A lawyer arraignment

What Qualities Make a Well-Experienced Defense Lawyer?

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.

Are You Looking for a Well-Experienced
Defense Lawyer in Baton Rouge, LA?
Contact David E Stanley, APLC,

CALL US: 225-926-0200

Qualities to Look For in a
Criminal Defense Attorney

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.

A Defense Lawyer

  • Qualified

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.

  • Experience

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.

  • Good Judgment and Ethics

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:

  • Verify whether any complaints have been made against them.
  • Have they received a lot of negative reviews?
  • Have they had any issues with the state bar where they currently practice or formerly practiced?
  • Have any complaints been made against them? To learn more about the attorney’s reputation, check out the website of the state bar association in which they practice.
  • Are they a member of the Better Business Bureau?
  • Additionally, you read internet reviews. Reviews are available for their Google My Business and Better Business Bureau listings. 

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 but Proactive

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. 

A Well-Experienced Defense Lawyer

  • Honest About Fees

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. 

A Well-Experienced Defense Lawyer

  • Strong Negotiating Skills

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.

  • Great Communication

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. 

Frequently Asked Questions 

When Should I Hire a Criminal Defense Attorney in Louisiana? 

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.

What Type of Cases Does David E. Stanley, APLC Handle in Louisiana?

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. 

Can a Criminal Defense Lawyer Get My Criminal Charges Dropped or Reduced?

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.

Can I Appeal a Conviction or Sentence in Louisiana?

Yes, you can appeal a conviction or sentence. Consult with an appellate attorney to explore the grounds and process for filing an appeal.

 

A Well-Experienced
Defense Lawyer in Louisiana

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. 

Call David E. Stanley, APLC, at (225) 926-0200 Today

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

 

Second Degree Murder | David E. Stanley, APLC - Criminal Defense Attorney, Baton Rouge

What You Need to Know About Second Degree Murder in Louisiana

Second Degree Murder

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.

Are you seeking a Second Degree Murder
Defense Attorney in Baton Rouge, LA?

Contact David E Stanley, APLC, at (225) 926-0200 Today

CALL US: 225-926-0200

What You Need to Know About
Second Degree Murder in Louisiana

What Are Some of the Second Degree Murder Scenarios in Louisiana?

second degree murder

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.

What Are the Possible Penalties for Second Degree Murder in Louisiana?

second degree murder

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. 

Frequently Asked Questions 

  • How Many Years Do You Get for Second Degree Murder in 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.

  • Can Minors Be Charged with Second Degree Murder in Louisiana? 

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. 

  • Can Someone Be Convicted of Second Degree Murder Even Without the Victim’s Body Being Located in Louisiana?

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.

  • Can a Second Degree Murder Conviction Be Appealed in Louisiana?

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. 

Experienced and Aggressive Second Degree Murder Defense Attorney in Baton Rouge, LA

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.

Call David E. Stanley, APLC Now at (225) 926-0200

 

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

well-experienced criminal law firm

How to Find a Highly Experienced and Knowledgeable Criminal Defense Law Firm?

Well-Experienced Criminal Law Firm

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.

well-experienced criminal law firm

Are You Looking for a Highly Experienced and
Knowledgeable Criminal Law Firm in Baton Rouge, LA?

Contact David E Stanley, APLC, at (225) 926-0200 Today

CALL US: 225-926-0200

Tips for Finding a Highly Experienced and Knowledgeable Criminal Defense Law Firm

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.  

1. Level of Experience with Similar Cases 

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.

well-experienced criminal law firm

2. Check for Referrals Past Clients and Endorsements From Other Lawyers

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. 

3. Schedule a Consultation

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.

4. Trust Your Gut

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.

well-experienced criminal law firm

Frequently Asked Questions 

  • What Should I Do if I am Charged with a Crime in Baton Rouge, LA?

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. 

  • Can a Criminal Defense Lawyer Get My Criminal Charges Dropped, Dismissed, or Reduced? 

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.

  • When Should I Hire a Criminal Defense Attorney in Louisiana? 

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. 

