Being accused of kidnapping in Louisiana is a dire and frightening situation. Kidnapping charges carry severe legal consequences that can impact your life and future significantly. It’s essential to understand what you’re facing and to get legal counsel immediately to protect your rights and build a strong defense.
Facing criminal law charges can be an overwhelming and distressing experience. Having a seasoned criminal law attorney by your side is essential during such challenging times. Hiring the right criminal law lawyer can make a significant difference in the result of your case. It’s crucial, therefore, to carefully weigh your options and choose someone qualified and with whom you feel comfortable.
Facing a murder charge can be a devastating experience with life-altering consequences. It’s crucial to understand that you’re not alone in this battle. A qualified defense attorney can offer valuable advice and support to safeguard your rights and pursue a favorable outcome.
In Louisiana, second degree murder is defined in La. R.S. 14:30.1 as the killing of a human being when (1) the offender has a specific intent to kill or to inflict great bodily harm; or (2) when the offender is engaged in the perpetration or attempted perpetration of specifically certain felony crimes including, but not limited to, first or second degree rape, aggravated arson, aggravated or second degree kidnapping, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, terrorism, and other offenses listed in the statute, even though he has no intent to kill or to inflict great bodily harm; or (3) when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance; or (4) when the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
Suppose you or someone you love is facing a charge of second degree murder. In that case, you should immediately contact David E. Stanley, APLC, a highly skilled, knowledgeable, and experienced criminal defense attorney.
Second degree murder can occur in several different and distinct ways. Some of which require the killing of a human being when the offender has a specific intent to kill, or to inflict great bodily harm, on the victim. An example might be when two people get in a fist fight outside of a bar, and one of them attempts to stop fighting, and withdraw from the fight, but the other person goes to his car, pulls out a firearm, and shoots the other unarmed person involved in the fight
Second degree murder can also occur when the offender is engaged in the commission, or attempted commission of another serious felony crimes such as first or second degree rape, aggravated or second degree kidnaping, aggravated burglary, or armed robbery, even though the offender has no intent to kill or to inflict great bodily harm on the victim. So, for example, if the offender breaks into someone’s home with the intent to commit a felony or theft, while armed with with a dangerous weapon, and a person inside of the home is killed, even though the offender has no intent to kill or to inflict great bodily harm on that person, the offender may be charged with second degree murder. As another example, if the offender distributes or dispenses fentanyl or heroin to another person, who then ingests or consumes that drug, and the ingestion or consumption of the drug is the direct cause of that person’s death, then the offender may be charged with second degree murder.
Regardless of the factual circumstances that result in a charge of second degree murder, there is essentially only one statutory penalty, and it is life imprisonment at hard labor without benefit of probation, parole, or suspension of sentence.
Someone facing a grand jury indictment for second degree murder in Louisiana should immediately contact and retain David E. Stanley, APLC. He is a highly skilled, knowledgeable, and experienced criminal defense attorney with his office located in Baton Rouge, Louisiana.
For a person found guilty of second degree murder, there is only one penalty, which is life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. With a possible exception for an offender who is under eighteen years of age when the crime is committed, parole, probation, or sentence suspension is not available to the offender.
Children who have not reached ten years of age are exempt from criminal responsibility but they are subject to the jurisdiction of juvenile courts as established by the Louisiana constitution and statutes. But yes, minors can be charged with second degree murder in Louisiana if they meet the criteria for the offense. For certain serious felony crimes, there are statutes that may allow juveniles that are 14 years of age or older, or 15 years of age or older, to be transferred from the juvenile courts and prosecuted as an adult in state district court subject to statutorily modified penalty provisions.
Yes, it is possible to secure a conviction for second degree murder in Louisiana, even without the victim’s body. Still, the prosecution must present solid circumstantial evidence and demonstrate that the person is deceased.
Yes, a person convicted of second degree murder in Louisiana has the right to a direct appeal of their conviction and sentence to the state appellate courts, the right to file a discretionary petition for a writ of certiorari to the Louisiana Supreme Court, and conceivably to the United States Supreme Court if the case raises issues of federal constitutional law.
