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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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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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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