group of men raising their beers to celebrate

How Criminal Charges Can Result From Bar Fights

On occasion, a night out does not go as planned. For example, you minded your business when another person approached you and began provoking a fight. Before you know it, a bar fight has broken loose.

The other person in that bar fight ended up with significant injuries. Now you’re being accused of violent behavior, which could result in charges. You may face severe consequences if you cause substantial bodily harm to another individual.

If you did not start the conflict and were merely protecting yourself, you may be able to defend yourself against the accusations successfully. It is legitimate to be afraid for your life and protect yourself. It is critical to seek legal counsel as soon as possible. Attorney David E. Stanley has years of experience defending clients who have been involved in brawls and can assist you in obtaining the best possible outcome for your case. Contact us today for a no-obligation consultation!

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4 Charges You Might Face After a Bar Fight

While bar fights are easy to avoid, they can rapidly become more hassle than they’re worth due to their aggressive character. If you get into a bar brawl, you could face the following four criminal offenses.

1. Disorderly Intoxication

A person is charged with disorderly intoxication when accused of jeopardizing public safety or producing a public disturbance while under the influence of alcoholic beverages. “Disorderly intoxication” also includes public drunkenness and disturbing the peace charges. If you continue to act this way, the bar’s management or law enforcement officials have the right to order you to leave before the situation worsens. In addition, one can file a second-degree misdemeanor charge if someone is injured in an incident.

2. Disorderly Conduct

Disorderly conduct is referred to as a “breach of the peace. The goal of this law is to promote a sense of public decency. Disorderly conduct is a second-degree misdemeanor and can result in hefty fines or jail time.

3. Aggravated Battery

When a person is charged with aggravated battery, it signifies that they intended to cause substantial bodily harm to another person while fighting in a bar. The employment of a dangerous weapon, whether a pocket knife or a bottle taken up off the table, amplifies this energy. This can result in a second-degree criminal charge.

close view of a person arrested

4. Manslaughter

Losing a life in a bar brawl is heartbreaking and entirely preventable, yet it has occurred before. This crime can be classified as either voluntary or involuntary. Voluntary manslaughter refers to the act of killing someone because of provocation. Involuntary manslaughter occurs in the heat of the moment. It is motivated by passion or emotion, leading to an immediate intent to do any act that gets another person killed. Involuntary manslaughter occurs when someone is killed inadvertently during a struggle, such as a bar fight. An example would be if a person trips or is pushed during a brawl and slams his head on the bar, resulting in an injury leading to death. Both types of manslaughter will very certainly result in a prison term.

Defending Against Assault and Battery Charges

If charged with assault or battery in connection with the bar brawl, keep in mind that you can defend yourself by demonstrating that:

● There was no way for you to flee or withdraw.
● You had the impression that you were in grave danger.
● Before they threatened you, you did not provoke or injure the other party.
● Someone subjected you to an unlawful threat of force or damage.

You should be able to run if approached by someone in a bar who threatens you and rushes in your way. If you cannot flee, you have every right to fight back. You’d be able to claim self-defense because you did everything possible to prevent a physical altercation but couldn’t avoid it.

Self-defense is a viable option for defense; however, it is not always practical. If you defend yourself with a force that is excessive for the circumstances, you could be charged with assault or battery.

Before forming a defense, you must understand the allegations you’re facing as much as possible. Although not everyone can utilize self-defense as a robust legal defense, other measures may be available to protect yourself and avoid being convicted of a significant crime.

If you or someone you know gets into a bar fight and is charged with one or more of these offenses, you must contact the advice of an experienced criminal defense attorney like David E. Stanley. Call him immediately to learn how he can help you.

Frequently Asked Questions:

What Happens if You Get into a Fight at a Bar?

You could face a lengthy jail sentence if you get into a fight at a bar and are convicted of serious assault. In addition, during a bar brawl, using a dangerous weapon or handgun can result in charges of aggravated battery. This Class 3 felony results in five years in prison and a maximum fine of $25,000.

Why Do Men Get into Bar Fights?

Young men get into bar fights partly because they believe it is expected of them by their peers. However, it turns out that most young men overestimate how widespread fighting is among their friends. And the more the man overestimated peer approbation for battle, the more likely he was to get into a fight. Samantha Wells, Paul F.’s daughter, claims as much.

Does a Fight Go on Your Record?

A fight can go on record if you’re convicted of any form of assault, including disorderly conduct. You’ll face financial and other consequences, including incarceration and a criminal record.

