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

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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

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

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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

 

A man holding a statue of Lady Justice

What Do You Need to Know About Violent Crimes in Louisiana?

Violent Crimes Defense Attorney

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!

Contact David E. Stanley, APLC

CALL US: 225-926-0200

What You Need to Know About Violent Crimes in Louisiana

Yellow Barrier Tape Protecting the Crime Scene

What Constitutes Violent Crimes in Louisiana?

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.

What Is Considered a Violent Crime in Louisiana?

Louisiana considers the types of crimes below as violent crimes:

  • First-degree murder
  • Second-degree murder
  • First, second, or third-degree feticide
  • Aggravated assault and battery
  • Domestic violence
  • Homicide (including negligent or vehicular homicide)
  • Manslaughter
  • Rape
  • Aggravated arson
  • First-degree robbery, second-degree robbery, and armed robbery
  • Aggravated burglary
  • Hate crimes

What Could Be the Penalties in Louisiana If Someone Is Found Guilty of 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 

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

Second-degree rape carries a sentence of five to forty years at hard labor in a state prison.

  • Third-Degree Rape

Third-degree rape carries a maximum sentence of twenty-five years in prison with hard labor.

Domestic Abuse, Angry Asian Husband Clenching Fist Threatening Wife Indoors
  • Domestic Abuse Battery

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

First-degree robbery carries a sentence of three to forty years in prison for hard labor without the possibility of release.

  • Second-Degree Robbery

Second-degree robbery also carries a three to forty-year prison sentence.

  • Armed Robbery

Armed robbery carries a prison sentence of 10 to 99 years at hard labor without the possibility of release.

  • Aggravated Burglary

Aggravated burglary carries a sentence of one to thirty years in prison with hard labor.

  • Aggravated Assault

Aggravated assault carries a $1,000 fine and a six-month jail sentence.

  • Aggravated Battery

Aggravated battery carries a maximum sentence of 10 years in prison, with or without hard labor, and a fine of $5,000.

  • Homicide

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.

A woman holding her fist

What are the Defenses in Louisiana for a Violent Crimes Charge?

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. 

  • Self-defense

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. 

  • Lack of Intent

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. 

  • Consent

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. 

A man using a magnifying glass to search counterfeit money
  • Lack of Evidence

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.

  • Justification

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.

  • Solid Alibi

Our criminal defense attorneys can obtain proof if you were, in fact, not present when the violent crime took place.

  • It Was an Accident

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.

  • The Victim Is Not a Household Member

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.

  • False Accusations

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.

Frequently Asked Questions 

What Is a Violent Crime?

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.

How Many Violent Crimes Occur in the U.S. Every Year?

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%.

How Many Violent Crimes Occur in Louisiana Every Year?

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.

Can You Expunge Violent Crimes From a Criminal Record in Louisiana?

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.

Why Do You Need a Louisiana Violent Crimes Defense Attorney?

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.

  • Plea Deals

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.

  • Sincere Counsel 

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.

  • Full Picture

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.

Baton Rouge Violent Crimes Defense Lawyer

Criminal Defense Attorney in Louisiana

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.

Arrested for a Violent Crime?
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

Human Trafficking Defense Attorney in Baton Rouge

What Should You Know About Human Trafficking in Louisiana?

Human Trafficking Defense Attorney in Baton Rouge

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. 

Need A Human Trafficking Criminal Defense Attorney?
Call David E. Stanley, APLC

CALL US: 225-926-0200

What You Should Know About Human Trafficking in Louisiana

Human Trafficking Criminal Defense Attorney

  • What is Human Trafficking?

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.

●  What are the Types of Human Trafficking?

There are many different types of human trafficking including:

●      Sex Trafficking

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

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.

●      Domestic Servitude

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.

Human Trafficking Criminal Defense Attorney

●      What are the Penalties for Human Trafficking Crime(s) in Louisiana? 

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.

Frequently Asked Questions 

 What is the Most Commonly Identified Type of Trafficking?

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.

Who are the Human Trafficking Perpetrators and Victims?

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.

Resolute Criminal Defense Attorney

Human Trafficking Criminal Defense Attorney

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

murder attorney Baton Rouge LA

Attorneys Defending Manslaughter in Baton Rouge LA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Manslaughter Defense Lawyer

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

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

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

 
Violent Crime Attorney Baton Rouge LA

Domestic Violence Attorney Baton Rouge LA

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

In general, the victim is:

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

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

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

Additional crimes associated with domestic violence include:

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

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

False allegations of domestic assault

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

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

This makes an accusation of domestic violence particularly devastating for:

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

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

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


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Michael Adam Weinberg
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Mr. David Stanely was quick, focused and organized in representing me for a rather simple, local case but for which 1. I could not be present and 2. I had to take an action to defend myself. After another lawyer was incommunicado I am grateful to have found Mr. Stanley who got my case fully adjudicated. I highly recommend Mr. Stanley.
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nuhi haziri
5 years ago
My brother was facing complicated felony charges. A conviction or plea could have resulted in him being deported. We hired David Stanley to represent him. He is truly amazing and I highly recommend him to anyone facing complex or serious criminal charges. He really came through for my brother when he desperately need help.
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5 years ago
Finest Lawyer in Louisiana!!! David Stanley, Esq. is the #1 Attorney for your case, PERIOD!!! Mr. Stanley is not only one of the best lawyers in the Louisiana, but also in the nation. Before retaining Mr. Stanley as my attorney, I had consulted with many other attorneys. It quickly became very apparent to me that David Stanley was the best attorney for my case. He has over 30+ years of experience and you will not be able to find a more powerful attorney for your legal matter. He has an extremely high level of experience, intelligence and character. Throughout each stage of my critical legal matter, Mr. Stanley approached every single step with the highest level of expertise and attention. He was able to execute the best legal strategy and ultimately, my criminal case was dismissed and resolved in a very swift manner. He was ALWAYS impeccably punctual, instantly responsive, and super reliable; He was always there for me when I had any concerns or questions. The Bottom Line: He will get you the best possible result. Contacting Mr. Stanley was one of the wisest decisions I have made in my life. I wholeheartedly recommend anyone in any urgent legal matter to see him immediately.
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Melanie Netterville
Melanie Netterville
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David is an honest, intelligent attorney who can be trusted with any need one may have legally. He is an excellent advisor and follows through on his promises. I would and have recommended him.
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assault attorney baton rouge la