If you or your loved one has been charged with second degree murder, you know that the situation is serious and how much is at stake. The decisions that you make right now about who to hire as your attorney, and how to defend yourself, are critical. These decisions may change the outcome of the case and determine what the future will be like for you or your loved one. The skill, knowledge, and experience of the defense lawyer you choose can make all the difference in your case. You need to get David E. Stanley, APLC, started working on preparing your defense today. Contact him now to schedule a consultation for a defense strategy session on your second degree murder case.
David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
(225) 926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
An assault in Louisiana occurs when someone tries to injure another person physically (a battery); an example of this would be missing a strike with a hand or item. Any deliberate act or threat of action that justifiably makes someone fear that violence may break out can also be considered an assault. The assault laws of Louisiana apply to activities that involve threats of violence or attempted battery. When the defendant targets particular victims or the potential of injury increases, assault charges can go from misdemeanors to felony assault charges.
As soon as the arrest is made, you should speak with an assault attorney if charged with assault in Louisiana. It will be your best opportunity to achieve the optimal outcome. You will benefit in your circumstances if you have legal representation. While you wait for your trial, the lawyer can assist you with every legal matter. Hiring a lawyer may result in a dismissal of the charge, a reduced sentence, and ultimately work to your advantage in keeping an arrest or conviction off of your record. For this reason, contact dedicated lawyer David E. Stanley, APLC, who will work hard on your behalf.
David E. Stanley, APLC, focuses his practice on felony charges, including assault charges, and we will help you improve your chances of a successful outcome prior to, amd during, your trial. It will help the process move along quickly and make your life easier. Sure, you made a mistake, let him help you.
Here is what you can expect to take place if assault charges are filed against you.
The only things you are legally required to give the police when you are detained are your name and address. Without an attorney present, you have the right to silence and to refuse to answer any questions. Tell the cops you want an attorney if they want to question you. Wait until your lawyer arrives before answering any of their questions and do not volunteer any information to them. Remain silent until your lawyer arrives to meet with you.
Some people believe that they won’t say anything that incriminates them or undermines their case, or that will be helpful or advantageous to the prosecution. Frequently, this does more harm than good. In Louisiana, you’ll probably have to pay bail to be released from jail after being arrested on assault charges. You will be detained throughout the court proceedings if you cannot post a bond.
Within 48 hours of your arrest, the probable cause determination is made; it may happen without your presence or that of your attorney. The district attorney and a judge will conduct the hearing to ascertain whether there is probable cause to support your arrest.
Your first appearance before a judge will be to set your bond hearing and determine if you have legal counsel. If you are charged with a felony, and cannot afford counsel, the court will appoint counsel for you. Your bond determination will now consider the specifics of the alleged attack, your past criminal history, and the possibility that you may appear in court for additional hearings.
The district attorney’s office will examine the case file after the arrest and bond hearing to determine whether to press formal charges. If you are detained, the district attorney must file a bill of information or indictment on a misdemeanor offense within 45 days of your arrest. They have 60 days following the arrest if it is a felony assault charge.
If you are freed on bond, the district attorney has ninety days to file a misdemeanor bill of information or indictment. For felony assault charges, they have 150 days to submit documentation. The district attorney must release you from custody if they do not file charges against you within the allotted period. They can only keep you in custody if the government explains the holdup.
An arraignment occurs following the filing of charges by the District Attorney. When you and your lawyer arrive in court, you will formally enter a plea, typically “not guilty.”
The district attorney and your lawyer will probably negotiate a plea deal while the case is still pending. The aim is to find a solution that satisfies you, your attorney, the district attorney, and the judge. Plea agreements are reached when the parties consent to a lesser charge, reduced punishment, or when some of the charges are dismissed before trial or reduced to a lesser charge with less severe penalties. The plea agreement settles the criminal case without a trial.
