The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

Effective August 1, 2021, the Louisiana Legislature has repealed the defamation statute and its ancillary statutes.

The conduct that used to be prohibited by Louisiana R.S. 14:47 is:

Defamation is the malicious publication or expression in any manner, to anyone other than the party defamed, of anything which tends:

(1) To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or

(2) To expose the memory of one deceased to hatred, contempt, or ridicule; or

(3) To injure any person, corporation, or association of persons in his or their business or occupation.

The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.

First up, the Legislature created Louisiana Revised Statutes 14:102.29 - “Unlawful possession, transfer, or manufacture of animal fighting paraphernalia.” This statute essentially prohibits the possession, sale, or creation of tools that could be used to engage in, promote, or facilitate animal fighting in violation of La. R.S. 14:102.1, .5, or .23 (or any other provision of law).

A. It shall be unlawful for any person to possess, purchase, sell, transfer, or manufacture animal fighting paraphernalia with the intent to engage in, promote, or facilitate animal fighting in violation of La. R.S. 14:102.1, 102.5, or 102.23, or any other provision of law.

B. For purposes of this Section, “animal fighting paraphernalia” means equipment, products, implements, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes but is not limited to the following:

(1) Breaking sticks.

(2) Cat mills.

(3) Treadmills.

(4) Fighting pits.

(5) Spring poles.

(6) Unprescribed veterinary medicine.

(7) Veterinary treatment supplies.

(8)(a) Spurs, gaffs, knives, leather training spur covers, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl."

La. R.S. 14:102.29. The penalty for violation of this statute is a fine of not more than $500 and/or imprisonment for not more than 6 months.

If you or someone you know is accused of a violation of a criminal law and you would like to schedule a consult, give us a call at (318) 459-9111.

Many grocery and big-box stores have added self-checkout terminals to their checkout lanes in the last few years. For those unfamiliar with the self-checkout lanes, the customer can enter a self-checkout, scan their own items, input their payment using whatever form of payment they choose, and bag their own items to leave the store. The convenience of the self-checkout is that the lines are often shorter and the social interaction is limited. The cons of the self-checkout are that the customer has just become an un-trained employee of the store in which they are shopping.

Since self-checkouts became ubiquitous in the area, we have seen an uptick in prosecutions for theft using self-checkout machines. Anyone using a self-checkout should know that there are somewhere between 1 and 1000 (I exaggerate…slightly) cameras pointed at each of the self-checkout machines and (usually) a store employee stationed at the exit of the self-checkout area to “assist” customers with the machinery, but also to monitor for any theft.

As The Atlantic wrote in 2018, there are any number of methods by which a person might attempt to steal using self-checkout that differs from the usual methods of shoplifting.

There’s also always the chance that a mistake made by a customer in good faith not scanning an item can result in an arrest for shoplifting. In Louisiana, in order to prove that a person is guilty of theft, the prosecutor must prove that the person took something of value with the intent to deprive the owner permanently of that thing. In order to prove that intent, the prosecution may use a couple of inferences:

“when the defendant:

(1) Intentionally conceals, on his person or otherwise, goods held for sale.

(2) Alters or transfers any price marking reflecting the actual retail price of the goods.

(3) Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection.

(4) Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods.

(5) Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.”

Louisiana Revised Statutes 14:67(D). Unfortunately, that subsection (3) is what often trips people up in the self-checkout. Once the customer has placed an item that he failed to scan (whether intentionally or not) in a shopping bag, the court may infer that he intended to permanently deprive the store of the item.

If you or someone you know has been charged with theft using a self-checkout, give us a call to set up a consult at (318) 459-9111.

We have gotten questions from several people regarding the bill Governor John Bel Edwards just signed into law “decriminalizing” marijuana possession in Louisiana, so we thought we’d let y’all know what this law actually does.