Assault Attorneys Baton Rouge LA

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

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

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

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

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

The Definition of Assault

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

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

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

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

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

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

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

Assault Claims in Court

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

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

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


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Michael Adam Weinberg
Michael Adam Weinberg
 
 
 
 
 
 
 
 
 
 
1 year ago
Mr. David Stanely was quick, focused and organized in representing me for a rather simple, local case but for which 1. I could not be present and 2. I had to take an action to defend myself. After another lawyer was incommunicado I am grateful to have found Mr. Stanley who got my case fully adjudicated. I highly reccommend Mr. Stanley.
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nuhi haziri
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5 years ago
My brother was facing complicated felony charges. A conviction or plea could have resulted in him being deported. We hired David Stanley to represent him. He is truly amazing and I highly recommend him to anyone facing complex or serious criminal charges. He really came through for my brother when he desperately need help.
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Finest Lawyer in Louisiana!!! David Stanley, Esq. is the #1 Attorney for your case, PERIOD!!! Mr. Stanley is not only one of the best lawyers in the Louisiana, but also in the nation. Before retaining Mr. Stanley as my attorney, I had consulted with many other attorneys. It quickly became very apparent to me that David Stanley was the best attorney for my case. He has over 30+ years of experience and you will not be able to find a more powerful attorney for your legal matter. He has an extremely high level of experience, intelligence and character. Throughout each stage of my critical legal matter, Mr. Stanley approached every single step with the highest level of expertise and attention. He was able to execute the best legal strategy and ultimately, my criminal case was dismissed and resolved in a very swift manner. He was ALWAYS impeccably punctual, instantly responsive, and super reliable; He was always there for me when I had any concerns or questions. The Bottom Line: He will get you the best possible result. Contacting Mr. Stanley was one of the wisest decisions I have made in my life. I wholeheartedly recommend anyone in any urgent legal matter to see him immediately.
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David is an honest, intelligent attorney who can be trusted with any need one may have legally. He is an excellent advisor and follows through on his promises. I would and have recommended him.
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armed robbery attorney baton rouge la

Armed Robbery Attorney Baton Rouge LA

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

These are examples of “deadly weapons:”

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

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

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

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

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

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

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


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Michael Adam Weinberg
Michael Adam Weinberg
 
 
 
 
 
 
 
 
 
 
1 year ago
Mr. David Stanely was quick, focused and organized in representing me for a rather simple, local case but for which 1. I could not be present and 2. I had to take an action to defend myself. After another lawyer was incommunicado I am grateful to have found Mr. Stanley who got my case fully adjudicated. I highly reccommend Mr. Stanley.
Read more
 
Posted on
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nuhi haziri
nuhi haziri
 
 
 
 
 
 
 
 
 
 
5 years ago
My brother was facing complicated felony charges. A conviction or plea could have resulted in him being deported. We hired David Stanley to represent him. He is truly amazing and I highly recommend him to anyone facing complex or serious criminal charges. He really came through for my brother when he desperately need help.
Read more
 
Posted on
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blee917 njj
blee917 njj
 
 
 
 
 
 
 
 
 
 
5 years ago
Finest Lawyer in Louisiana!!! David Stanley, Esq. is the #1 Attorney for your case, PERIOD!!! Mr. Stanley is not only one of the best lawyers in the Louisiana, but also in the nation. Before retaining Mr. Stanley as my attorney, I had consulted with many other attorneys. It quickly became very apparent to me that David Stanley was the best attorney for my case. He has over 30+ years of experience and you will not be able to find a more powerful attorney for your legal matter. He has an extremely high level of experience, intelligence and character. Throughout each stage of my critical legal matter, Mr. Stanley approached every single step with the highest level of expertise and attention. He was able to execute the best legal strategy and ultimately, my criminal case was dismissed and resolved in a very swift manner. He was ALWAYS impeccably punctual, instantly responsive, and super reliable; He was always there for me when I had any concerns or questions. The Bottom Line: He will get you the best possible result. Contacting Mr. Stanley was one of the wisest decisions I have made in my life. I wholeheartedly recommend anyone in any urgent legal matter to see him immediately.
Read more
 
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Melanie Netterville
Melanie Netterville
 
 
 
 
 
 
 
 
 
 
7 years ago
David is an honest, intelligent attorney who can be trusted with any need one may have legally. He is an excellent advisor and follows through on his promises. I would and have recommended him.
Read more
 
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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!

Were You Involved in a Bar Fight?
Call Criminal Defense Attorney David E. Stanley Now
at 225-926-0200!

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.

A lawyer handshakes his client

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

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.

Do You Need Legal Advice?
Call David E. Stanley, APLC, at 225-926-0200 Today!

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