The court will schedule a trial if your attorney and the district attorney cannot reach a mutually agreeable plea deal. A judge will preside over the trial when misdemeanor assault charges are brought. A judge or jury may preside over your trial if charged with a felony. A judge alone decides all questions of law and fact in a judge trial, including whether you are guilty or innocent of the offense.
When a jury is used in a trial, the judge decides all legal issues while the jury considers factual issues, such as guilt or innocence. The day the district attorney files the indictment or bill of information marks the start of the clock on your right to a prompt trial. If you are charged with a capital offense, your trial must happen in three years. For felony assault charges, the trial must be held within two years, and for a misdemeanor, within one year.
The parameters of your penalties, probation, or jail time are outlined during sentencing when you accept a plea deal or are found guilty by a judge or jury. Sometimes, a plea deal is pre-arranged with the judge and district attorney before the plea. Your criminal history and the present conviction will determine your sentence.
Assault is a misdemeanor; it is sometimes known as simple assault. According to La. R.S. 14:38, the punishment for this offense is a fine of up to $200, imprisonment for not more than 90 days, or both.
La. R.S. 14:37 provides that aggravated assault is an assault committed with a dangerous weapon The maximum penalty for this crime is $1,000 in fines and up to six months in prison. The only exception is that,, if the assault occurs against a retail employee during the commission of a robbery or attempted robbery, the minimum punishment is 120 days to six months in jail and a fine of up to $1,000.
La. R.S. 14:37.4 defines aggravated assault with a firearm as an assault committed with a firearm. A “firearm” is defined as an instrument used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it. The penalty for aggravated assault with a firearm is a fine of not more than $10,000 or imprisonment for not more than 10 years, with or without hard labor, or both.
Legal representation can help in felony assault cases by playing a crucial part in building a robust defense, navigating legal processes, and protecting the accused’s rights. Experienced attorneys can explore defenses, negotiate plea deals, and advocate for the best possible outcomes.
If you or a loved one are arrested on assault charges, you need to contact an attorney right away. Assault charges carry differing penalties, depending on the facts of the case, whether a dangerous weapon was used. Negotiating the court system can be challenging. A criminal defense attorney is familiar with the law, the criminal process, and will negotiate the best plea bargain possible or go to trial with you.
Many people wait to see what will happen, hoping the problem will disappear because they are innocent. Avoid making this catastrophic mistake. Regardless of whether you believe that you are guilty or innocent, David E. Stanley, APLC, will fight to achieve the best outcome possible on your behalf. Contact him now to schedule a consultation and get him working on your case..
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
Violent crimes are felony offenses with severe penalties upon conviction. You may lose everything important to you, your reputation least of all. You may jeopardize your freedom and career if found guilty of a severe crime in Louisiana. In Louisiana, prosecutors pursue severe punishments for violent crimes; depending on the specifics of your alleged conduct, you might potentially be sentenced to life in prison if the court “throws the book” at you. A conviction will come with heavy fines and a mark on your record that might prevent you from getting a job. You also could hold a professional license for a job involving public interaction, like teaching, law enforcement, or medicine. In that case, you will likely have your license revoked and could lose your job.
Even if you had no intention of causing the victim’s significant injuries or death, you could still face harsh penalties for violent acts. Our violent crimes defense attorney, David E. Stanley, APLC, can help you. We believe one is innocent of a crime until proven guilty and that if charged with a violent crime, one has the right to aggressive and skilled counsel from an experienced violent crime defense attorney. At David E. Stanley, APLC, we aim to plan a vigorous defensive approach on your behalf. If charged or under investigation for a violent crime, do not delay. Contact a Louisiana violent crimes defense attorney today!
State statutes categorize violent crimes in each case. In general, using force against a victim is a part of violent crimes. Usually, using force involves threatening to use force or attempting to use force. When accused of committing a violent crime, it becomes more serious when they use force or a weapon against a particular group of individuals, such as emergency professionals, children, or the elderly.
Louisiana considers the types of crimes below as violent crimes:
In Louisiana, a conviction for violent crimes carries harsh punishments, including lengthy jail time and hefty fines. We detail the punishments for the aforementioned violent crimes below.