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Experienced Legal Defense Representation

David E. Stanley, APLC, is a distinguished criminal lawyer. He is meticulous in his legal profession and pays special attention to detail. In addition, he is deeply concerned about his clients’ legal issues. As a result, every customer is treated with dignity, respect, and care.

Need Advice on a Criminal Case?
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

Police search the vehicle after traffic stops and checks the driver

What You Should Know About Car Searches After Traffic Stops

There are federal rules in place to safeguard citizens from police misbehavior. In addition, the Fourth Amendment to the United States Constitution also protects you from unreasonable searches and seizures and protection frequently invoked in criminal cases. If you are facing criminal accusations, regardless of whether they result from a car search, consult David E. Stanley, an experienced criminal defense attorney.

When is it illegal to conduct a traffic stop or a car search? Unfortunately, police officers are frequently willing to break the rules regarding handling people, particularly when they suspect a narcotics crime. A cop may be eager to stop you for questionable reasons or inspect your vehicle without having the legal authority to do so. When would you be able to object to a traffic stop or a police search of your car?

For law enforcement, there are numerous motivations, not the least of which is civil asset forfeiture, which might provide their department with additional incentives. That is why it is necessary to employ the services of an experienced attorney who is knowledgeable on traffic stop legal advice if your car was detained at a stop and then searched. The best lawyer for that is David E. Stanley, APLC. Contact him today for a free consultation.

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4 Legalities of Car Searches After Traffic Stops

1. The Police Must Justify a Traffic Stop

You have the right to question why an officer pulled you over as soon as they did. If they don’t have a compelling basis for stopping you, it’s a red flag that they’ve likely infringed on your rights.

A traffic stop usually results in a citation, and the irritated motorist drives away. However, an officer may extend a traffic stop and search the driver’s vehicle.

An officer who has stopped a car may have legal grounds to search it in specific cases. However, sometimes that just isn’t available. For example, suppose an officer doesn’t see any apparent traffic violations or has any other objective reason for pulling a car over in the first place. In that case, any evidence uncovered during a car search will undoubtedly be inadmissible in court.

Police search the vehicle after traffic stops

Officers may profile you if they see you leaving a particular company or if you have a particular bumper sticker on your vehicle. In addition, a police officer may profile you and pull you over without probable cause based on the year and condition of your vehicle or your looks.

A traffic stop without probable grounds to suspect a major traffic offense is illegal, and the courts may exclude any evidence discovered during that traffic stop.

2. Car Searches Conducted Following a Simple Detention

Even if a traffic stop is legal, an officer who issues you a citation cannot search you or your vehicle unless there is a reasonable suspicion that you are armed and dangerous or involved in criminal conduct (other than the minor traffic violation).

The notion that the police can’t inspect a car just because they’ve stopped it. In the case of rental cars, the practical rule is that police may not inspect a rental car following a traffic stop solely because the driver is not listed on the rental agreement. By not being on the rental agreement, someone who has the authorization to use an automobile from the person who rented the car does not lose all of their Fourth Amendment rights.

3. A Car is Searched Following an Arrest

Despite the above rule, officers can inspect cars they’ve stopped in various situations. For example, many states have laws that allow police officers to arrest drivers for minor traffic violations like speeding or not wearing a seatbelt. The facts determine the legality of a later search in these and other arrest scenarios.

Police may check the passenger compartment of a car after detaining an occupant if it appears that the arrestee might get access to the vehicle during the search or if the vehicle contains:

  • Weapons
  • Objects illegally possessed, such as contraband or burglary tools
  • Evidence linked to a traffic stop
  • Ways of eluding detection

The following search must be limited to locations where the searching officer expects to discover the objects they are looking for.

4. Must Have Probable Reason to Search Your Vehicle

You may be arrested if a police officer discovers even tiny amounts of illegal narcotics in your vehicle. For example, a marijuana seed left by a former owner or a small amount of cocaine left by a passenger could be enough for the cops to arrest and charge you with a crime.

To search your vehicle, they usually need probable cause or a warrant. You should inspect your vehicle when you pull down the window and see drug paraphernalia or smell something. What an officer finds when they search your car without probable cause or your permission may not hold up in court. Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Frequently Asked Questions:

What is a Traffic Stop?

A traffic stop is a seizure and detention of a vehicle’s occupants violating the Fourth Amendment. A standard traffic stop is justified if a police officer rightfully suspects that the occupant is driving without a license or that the car is unregistered.

What is the Automobile Exception to the 4th Amendment?

