sale, can result in felony theft charges. Receiving goods or items you know must have been stolen is enough to constitute you a felony thief. To be safe, you might want to double-check whenever you accept property from someone to ensure you aren’t getting anything stolen.

● Embezzlement

It is a heinous act of stealing funds entrusted to you. There must have been a fiduciary connection in which the criminal was charged with access to funds before felony theft could be embezzlement. The defendants, in this case, utilize the cash entrusted to them for personal benefit and use—embezzled funds diverted from the workplace for personal gain. If the amount stolen is $1,000 or more, it is considered criminal theft.

● Robbery

It entails using force, threat, or firearms to take another person’s property. Robbery is a crime that combines violence and stealing, and it has devastating repercussions.

4. Penalties For Felony Theft

Because the felony stolen amount is $1,000 or more, the perpetrator is subjected to harsh penalties. For example, suppose the quantity of money or value of the goods stolen is less than $5,000, and the criminal faces up to five years in prison. On the other hand, if the theft is worth more than $5,000 but less than $25,000, the perpetrator faces up to ten years in prison.

5. What To Do When Arrested For Felony Theft

Felony theft accusations are a severe matter that necessitates the assistance of an experienced, comprehensive, and rigorous criminal defense attorney. Therefore, if you have been charged with felony theft, you should immediately contact a criminal defense attorney to represent you in court. A qualified and experienced attorney, such as David E.Stanley, APLC, can make a big difference in the outcome of your case. Therefore, when you are charged with felony theft, you should first engage a qualified and experienced criminal defense attorney.

Frequently Asked Questions

When Does Theft Become a Felony?

Depriving another person permanently of his property is called theft. You are committing theft when you take another person’s valued property (money or an object) without their permission or through deception. Theft is any activity that deprives another individual of their property or money. Burglary, embezzlement, shoplifting, theft, robbery, or looting are all used to describe theft. Theft is either a felony or a misdemeanor. A felony offense is just a crime that is more serious and serious than a misdemeanor. A felony crime is more severe than a misdemeanor, which carries more significant penalties, such as the death penalty or incarceration.

What Level of Theft Constitutes a Felony?

The size of the theft is determined by the jurisdiction in which the offense is committed. Another consideration is the severity of the robbery. When a property theft occurs, the value of the stolen property determines whether the crime is a felony or a misdemeanor. For example, when a heist is between $500 and $1,000, it is a felony.

Are There Any Felony Theft Defenses?

Theft charges have several defenses accessible, just like any other offense. The reason will typically rely on the offense’s specific mitigating circumstances. However, the following are some of the possible theft defenses:
1. Mistake of fact
2. Mistake of law
3. Mistaken identity
4. Consent or authority to possess the item
5. Lack of intent
6. Lack of knowledge.
As previously said, you should verify your state’s laws about the crime you’ve been charged with to see if any of these defenses are available. But, again, a criminal defense attorney like David E. Stanley, APLC, can assist you in determining this and putting together a strong defense.

A Trusted Criminal Defense Attorney

David E. Stanley, APLC, is a criminal defense lawyer who has handled numerous felony theft cases. You should contact the best theft defense attorney if you have such a case as soon as possible. David E. Stanley, APLC, aggressively defends his clients in court and makes every attempt to make a difference in each criminal case he handles. Speaking with him right now could make a significant impact on your situation. If charged with a misdemeanor or felony theft, contact David E. Stanley, APLC.

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b8-1

Top Five Ways Someone Can Commit Tax Fraud Without Meaning To

Filing your income taxes is a difficult task. You may make a mistake that benefits you without realizing it. Unfortunately for the IRS, these errors may appear to be tax fraud, a serious crime. Nobody wants to face felony charges and have to defend themselves in court due to a mistake.