First-degree rape carries a life sentence without the prospect of release from prison. If a rapist targets a minor as a victim, the district attorney may seek the death penalty. Kennedy v. Louisiana, a 2008 decision by the U.S. Supreme Court, established that the death sentence is not a suitable response to child rape, mainly when the child survives, and the rapist never intended to murder the victim.
Second-degree rape carries a sentence of five to forty years at hard labor in a state prison.
Third-degree rape carries a maximum sentence of twenty-five years in prison with hard labor.
Depending on whether this is the perpetrator’s first, second, third, or fourth crime, different punishments apply for domestic abuse battery. The first infraction carries a maximum fine of $1,000 and a six-month jail sentence. A $1,000 fine and up to a year in jail are the penalties for the second offense. A third violation carries a maximum penalty of $2,000 in fines and five years in prison. Lastly, a fourth offense carries a maximum fine of $5,000 and a term of 10 to 30 years in prison.
First-degree robbery carries a sentence of three to forty years in prison for hard labor without the possibility of release.
Second-degree robbery also carries a three to forty-year prison sentence.
Armed robbery carries a prison sentence of 10 to 99 years at hard labor without the possibility of release.
Aggravated burglary carries a sentence of one to thirty years in prison with hard labor.
Aggravated assault carries a $1,000 fine and a six-month jail sentence.
Aggravated battery carries a maximum sentence of 10 years in prison, with or without hard labor, and a fine of $5,000.
Depending on the type of homicide the perpetrator committed, different sanctions apply. For instance, manslaughter convictions carry far lighter sentences than murder convictions. According to Louisiana law, manslaughter carries a maximum sentence of 40 years in prison with hard labor. If the victim is younger than ten, the offender will serve the same time in prison without the possibility of release. Penalties are nonexistent for justified homicide because the majority of those found guilty of this crime do so in self-defense. Negligent homicide carries a maximum imprisonment of five years, with or without hard labor, and a fine of $5,000. Lastly, there is a maximum punishment of $15,000 and a sentence of 5 to 30 years in prison, either with or without hard labor, for vehicular homicide.
You can first defend against charges of violent crime with the assistance of an experienced Louisiana criminal defense attorney. Depending on your situation, it could result in an acquittal, reduced charges, a plea agreement, or dismissal. A knowledgeable criminal defense attorney can also assist you in handling the unintended implications of your conviction if you are found guilty.
The circumstances of a defendant’s case will determine the defenses that are accessible to them. Defendants of violent crimes in Louisiana frequently argue that there was a legal justification for their behavior rather than denying their conduct.
One of the most well-known defenses against a violent criminal allegation is self-defense. A defendant uses this defense when someone dies or becomes injured in the process of defending themselves or another person. In some instances, the circumstances may justify the defendant’s use of force. However, the amount of force applied ought to be appropriate and reasonable.
For most crimes, the prosecution must prove that the accused intended to commit the offense. A defendant might be able to refute an allegation of violent crime without evidence of criminal intent. For instance, a defendant may contend they were incapable of forming the intent required for criminal responsibility if they were under the influence of alcohol or mentally ill at the time of the conduct.
The victim may have given their permission to commit a violent crime in certain situations, the court may determine. For instance, when a person gets hurt while voluntarily taking part in a boxing match. Consent is a complicated defense that depends heavily on the particulars of each case.
There are situations where there is insufficient evidence to convict someone in a violent crime case. A Baton Rouge violent crime attorney may pursue less severe charges or file no charges if the prosecution does not have sufficient evidence to prosecute you for a violent offense.
Suppose there is strong proof that you used violence to defend persons or property during an emergency. In that case, a Baton Rouge violent crime attorney may be able to employ this argument on your behalf. This defense may cover violent theft crimes.
Our criminal defense attorneys can obtain proof if you were, in fact, not present when the violent crime took place.