The automobile exception to the 4th Amendment is a legal rule in the United States that reduces standard probable cause requirements and, in some circumstances, permits a police officer to search a motor vehicle without a search warrant.

When Can Police Seize a Vehicle?

Police can sequester a vehicle if they believe it is being utilized in a way that causes alarm, harassment, or distress, such as careless or inconsiderate driving. They can also take a car if they suspect someone is operating it without a valid license or insurance.

A man arrested by police

Experienced Criminal Defense Lawyer

David Stanley is a proactive defense lawyer with over 35 years of experience in criminal defense. He is the founder and principal of David E. Stanley, APLC. Mr. Stanley is a successful trial lawyer who devotes his practice to defending people accused of significant or complex federal or state felony crimes. In addition, he is determined to protect those who want to appeal their conviction or sentence to a federal or state appellate court.

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

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

Property Crimes

Five Different Felony Property Crimes You Should Know About

Felony property crimes are the most severe property crimes one can commit. They can range from causing property damage to stealing something. Theft of cash, on the other hand, is the most common. Unfortunately, only around 18% of theft crimes are filed as charges. So first, we’ll go through some property crimes and what to expect when charged with one.

Anyone accused of felony property offenses will need to prepare a defense. You might face prison time and hefty fines and penalties if convicted of these offenses. If you think you are involved in any felony property crime, you can turn to David E. Stanley for the best advice to tackle them.

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Five Different Felony Property Crimes

Arson

The intentional and malicious burning or charring of property is classified as arson. While most arson crimes involve the destruction of structures, a person could also set fire to forest land or a boat. Arson is frequently used to conceal evidence of other crimes, such as insurance fraud or domestic abuse. Arson crimes often involve malicious intent as a distinctive sign of criminal conduct. Arsonists must be registered with the Louisiana Arson Registry.

Financial Crimes and Fraud involving Property

Fraud and financial crimes are types of theft/larceny in which someone or something obtains money or property and uses it illegally to profit from it. These crimes differ from ordinary theft and robbery because of deception, fraud, or the misuse of a position of trust. Fraud and financial crimes can take various shapes in today’s challenging economy. Fraud can cover many concerns, from insurance fraud to deceptive sales to homeowners. For example, allegations of fraud might range from filing a bogus insurance claim to selling an item and never delivering it after receiving payment.
Lawyer talks about Property Crimes

Property Theft and Burglary

Any unauthorized entry into another person’s home, watercraft, car, cemetery, or other location to commit a crime is considered simple burglary. A simple felony can result in fines of up to $2,000 and a jail sentence of up to 12 years.

Burglary is the illegal entry into any structure (not just a home or company) to commit any crime (not just theft or robbery) within. There is no need for a physical break-in; the criminal can trespass through an open door. In contrast to robbery, which involves using force or terror to gain another person’s property, a burglary typically occurs without the presence of a victim.

Burglary has been a crime for hundreds of years. Although it originated in common law, states have adopted the basic concept of burglary into their criminal laws, albeit with minor variations. Burglary laws were created to defend people’s homes and prevent violence, not to keep them safe from theft. Other laws make it illegal to take property; burglary laws, on the other hand, are intended to protect homeowners from dangerous encounters with burglars in their homes.

Robbery

Robbery is theft committed with the use of violence or the threat of violence. Unlike theft and burglary, robbery nearly invariably necessitates the presence of a victim threatened with bodily harm. The theft may be charged as “armed” or “aggravated” if a weapon is used or the victim is injured.

Vandalism

Vandalism laws intend to prevent behavior that has the potential to cost states millions of dollars in clean-up costs each year, as well as cause psychological or emotional harm to property owners. When someone defaces, modifies, or destroys another person’s property, they may be obliged to clean up, restore, or replace the damaged property or face criminal consequences such as jail time, fines, or both.

What To Do if Charged with a Felony Property Crime?

If you face felony offense charges, you must understand your legal rights and create a strong defense. Felony offenses are often punishable by hefty fines and penalties, as well as the possibility of being imprisoned for a year or more.

You have a Legal Right to be Represented

If facing a felony charge, your first concern should be to avoid saying or doing anything that will aid the prosecution’s case. Staying silent and not saying anything unless you completely grasp your legal rights is the most significant way to defend your interests. To protect yourself, remember that you have a right to an attorney and that you should discover more about the specific claims so that you may start preparing a defense against the charges you may face.

Frequently Asked Questions:

What is an Example of a Crime Against Property?

Burglary, motor vehicle theft, theft, arson, vandalism, and shoplifting are all examples of crimes against property.