The Internal Revenue Service takes filing a fraudulent tax return or another document seriously. Civil cases can be forwarded to criminal tax investigations if relevant material is discovered in the inquiry. Arrests and criminal prosecutions relating to taxes are possible outcomes. Criminal defense attorney David Stanley represents those accused of tax fraud who face life-altering criminal accusations. He is an experienced tax attorney with expertise in IRS investigations and tax law cases involving fraud allegations.

For Immediate Representation
Contact David E Stanley APLC
At 225-926-0200 Now!

Ways Someone Can Commit Tax Fraud Without Meaning To

Below are ways you could unintentionally trigger an IRS investigation into your taxes.

1. Forgetting To Report A Portion Of Your Earnings

On the W-2 form they obtained from their employer, many people report the amount of income they made. On the other hand, others have a diverse collection of income streams. When the time comes to file taxes, it’s easy to forget about cash income, such as tips, if it’s one of the sources of income you receive.

2. Inaccurate Non-cash Donation Appraisals

It is not difficult to keep track of monetary donations made to charitable organizations. However, donations of things other than money, such as clothes or a used car, are also eligible for tax breaks. The problem arises when you are unsure of the value of the contributions that have been made. If you claim a deduction for an amount that is significantly higher than what the item is worth, you may be committing tax fraud.

3. Deduction Errors

Several deductions are available under Louisiana and federal tax law, including those for education and medical expenses. Therefore, an incorrect number might land you in legal trouble, even if it was an honest error.

4. Mixing Business And Personal Expenses

The distinction between company and personal spending is not always evident when you own a business. Deducting the incorrect amount on your taxes can lead to significant issues later.

5. Failure To File Tax Return

It is a criminal to purposefully fail to file an income tax return by the deadline (or to file for an extension). You may have missed the deadline by accident, but the IRS may still pursue you.

Frequently Asked Questions

What Are The Signs That Fraud Has Occurred?

The IRS has a track record of falsely accusing innocent taxpayers of tax fraud. In some cases, the IRS will open an inquiry because of seemingly innocuous circumstances, leading them to believe that criminal tax fraud has occurred. The IRS considers the following factors to be red flags for possible tax fraud:

1. Increases in net worth that aren’t explained
2. Personal spending that exceeds a taxpayer’s available resources
3. Unaccounted-for deposits into a bank account that significantly exceed the taxpayer’s stated income
4. Documents that appear to be forged, misrepresented, or tampered with

What Are The Consequences Of Tax Fraud?

Criminal tax fraud convictions carry severe penalties, including prison time and hefty fines. In addition, the prosecution can impose criminal penalties to punish the taxpayer and deter other taxpayers from committing fraud.

Why Is It Important To Hire A Tax Fraud Defense Lawyer?

Our tax fraud defense lawyer at David E Stanley APLC gives the guidance that our clients require. We recommend contacting our law office as soon as you are served with a Federal Grand Jury summons, an IRS summons for papers, or a visit from a special IRS agent. It would help if you waited to speak with a professional attorney before voluntarily submitting the IRS a statement. The IRS can and will use your information against you if your case goes to trial. For our clients, we develop a complete criminal defense strategy. Working with forensic accountants, other industry specialists, and professionals is a standard part of our strategy.

A Trusted Tax Fraud Defense Lawyer

A tax fraud conviction can result in a prison sentence and significant financial fines. However, a tax defense attorney can represent you and possibly negotiate a settlement that allows you to avoid prison and have the charges dismissed.

Are you facing fraud charges? David E Stanley APLC can help. He is a renowned trial lawyer who devotes his practice to defending persons and businesses accused of significant or complex felony crimes and those seeking to overturn an unjust criminal conviction or disproportionate punishment. He is exceptionally dedicated and skilled in the area of federal criminal defense.

To Schedule An Appointment,
Contact David E Stanley APLC At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

b6-1

What You Need To Know About White-Collar Crime

The majority of white-collar crimes are non-violent and financial. Individuals in positions of trust in business, government, or other institutions perpetuate them. Bribery, insider trading, tax evasion, and fraud are white-collar crimes. White-collar crimes, albeit less common than violent crimes, can tremendously impact victims, businesses, and the economy. Investigators and prosecutors work tirelessly to investigate and punish these types of crimes. If accused of committing a white-collar crime, you should get legal counsel as soon as possible.