Accidents do happen sometimes. A criminal defense lawyer may be able to use this defense to your advantage if you unintentionally cause harm to someone or kill them. For some homicide cases, this violent crime defense might be effective.
This defense is only available in situations involving domestic abuse. The State of Louisiana defines domestic abuse expressly as using force or violence against a home member. If the victim did not live with the family.
Sometimes, a culprit gets wrongfully accused of committing a violent crime, such as rape or domestic abuse. If this applies to you, a violent crime lawyer can get proof to demonstrate your sincere innocence.
A violent crime is an offense that involves the use of force against a victim, as well as when a victim is hurt, threatened, or suffers physical harm. Typically, the degree of bodily pain or injury inflicted upon the victim determines the level and severity of a violent crime.
Unfortunately, violent crimes happen all the time in the U.S. According to FBI data, there were 1,203,808 violent crimes committed in 2019 alone. Aggravated assaults accounted for the bulk of these violent offenses (68%) committed. In the meantime, robbery offenses accounted for 22% of these crimes, rape for 8%, and murder for 1.4%.
Louisiana consistently ranks among the most violent states in the union. For the thirty-second year in a row (since 1989), Louisiana has the highest per capita murder rate in the United States in 2020. In that year, there were 15.8 murders for every 100,000 inhabitants. Based on FBI data, the cities with the highest violent crime rates in 2018 were New Orleans, Baton Rouge, and Shreveport. With their use in about 45% of killings, handguns are the most frequently utilized murder weapon in Louisiana. Aside from homicide, rape, robbery, and aggravated assault rank among the most common violent crimes in the state.
No, you cannot expunge violent crimes from a criminal record in Louisiana. Certain felonies, but not violent offenses, can be expunged. David E. Stanley, APLC, a violent crime defense attorney in Baton Rouge, can examine the specifics of your case and assist you in determining whether you qualify for expungement.
Being accused of a violent crime has the power to upend your life completely. These are the top three reasons to hire a violent crimes defense lawyer.
Many accused of violent crimes could be tempted to accept the initial plea bargain, but that plea bargain might backfire if you represent yourself or your case with an unskilled attorney. You want a plea agreement that works in your favor. Plea bargains are only sometimes the most excellent option, as it is. Thus, you require a lawyer capable of negotiating and pursuing your best interests.
Crimes involving violence constitute grave allegations. Your life might be significantly affected by a conviction. Your career, connections with others, reputation, and potentially even your freedom are at stake. Instead of making snap decisions, you need someone who will be honest with you and guide you toward wise choices.
If you accept a plea bargain without legal counsel, the prosecution will not give you the full rundown of what might or might not occur. Furthermore, it would help if you learned to inquire about the nature and quantity of the evidence the prosecution has against you because they will not tell you. A lawyer gathers the data and presents you with the complete picture, outlining all the details. You would want to understand each decision and how it might affect your life.
If accused of a violent crime, you know how stressful it can feel. In Louisiana, a person accused of any violent crime faces harsh punishments that include heavy fines, life in jail without the prospect of release, a permanent criminal record, and other disastrous outcomes. It is typical to feel overburdened.
Having a knowledgeable Louisiana violent crime defense lawyer on your side is crucial to assist you in navigating the legal system when facing violent crime charges. David E. Stanley, APLC, is dedicated to providing aggressive defense and all-encompassing legal advice to anyone accused of violent crimes. Our skilled violent crime defense lawyer will defend and protect your legal rights and ensure fair treatment. Contact us today to discuss your charges during a free, in-person consultation.
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
Human trafficking is a serious crime. Only the arms trade and drug trafficking are more extensive and rapidly expanding illicit industries. Regardless of age, race, nationality, or gender, human trafficking entails the manipulation and exploitation of individuals for the sake of forced labor, commercial sex, servitude, the selling of human parts, or other financial gain. This crime takes place in every state across the country, including Louisiana. Human Trafficking Defense Attorney
If charged with human trafficking, you need an experienced human trafficking defense attorney in Baton Rouge to help you defend yourself against this charge. David E. Stanley will evaluate your case, conduct the research necessary to support your defense, and develop the best plan of action to combat these charges and prevent or minimize the potential consequences.