What Not to Do When Selecting a
Criminal Defense Lawyer

 

1. Wait Until The Day Before Your Court Date to Contact a Lawyer

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.

2. Do Not Come to Your Consultation Unprepared.

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. 

3. Do Not Be Untruthful or Withhold Information From Your Attorney.

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. 

4. Do Not Make a Decision Based Solely On The Lowest Price.

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.

Highly Experienced and Knowledgeable Lawyer
in Baton Rouge, Louisiana.

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!!

Call David E. Stanley, APLC Now at (225) 926-0200

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

 

judge's gavel

What to Expect When Facing Felony Assault Charges in 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. 

To Schedule An Appointment,
Contact David E. Stanley, APLC at (225) 926-0200 Today

CALL US: 225-926-0200

What to Expect When Facing
Assault Charges in Louisiana

Here is what you can expect to take place if assault charges are filed against you.

man in handcuffs

  • The Arrest

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.

  • Probable Cause Determination

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.

  • First Appearance: Bond Hearing

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.

  • District Attorney Reviews Case

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.

Lawyer arraignment

  • Arraignment

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.” 

  • Plea Bargain

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.

  • 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.

  • Sentencing

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. 

Frequently Asked Questions 

How Can Legal Representation Help in Felony Assault Cases?

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.

Hire David E. Stanley, APLC, if You Are
Facing Felony Assault Charges in Louisiana

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.. 

Call David E. Stanley, APLC, at (225) 926-0200 Today

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

 

Gavel, Handcuff, and a law book

Navigating the Storm: Your Guide to Preparing for Criminal Charges

Navigating the Storm: Your Guide to Preparing for Criminal Charges

By David E. Stanley, APLC

Facing criminal charges can be one of the most daunting experiences a person can endure. However, with the right guidance and preparation, it’s possible to navigate through this challenging time and emerge with the best possible outcome.

In this blog post, I will outline the essential steps to take when criminal charges have been filed against you, ensuring you’re equipped to face the legal storm ahead with confidence and resilience.

Secure Yourself: Find the Right Defense Attorney

  • Understand the importance of hiring a skilled and experienced criminal defense attorney.  Not all lawyers focus their practice on defending people charged with serious felony crimes. They also do not have the same level of knowledge, expertise, and trial experience.  While everyone has a budget, hiring the lawyer who charges the least is not the best strategy, especially if you are charged with a serious felony charge that carries substantial or mandatory terms of imprisonment, substantial fines, registration as a sex offender, or other life changing consequences.  
  • To find the best attorney for your case, find out if they focus their practice on felony criminal defense, research their background, and check their experience and track record.

Decipher the Allegations: Understand Your Charges

  • Have your lawyer break down the charges filed against you, and clearly explain the defenses available, all of the legal implications, and the potential consequences.
  • Have your lawyer clearly explain how the criminal justice system works and what to expect during court proceedings.

Gather Your Arsenal: Collect Evidence and Information

  • Make sure that you understand the importance of gathering all relevant documents, evidence, and information related to your case.
  • Discuss with your attorney what evidence may benefit your defense, such as witness statements, alibis, and corroborating documents.

Silence Is Golden: Exercise Your Right to Remain Silent

  • Know your constitutional right to remain silent and the importance of not speaking to law enforcement without your attorney present.
  • Understand strategies for protecting your rights and avoiding self-incrimination during police questioning.

Craft Your Strategy: Develop a Defense Plan

  • Work with your attorney to develop a customized defense strategy tailored to the specifics of your case.
  • Discuss potential defense tactics, such as pretrial motions to quash your charges, or suppress evidence, negotiating plea deals, or preparing for trial.
A Lawyer Court

Navigate the Legal Waters: Understand Court Proceedings

  • Gain an understanding of the various stages of the legal process, from arraignment to trial.
  • Understand the roles of key players in the criminal justice system, including judges, prosecutors, and defense attorneys.

Stay Informed and Empowered: Keep Up with Your Case

  • Stay informed about developments in your case and maintain open communication with your attorney.
  • Stay organized and proactive throughout the legal proceedings.