What are the Major Offenses Against Property?

Theft, fraud, deception, and making off without paying are the most common property crimes, as are criminal damage, arson, forgeries, and forceful entrance. However, some property crimes, such as burglary, robbery, and blackmail, may also include components of crimes against people.

What is the Lowest Sentence for a Felony?

In general, felony offenses, whether state or federal, have a one-year minimum term. Federal felony offenses are classified into four categories, with escalating potential penalties based on the seriousness of the crime: Class “E” felonies are the least serious and can result in a prison sentence of up to three years.

Property Crimes

Reliable Criminal Defense Attorney​

Since 1983, David Stanley has successfully practiced criminal law from his Baton Rouge office. He is a well-known trial lawyer who focuses his practice on defending individuals and businesses charged with severe or complex felonies and those seeking to overturn an unjust criminal conviction or disproportionate punishment. He is mainly dedicated and experienced in the field of federal criminal defense.

Schedule a Consultation with David E. Stanley, APLC,
Criminal Defense Attorney!
Call 225-926-0200 Today!

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

A judge's gavel

Five Defense Techniques To Assist You in Obtaining a Lighter Sentence

Criminal Defense Attorney

The primary purpose of criminal defense for many people is to avoid a conviction. Your defense, on the other hand, does not always finish when the jury renders its decision. You will have to appear in court again after a guilty verdict. David E. Stanley APLC, a criminal defense attorney, is ready to give the best advice to any criminal case.

If there is a victim of the offense, the pre-sentencing investigation will contain a victim impact statement. This investigation aims to fill in the gaps in the court’s understanding of the events leading up to the crime. For that, you need an experienced criminal defense attorney. As a result, the courts may give a more appropriate penalty if they understand the offense better.

During the hearing for your sentence, your attorney will use the facts gathered during the pre-sentencing process. You will also have the opportunity to argue in your defense. Getting legal representation immediately is necessary. David E. Stanley is an experienced attorney who can guide you through the legal process and help you achieve the most favorable outcome possible for your case. Get in touch with us as soon as possible to receive a free consultation!

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Defense Techniques that May Help Reduce Sentence

Here are several ways to get a criminal sentence reduced that you might explore with your lawyer.

Investigate Your Past to Elicit Sympathy

Personal trauma and mental health difficulties frequently influence criminal conduct. For example, maybe a bar brawl got out of hand because the person shouting at you reminded you of your controlling father. Perhaps you’re dealing with a mental health issue or an addiction.

Your lawyer can assist you in evaluating the circumstances that led to your illegal activities and determining whether or not expressing your history or side of the story during sentencing might be beneficial.

Show Genuine Regret and a Proactive Desire to Improve

People convicted of crimes will try to avoid hearing the victim impact statement or minimize the repercussions of their conduct in any way possible. However, recognizing how your actions harmed others and considering how you might accept responsibility for your future actions may appear compassionate to the courts.

Attending counseling, commencing treatment, or donating money and time to a charity supporting victims of criminal offenses could be beneficial. These actions demonstrate that you are responsible for your actions and want to lessen the damage they caused. In addition, other sentencing options may be available to help reduce the effects of a recent conviction. Finally, examining your position and potential punishments in detail might assist you in better planning for the last stages of your criminal defense.

The lawyer explained to the client about legal issues

Plea Bargains

Prosecutors frequently try to agree with an alleged offender to avoid costly and time-consuming trials. If you plead guilty (the “plea”), they will attempt to persuade the judge to reduce your sentence (the “bargain”).
A plea deal may be a suitable alternative if the case against you is vital or you just wish to plead guilty. Because of your apparent cooperation, the judge may be lenient and award you a reduced sentence.

Remember, a plea bargain isn’t always a sure thing. Regardless of your cooperation, the judge has the option of imposing a harsher sentence on you. In addition, a guilty plea is irrevocable. Therefore, a guilty plea could linger on your criminal record for life, depending on the offense. Furthermore, by pleading guilty, you are acknowledging that you were the one who committed the offense. For some, that carries a lot of emotional weight, and you might want to go to court to prove your innocence. You’re also unable to raise any concerns about police misbehavior. Instead, you’re admitting that you broke the law, regardless of how they acted.

Discuss your case thoroughly with your counsel before accepting a plea bargain. Take their counsel seriously if they believe a plea bargain is the best action. Remember, though, that you always have the right to defend yourself, and if you want to fight your case in court, your attorney should support you.

