If you’re under investigation or already charged, act fast. A homicide case can impact your freedom, reputation, and family.
How to Choose a Kidnapping Defense Attorney in Baton Rouge
Facing a kidnapping charge is overwhelming. The right defense lawyer helps you understand the allegations, spot weaknesses in the State’s case, protect your rights, and plan each step so you don’t make avoidable mistakes.
Child Molestation Attorney: How Do I Find Trusted Legal Help?
A child molestation accusation can be overwhelming and isolating. Fear, confusion, and uncertainty about the next steps are common.
Homicide: What Are the Intricacies of Crime Investigation?
Homicide is the act by which one person causes another’s death. It is a broad legal term encompassing various forms of unlawful killing, including murder and manslaughter, each with differing levels of intent and culpability.
Murder Defense: How Can a Lawyer Help
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.
What You Need to Know About Second Degree Murder in Louisiana
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
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 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?
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
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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.
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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.
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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.
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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
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.
How to Choose a Criminal Defense Attorney to Help You with Your Case
Criminal Defense Attorney Baton Rouge
It is to your advantage to seek knowledgeable legal assistance as soon as possible once you become aware that you are being investigated for, or have been accused of, a criminal offense. Even seemingly minor offenses can leave you with a criminal record that may haunt you for years, decades, or even a lifetime. Not all attorneys are equal, especially when it comes to criminal defense. Having a trustworthy criminal defense lawyer on your side can make a big difference in how your case turns out. You need the aid of a skilled criminal defense lawyer who will keep you informed concerning the details of the case against you, fiercely protect your rights, and assist you in getting the best outcome for your case. Criminal Defense Attorney Baton Rouge
David E. Stanley, APLC, is a trusted and highly skilled criminal defense attorney in Baton Rouge, Louisiana. He can help you effectively and efficiently resolve your case because he has experience representing clients in serious and complex felony criminal cases in courts throughout Louisiana. Schedule an appointment with Mr. Stanley today!
How to Choose a Criminal Defense Attorney to Help You with Your Case
Here are some ideas to help you choose the best criminal defense attorney for your case.
Ask for Referrals
One way to get referrals is to ask those you know, such as friends, family, and coworkers. Ask a lawyer you know who practices in a different area of the law if they can recommend a trustworthy, experienced and knowledgeable criminal defense attorney. Once you have identified one or more attorneys, visit their website and check their client reviews. Check the lawyer’s peer review rating from other lawyers on peer rating services such as Martindale-Hubbel and Avvo.
Experience with the Charges You are Facing
If you’ve been accused of second degree murder or first degree rape, hiring a criminal defense attorney who focuses on DWI or DUI, or handling divorce cases, might not be advisable. Criminal law is a complex area of the law that is constantly changing. It is important to work with a lawyer who focuses on criminal law and has experience handling serious felony cases. Also, some lawyers may focus their practice on specific times of crime such as violent crimes, drug crimes, sex crimes, or white-collar crimes.
Once you complete your research, contact the lawyer to schedule an appointment to discuss your case. Be on time and prepared for the meeting. Be completely honest with your attorney and do not withhold or conceal information from the attorney. Ask questions about the most important parts of your case that you are most concerned or worried about. You are looking for a lawyer that is professional, communicates well, answers your questions clearly, and that you feel comfortable working with on your case.
Consider a Local Criminal Defense Attorney
A local criminal defense attorney may be more familiar with the local customs and practices in the courtroom where your case will be heard. They understand what the local courts and prosecutors tend to do, how they do it, and what they like and do not like. They will be able to use this knowledge to your advantage in preparing your defense. Local attorneys may be able to use their contacts to their advantage as they work on your case.
Courtroom Confidence
You want to be sure that your attorney has confidence in the courtroom if your case proceeds to trial. Along with asking about courtroom experience, you can get a sense of the lawyer’s demeanor and performance by observing how they present themselves. They will fare better in a courtroom situation if they are well-groomed, articulate, and confident. On the other hand, a judge or jury may not be as convinced by an attorney’s arguments if they lack confidence, are disorganized or act unprofessionally.
Finally, make sure to clearly inform the lawyer of your goals and objectives for the resolution of your case. While your lawyer will advise you and make recommendations to you, it is ultimately up to you to make important case decisions such as whether to plead guilty, or go to trial, and whether you will testify or not testify at your trial. Therefore, choose a criminal defense lawyer who actively incorporates your input into the legal plan and takes the time to get to know you and your goals.
Frequently Asked Questions
When Should One Contact a Criminal Defense Attorney?
You should contact a criminal defense attorney as soon as you suspect that you might be accused of committing a crime. If you have been contacted by law enforcement agents and asked to give a statement in connection with a criminal investigation, or you have received a letter notifying you that you are the target or subject of a grand jury investigation, or you are arrested, or you are indicted or formally charged with a crime, or you receive a grand jury subpoena for your testimony or demanding that you produce any documents, then you have an urgent need to hire a criminal defense attorney and should contact one immediately. Most importantly, you should contact a criminal defense attorney before you make any statements to law enforcement agents, or voluntarily consent to allow them to search your person or property without a warrant, or produce any documents, accounting or bank records, or any other material in response to a subpoena for your records. Do not speak to law enforcement officers without your lawyer present in the room with you. Politely, but firmly, state that you will only answer questions if your lawyer is present with you and then remain silent until your lawyer arrives to speak with you.
Why Would I Need a Lawyer if I Were Innocent?
Unfortunately, sometimes innocent people are charged with crimes. Also, people who may have committed one crime frequently face false accusations of committing more serious crimes. As the person accused of committing a crime, you have a constitutional right to legal representation. Therefore, it is safer and better for you to have the benefit of a lawyer’s advice before you make any statements or take any actions that waive your rights, permits a search of your property without a search warrant, or otherwise damages your case beyond repair.
How Long Does a Criminal Defense Case Last?
How long your criminal case will last depends on a variety of things. The complexity of the case, your criminal history, the number of co-defendants or co-conspirators charged along with you in the case, the parish where the crime occurred, and whether the charge is a felony or a misdemeanor are just a few factors considered when estimating the length of your criminal case. The length of time depends on how complicated the case is. Simple misdemeanor cases may be finished in a couple of months or less. However, felony cases may go on for a year or even longer. Sometimes, pretrial motions to suppress evidence, or quash the charges, may cause the case to last longer. On the other hand, if the prosecution offers a fair plea deal early on the case may resolve more quickly.
Professional Criminal Defense Attorney in Baton Rouge LA
If you, or a loved one, have been accused of committing a crime in Baton Rouge, you need an experienced and local criminal defense attorney.
David E. Stanley, APLC, is a trustworthy and well respected criminal defense attorney in Baton Rouge . He has defended people accused of crimes in Baton Rouge and throughout Louisiana for many years. If you need the assistance of an experienced and qualified criminal trial attorney, contact Mr. Stanley today and let him help you with your case.
Call Criminal Defense Attorney David E. Stanley, APLC, At 225-399-0709 Now!
David E. Stanley, APLC
1055 Laurel Street, Suite 2, Baton Rouge, LA 70802
225-399-0709
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.
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.
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.