David E. Stanley, APLC is the leading law firm in litigation and criminal proceedings, with over a decade of experience consulting and preserving the rights and interests of clients involved in white-collar crimes. He provides advice, solutions, and preventive measures for businesses to avoid risks associated with white-collar crime and protect clients against unjust criminal allegations filed by competent authorities, using our knowledge, inventiveness, and thoroughness.

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

What You Need To Know About White-Collar Crime

What Is A White-Collar Crime?

White-collar crime is a type of non-violent crime in which the primary motivation is usually financial. White-collar criminals typically hold a professional position of authority and prestige, as well as a job that pays substantially above average.

What Are The Types Of White-Collar Crime

White-collar crime comes in a variety of offenses, including the following:

1. Fraud

Fraud is a broad phrase that refers to various tactics to cheat people of their money. One of the most common and straightforward is the offer to send someone a large sum of money in exchange for a small sum. The fraudster may represent the smaller sum as a processing or finder’s fee. Naturally, the fraudster receives the funds supplied to him, but he never transfers the funds he promised to pay.

2. Insider Trading

Insider trading happens when a trader benefits from the material, non-public information that gives them a competitive advantage in the financial markets. An investment bank employee, for example, may be aware that Company A is planning to buy Company B. The employee can purchase stock in Company B with the idea that once the acquisition is made public, the stock would skyrocket in value.

3. Ponzi Scheme

A Ponzi scheme is known as a financial fraud that promises investors extraordinarily high profits. It pays such profits to the initial investors with newly deposited funds from new investors. However, the system collapses like a house of cards when the scammer can no longer acquire new clients to pay off the old ones, leaving many investors with significant losses.

4. Embezzlement

An embezzlement is a form of theft, sometimes known as larceny, that can range from a single employee taking a few dollars from a cash drawer to a complex operation involving millions of dollars transferred from a company to the embezzler’s accounts.

5. Counterfeiting

Because of the need to combat counterfeiting, our money has become increasingly colorful and detailed. The old currency was far too easy to copy with today’s computers and powerful laser printers. However, it’s debatable if the government’s efforts in this area have been successful.

6. Money Laundering

Money laundering is a service that criminals who deal with vast sums of money require. It entails moving the money through multiple accounts and eventually into legal firms, mixed up with the real business’s legitimate income and no longer traceable as having originated from a crime.

Frequently Asked Questions

Do I Need An Attorney If Charged With A White Collar Crime?

Yes. Law enforcement has been constructing a case against you for weeks, months, or even years. You must have the same tenacious legal counsel on your side. Even if you’re concerned that hiring a lawyer will make you appear guilty, a defense attorney can ensure you don’t do anything wrong to law authorities, the media, or a judge. Many believe that telling law enforcement about what transpired will improve their case. Unfortunately, you’re probably exacerbating the problem. Investigators would not bring you in for questioning unless they had a solid criminal case against you.

Is It True That All White-Collar Crimes Are Prosecuted In Federal Court?

No. Depending on the specific offense, the case may be prosecuted in state or federal court. You’ll need an attorney on your side who can handle even the most complicated trial cases.

What Penalties Might I Face?

White-collar crimes are often punished the same way as other crimes, with the possibility of lengthy jail sentences and hefty fines. In addition, those found guilty may be required to pay restitution and ultimately lose their professional license.

A Trusted Criminal Defense Attorney

White-collar crime is a serious issue that you should not take lightly. If accused of committing a white-collar crime, you must contact an experienced attorney immediately. David E. Stanley, APLC, has years of experience defending clients against all types of white-collar crimes and will work tirelessly to get the best possible outcome for your case. Contact us today to schedule a free consultation and find out how we can help you!

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200