Your freedom, career, good name, and reputation all need to be protected to the best of your ability. David Stanley will fight hard to keep you out of jail and at home with your family. He can assist you regardless of the seriousness of the charged offense. Do not wait. Call David Stanley today to schedule a discreet, privileged, and totally confidential comprehensive defense strategy session in his office to discuss the details of your case and how best to protect yourself from these criminal charges. The peace of mind that results from removing the fear and uncertainty of the criminal justice system, having a clear understanding of your current situation and the options available to you, and formulating a clear strategic plan to defend yourself from these charges, is well worth the effort, time, and cost.
Human trafficking is compelled or forced labor that is occurring right now in all 50 states, including Louisiana. The National Human Trafficking Hotline (NHTH) collaborates closely with service providers, law enforcement, and other experts in Louisiana to assist trafficking victims and survivors, respond to cases, and exchange knowledge and resources.
There are many different types of human trafficking including:
In Louisiana, sex trafficking can take many forms, including domestic trafficking, gang trafficking, child sex act exchanges for valuables (survival trafficking), and selling children for valuables. Threats, force, violence, deception, or compulsion are all used in sex trafficking to sell sex. It entails escort services, pornography, brothels, beauty parlors, strip clubs, and illegal massage parlors.
Labor trafficking employs deception, compulsion, force, violence, or other tactics intended to force an individual to perform household labor, agricultural labor, restaurant work, carnival work, construction work, childcare work, and cleaning work. Many individuals compelled to labor in these sectors are undocumented immigrants who lack passports and get meager wages.
When a victim of human trafficking is compelled to work in a person’s home, this is referred to as domestic servitude. Such conditions lead to vulnerabilities. Domestic employees may work alone in a home and are frequently alone. Their employer often dictates their access to food, transportation, and shelter.
There are obstacles to victim identification because what occurs in a private home is hidden from the public, particularly from law police and labor inspectors. In addition, foreign domestic employees are particularly susceptible to abuse due to linguistic and cultural problems, a lack of ties to society, and other factors. Some criminals exploit these circumstances as part of their coercive plans to force domestic employees to work in intolerable conditions without being discovered.
A person found guilty of human trafficking faces severe repercussions, including a fine of $10,000 and a term of imprisonment of up to ten years. Furthermore, if there is evidence of criminal or commercial sexual activity involved in the trafficking, a fine of up to $15,000 may be imposed and term of imprisonment of up to twenty years; in addition, if the victim of trafficking is under the age of 18, upon conviction, the offender may be subject to a fine of up to $25,000 and a prison sentence of five to 25 years.
It is important to take allegations of human trafficking seriously. A strong defense should be pursued because a conviction can have serious and long-term repercussions. A person accused of human trafficking should immediately schedule a criminal defense strategy session with an experienced criminal defense attorney in his office to discreetly and confidentially discuss the facts of the case, the options available, and develop a defense strategy that maximizes the chances of success.
Sex trafficking. It may entail the trafficker taking advantage of victims who are minors, uneducated, unsophisticated, undocumented, illiterate, or who do not speak the language by relocating them from one city, state, or country to another city, state, or country under false pretenses, such as the promise of a better job, or better life, only to then seek to profit by forcing them into sex work.
Immigrants, runaways, kids, kids in foster care or unstable homes, mentally ill, and mentally delayed people. In criminal court, human trafficking is much more prevalent for sexual objectives. Sex trafficking and child labor are also quite prevalent.
David E. Stanley, APLC, can offer you the attention, guidance, and support you need to get through this challenging and sometimes overwhelming process. He has forty years of experience handling felony criminal cases. If you need a highly skilled trial lawyer that you can trust to work in your best interests, contact David E. Stanley, APLC.
Call David E. Stanley, APLC, at 225-926-0200
David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
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.
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
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:
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:
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.
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
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.
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