Count the Costs: Consider Potential Consequences

  • Discuss the potential consequences of different outcomes, including the impact on your personal and professional life.
  • Make informed decisions about how to proceed based on your circumstances and priorities.

Keep Your Secrets Safe: Understand Attorney-Client Privilege

  • Remember the importance of maintaining confidentiality and not discussing your case with anyone other than your attorney.
  • Understand the concept of attorney-client privilege and how it protects your communication with your lawyer.

Weather the Storm: Stay Positive and Resilient

  • Stay positive during the ups and downs of the case. 
  • Obtain resources for managing stress and maintaining mental well-being throughout the legal process.

Facing criminal charges can be overwhelming, but with the right guidance and preparation, you can navigate this difficult time with confidence and resilience. By following the steps outlined and working closely with a qualified defense attorney, you can position yourself for the best possible outcome and emerge from the storm stronger than ever. Remember, you’re not alone – Experienced criminal attorneys are there to help you every step of the way. If you are charged with a serious felony charge such as murder, manslaughter, distribution of narcotics, sex crimes, home invasion, carjacking, or any felony crime, I will fight to achieve the best possible outcome for you. Contact me now to schedule a consultation and start getting your life back to normal.

Call David E. Stanley, APLC now at (225) 926-0200  

CALL US: 225-926-0200

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

 

judge's gavel

What Is Carnal Knowledge of a Juvenile in Louisiana?

Carnal knowledge of juveniles is a criminal offense in Louisiana that can be charged as either a felony or misdemeanor. Felony carnal knowledge of a juvenile is committed when (1) a  person 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than 17 years of age, when they are not married and when the difference between their ages is 4 years or greater; or (2) a person commits a second or subsequent offense of misdemeanor carnal knowledge of a juvenile, or when a person who has been convicted of a crime for which the offender is required to register as a sex offender and then commits a first offense of misdemeanor carnal knowledge of a juvenile.  For purposes of the crime of felony carnal knowledge of a juvenile, “sexual intercourse” means anal, oral, or vaginal sexual intercourse.  Lack of knowledge of the juvenile’s age is not be a defense. Emission is not necessary, and penetration, however slight, is sufficient to complete the crime.  

Whether or not the two were in a love relationship with plans to be married or go to high school together is irrelevant to the law. In Louisiana, the legal age of consent for sexual activity is 17, which means that anyone under that age cannot lawfully consent to sexual activity. It is the reason you should hire legal counsel and treat a charge of felony carnal knowledge of juveniles very seriously under Louisiana law.

David E. Stanley, APLC, can use his in-depth legal experience to create a customized defense for your case. He is aware of the seriousness of being charged with a sexual offense. David Stanley has represented individuals charged with serious sex crimes in Louisiana and has a proven record of successful outcomes for his clients. Contact him today to discuss your legal options.

Call David E. Stanley, APLC at (225) 926-0200 Today

CALL US: 225-926-0200

What You Need to Know About
Misdemeanor Carnal Knowledge of a
Juvenile in Louisiana

Misdemeanor Carnal Knowledge of a Juvenile

  • What Is Misdemeanor Carnal Knowledge of a Juvenile?

The following circumstances constitute the offense of “misdemeanor carnal knowledge of a juvenile,” according to Louisiana’s Revised Statutes, Section 14:80.1:

Misdemeanor carnal knowledge of a juvenile is committed when a person who is 17 years of age or older has sexual intercourse, with consent, with a person who is 13 years of age or older but less than seventeen years of age, and who is not the spouse of the offender, and when the difference between the age of the victim and age of the offender is greater than 2 years, but less than 4 years. 

fist and woman crying

  • What is The Difference Between Misdemeanors and Felony Carnal Knowledge of a Juvenile?

The age difference between the perpetrator and the victim is the primary distinction between misdemeanor and felony “carnal knowledge of a juvenile” charges. It is a misdemeanor if the victim and the perpetrator are two or three years apart in age. Nonetheless, it is a felony if the age gap is four years or more.

  • What are the Legal Penalties for Carnal Knowledge of Juvenile Offenses?