Proving Circumstances to Avoid

Even though a defendant appears entirely guilty, the court may exercise mercy on them. People’s natural tendencies might make poor decisions, especially when confronted with unexpected circumstances. Mitigating circumstances are conditions outside of the criminal justice system that impacts criminal behavior.

Suppose the prosecution has a strong case, and a guilty finding appears to be a foregone conclusion. In that case, your attorney may be able to show that circumstances outside of the offense warrant a lesser punishment.

Mitigating Circumstances Surrounding the Offense

Your attorney can use various strategies to argue that the crime does not warrant a harsh penalty.

1. There was No Actual Harm Done

Consider a mugger who approaches someone in a dark alley. They take out a knife and demand the victim’s wallet. They realize the wallet is empty when they receive it, so they give it to the victim and depart. The attacker intended to mug the victim and undoubtedly commit armed assault. However, no one was wounded, and nothing was stolen. In a circumstance like this, an attorney may be able to negotiate a reduced sentence.

2. The Victim Is Also at Fault

Take the same scenario, except swap the victim and the attacker this time. Consider a person going along the street, minding their own thing. A mugger appears, brandishing a knife, and demands the victim’s wallet. The mugger’s knife is knocked out of the mugger’s grasp, and the victim begins to beat them severely. This would-be victim is charged with aggravated violence on the spur of the moment.

In terms of the law, this person made a mistake. You can’t defend yourself with disproportionate force. On the other hand, this individual did not assault someone at random. The mugger would never have gotten hurt if he hadn’t started the fight. This example of “victim culpability” can be used to request a reduction in punishment.

3. When You’re Under Pressure

You can claim that you were compelled if you were threatened with committing a crime. The court may still find you guilty, but it may decide to give you a lower sentence because of coercion.

4. Circumstances Surrounding the Suspected Offender

An attorney may be required to cast a positive light on the alleged perpetrator on occasion. Here are some examples of how a defendant’s circumstances may influence their punishment.

The lawyer explained to the client about legal issues

 5. Addiction Issues

Long-term addiction can have a lifelong impact on a person’s decision-making ability. Being under the influence of a substance distorts your judgment as well. If you’ve been battling addiction, a court-ordered treatment program may be able to reduce your sentence to probation.

6. An Offense for the First Time

This could work in your favor if you have an otherwise spotless record and are arrested for a single offense. If the court considers that you will not continue to constitute a threat and that rehabilitation will be effective, it may reduce your sentence.

7. Cooperation at a High Level

If you agree to collaborate extensively with the cops, they may begin to believe that you are trying to do the right thing. This is particularly true if you assist them in locating any co-defendants. In addition, they may start to see you as a team member and advocate in your favor, pleading with the court to reduce your sentence.

8. Problems with Mental Health

If you had a temporary mental health problem that led to you doing an illegal act, you might be eligible for a reduced sentence. Remember that this is not the same as filing an insanity petition. Those are only for persons who have severe and debilitating mental conditions. Reintegration into society is not immediate. Instead, they are usually committed to high-security mental health centers. While they are not technically jails, their inmates are not free to come and go. They’ve been sentenced to be there, and their actions and liberties are tightly monitored.

We’re talking about a brief health issue that resulted in a lack of judgment. Although you are still guilty of the crime, your mental condition at the time may result in a reduced punishment.

Frequently Asked Questions:

What are the Four Most Important Justification Criminal Defenses?

The four most important justification criminal defenses used in criminal cases are innocence, self-defense, insanity, and constitutional infringement. A solid defense can assist raise enough doubt that a conviction is unjustified. Therefore, criminal courts require that a judge or jury determine guilt beyond a reasonable doubt.

What are the 7 Procedural Defenses?

The seven procedural defenses are entrapment by the government, false confessions by witnesses, faked evidence, denial of a timely trial, double jeopardy, prosecutorial misconduct, and selective prosecution.

What are Three Arguments for a Valid Defense to a Crime?

The three arguments for a valid defense to a crime are: They can contest the actus reus by denying that they performed the act. They can argue that they lacked the required criminal intent or guilty mentality, arguing that the men’s rea was violated. Finally, the accused has the right to react to the charges and submit a defense.

Judge reading legal documents

Experienced Criminal Defense Attorney

Mr. Stanley has successfully practiced criminal law from his Baton Rouge office since 1983. 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. In addition, he is exceptionally dedicated and skilled in the area of federal criminal defense.

Schedule a Consultation with David E. Stanley, APLC,
Criminal Defense Attorney!
Call 225-926-0200 Today!

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