R.S. 14:80.1 states in Sections D and E that the penalty for misdemeanor carnal knowledge of a juvenile is a fine of not more than $1,000, or imprisonment for not more than 6 months, or both. However, the offender is eligible to have his conviction set aside and his prosecution dismissed in accordance with the appropriate provisions of the Code of Criminal Procedure. Additionally, the offender shall not be subject to any of the provisions of law which are applicable to sex offenders, including but not limited to the provisions which require registration of the offender and notice to the neighbors of the offender.

  • According to Section D of R.S. 14:80, the penalty for felony carnal knowledge of juveniles is a fine of not more than $5,000, or imprisonment, with or without hard labor, for not more than 10 years, or both. Further, the defendant shall not be eligible to have his conviction set aside or his prosecution dismissed in accordance with the provisions of Code of Criminal Procedure Article 893.

  • What Age Can a Person Consent to Sex in Louisiana?

In Louisiana, lawful consent to sexual activity is restricted to those who are 17 years of age or older. It’s also crucial to remember that any sexual acts—such as sexting, touching, and other non-penetration-related sexual acts—performed on someone younger than this age are illegal, according to La. R.S. 14:81, the state’s regulations on “indecent behavior with juveniles,” it is even illegal to perform sexual acts in front of an underage person, even if the underage person did not engage in the sexual acts.

Frequently Asked Questions 

What Is the Statute of Limitations on Carnal Knowledge of a Juvenile in Louisiana?

In Louisiana, the statute of limitations for felony carnal knowledge of a juvenile is thirty years as provided by Louisiana Code of Criminal Procedure Article 571.1. This thirty-year period begins to run when the victim reaches 18 years of age.

For misdemeanor carnal knowledge of a juvenile,  Louisiana Code of Criminal Procedure Article 572 provides that, unless the prosecution is instituted within 2 years after the offense has been committed.  However, prosecutions for any sex offense may be commenced beyond this time limitation if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile. A prosecution under the exception must be commenced within three years from the date on which the identity of the suspect is established by DNA testing. This exception has retroactive application to crimes committed prior to June 20, 2003. 

Should You Work With a Criminal Defense Lawyer in Louisiana?

It is highly recommended that you work with a knowledgeable and experienced criminal defense lawyer if you are charged with carnal knowledge of a juvenile in Louisiana. In most cases, a criminal defense lawyer can help you avoid or lessen penalties by guiding you through every stage of the legal process. In addition to speaking on your behalf, your attorney can gather, evaluate, and introduce favorable evidence on your behalf, prepare and submit pretrial motions on your behalf seeking to quash the charges or suppress the evidence against you, and improve your odds of a successful outcome

You should not attempt to represent yourself in court, especially if you are charged with a felony sex crime. Legal representation from a licensed criminal defense lawyer will assist you in avoiding mistakes that could result the severe and expensive consequences. David E. Stanley, APLC, can assist and defend your rights.

Criminal attorney checking documents

Carnal Knowledge of a
Juvenile Defense Attorney in Baton Rouge, LA

A conviction of carnal knowledge of a juvenile in Louisiana can leave you with a felony criminal record and make it difficult for you to find work or housing in some places. When facing misdemeanor or felony charges for having sex with a minor, you should act quickly to get legal counsel.

David E. Stanley, APLC, brings years of experience and expertise in criminal defense and a thorough understanding of the laws regarding sex crimes in Louisiana. His services are unparalleled because of his meticulous attention to detail and trial preparation, demonstrated by the outcomes he consistently obtains for his clients. Bring your case to David Stanley and let him do the rest. Contact him today to schedule a defense strategy session.

Call David E. Stanley, APLC, at (225) 926-0200 Today

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

 

Drug Criminal Lawyer

How Going Through The Drug Courts Protect Drug Addicts Persons

Addiction is a curable disease; however, most addicts find it difficult to seek proper treatment. Treatment of drug-addicted offenders offers a unique opportunity to lessen substance misuse and criminal behavior.

Those accused of certain drug offenses who agree that their addiction contributed to their illegal activities may be eligible for drug court procedures rather than regular criminal proceedings. Drug court can be a harm-reduction option for people already facing charges.

If you are facing drug charges, it is essential to seek legal counsel right away. Attorney David E. Stanley has years of experience defending clients in drug court and can help you get the best possible outcome for your case. Contact us today for a free consultation!

Need A Criminal Defense Attorney?
Call David E. Stanley, APLC, At 225-926-0200 Now!

How Can Going Through The Drug Courts Protect Drug Addicts

  • What Are Drug Courts?

The drug court is a type of specialized treatment court. In addition, there are drug courts for adults and children and family therapy courts. These one-of-a-kind courts aim to assist persons accused of crimes in obtaining therapy and support.
Rather than simply penalizing those charged with a crime, drug courts attempt to assist them in avoiding future criminal conduct by addressing their addiction. As a result, a defendant in drug court will usually have to work closely with a judge and other court specialists to overcome their addiction.

  • How Do Drug Courts Operate?

You can escape a traditional criminal trial if you qualify for procedures in the adult drug treatment courts. Here is how drug courts work:

● Drug courts assist individuals in recovering from substance abuse disorders to reduce criminal involvement in the future.
● As an alternative to incarceration, drug courts minimize the load and costs of processing low-level, nonviolent offenders through the courts, jails, and prisons while allowing offenders to obtain treatment and education.
● Participants in drug court must refrain from substance use, accept responsibility for their actions, and fulfill the legal obligations associated with the charges they have committed.

  • How Drug Courts Protect Persons Who Are Addicted to Drugs?

A judge's gavel on a law book beside the stethoscope

1. Access To Treatment

Drug education and treatment are the most prevalent services for convicts with drug abuse or addiction issues. These innervations include; therapeutic alternatives to incarceration, treatment combined with judicial oversight in drug courts, prison and jail-based treatments, and reentry programs designed to help offenders move from detention back into the community. Treatment before, during, and after jail has dramatically reduced drug use and drug-related crime.

2. Monitoring And Supervision

Despite their highly structured and restricted surroundings, illicit drugs are utilized in jails and prisons. Enforced abstinence can induce criminal justice professionals and addicts to underestimate their risk of relapsing after jail.

Addicts will face hurdles to their sobriety upon release from prison or jail due to many stressors that raise their likelihood of relapsing to drug use. By monitoring the recovering person for at least a year, the drug court helps offenders deal with concerns such as the stigma of being called an ex-offender, the necessity for housing and a respectable job, and the stresses of reunifying with family.

Frequently Asked Questions:

Will Drug Court Hear My Drug Possession Case?

Whether or not you will go to a drug court is determined by your charges and the circumstances surrounding those charges. Because drug courts are not in every jurisdiction, not all cases that qualify will be heard in one. You can find out if drug courts are accessible in your area by speaking with a local attorney. Drug courts only consider cases involving nonviolent criminal offenses involving drugs or alcohol. Your case will most likely be in criminal court if any component of the charges against you requires violence.

What Is The Difference Between Drug Courts and Other Courts?

Drug courts mix criminal justice and medical treatment concepts to deal with drug offenses. They understand that incarceration, especially for first-time and low-level offenders, may not be the most effective option for breaking the cycle of drug addiction and crime. Instead, drug courts promote cooperation between the prosecution, the prisoner, and the court, prioritizing rehabilitation above imprisonment. Drug court programs can result in reduced penalties or perhaps the dismissal of charges entirely.

What Is The Duration Of the Drug Court?

Adult Drug Court has a two-year minimum sentence. One year is the minimum sentence for Juvenile Drug Court. However, the period may extend based on a person’s progress.

The Best Criminal Defense Lawyer

Judge holding a gavel beside the justice scale

Addiction is a severe disease. It has a chemistry foundation, but it also contains psychological and sociological components. Drug courts are effective procedures for the legal system to help people who are addicted to drugs or alcohol.

If someone you know has a drug addiction, speak with an experienced criminal defense attorney to find out if drug court is the best option for you. David E. Stanley has years of experience navigating the drug courts and will work hard to get you the best possible result in your drug addiction case. So don’t be afraid to contact us right away!

Call David E. Stanley, Criminal Defense Attorney
at 225-926-0200 Now!

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