Governor Edwards signed House Bill 652 (by Shreveport’s own Representative Cedric Glover) into law on Tuesday, June 15. The first thing we want our readers to know is that this law does not legalize marijuana possession, distribution, production, etc..in Louisiana. It is still a crime to do all of those things with regard to marijuana. (See Louisiana Revised Statutes 40:966.)

What this bill does do is change the penalty for possession of 14 grams (half an ounce) or less of marijuana from a fine and/or jail time to simply a fine of not more than $100. It does not matter whether this is a first offense or a 40th offense as long as the amount possessed is 14 grams or less. Possession of more than 14 grams of marijuana still carries the potential for jail time and is also still an enhanceable offense, meaning that for a third or higher offense, you could be charged with a felony.

Although many in the media and legislature are referring to this statute as “decriminalization,” we want our readers to be very aware that an arrest and conviction for possession of less than 14 grams of marijuana will still be considered a criminal conviction. This means that the arrest and conviction will still show up on your rap sheet unless you pay to have it expunged (assuming you are otherwise eligible to expunge it). It also means that you will have to disclose it on job applications, lease applications, etc.

Our readers also need to be aware that this legislation is only applicable to state law. Marijuana is still illegal in any quantity under federal law.

Finally, our readers should also know that this law will not go into effect until August 1, 2021, the standard effectiveness date of all legislation in Louisiana (unless another one is specifically enumerated). That means that, until August 1, if you are caught with less than 14 grams of marijuana, you still face jail time if convicted.

If you or someone you know is facing marijuana possession charges and has questions about how the new law will impact them, call us to set up a consult at (318) 459-9111.

Yes, several. State courts have only the authority to handle crimes which are prohibited by their state laws. And only those crimes which occurred within their states and the smaller district divisions of the courts. For example, the First Judicial District Court in Caddo Parish can only handle cases where the crimes were committed in the State of Louisiana, and particularly only in the First Judicial District which encompasses the Parish of Caddo. State courts have no authority to handle federal crimes.
Federal courts have jurisdiction to handle only violations of federal law. Federal laws, because of some specific constitutional requirements, have limited jurisdiction over criminal acts that occurred in more than one state (i.e. drug trafficking across state lines) or which involve interstate commerce (i.e. wire fraud).

This is why some offenses which are crimes under state law are not crimes under federal law and why there are often additional interstate requirements for prosecutions in federal court.

Because some state and federal laws prohibit the same activity, you can sometimes be prosecuted in both state and federal court for the same (or very similar) conduct. For example, if you are charged with possession of controlled dangerous substances under state laws and, if the drugs were transported across state lines, you can be prosecuted under both state and federal law.

The double jeopardy clause in the Fifth Amendment of the United States Constitution states (in part): “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” however, because our system of government is one of dual sovereignty, we are citizens of the United States of America and also our State of residence. Each sovereign, the United States and the State of Louisiana, has the authority to prosecute the crimes committed within their jurisdiction, without being subject to double jeopardy restrictions for the actions of the other.

This means that if you are tried for a drug offense in state court and found not guilty, the State cannot retry your case again, but the federal court which has jurisdiction over that case can then prosecute you in the event that the circumstances of your arrest were in violation of a federal crime.

Court proceedings are also very different between state and federal court. In state court, you may have multiple court appearances while your case is pending. In federal court, you will make your initial appearance and most other proceedings, unless they are contested hearings, will be handled with conferences between the attorneys. Federal cases follow a strict scheduling order and tend to proceed more quickly than cases in state court tend to.

If you or someone you know is facing prosecution in state or federal court and you would like your questions answered, please call us to set up a consult: (318) 459-9111.

In Louisiana, criminal charges are either misdemeanors or felonies. As a general rule, misdemeanors are less serious and much less punitive than felonies. Louisiana’s criminal definition statute is found in Title 14 of the Revised Statutes, Section 2. Subsections (4) and (6) define “felony” and “misdemeanor”.

A felony in Louisiana is

“Any crime for which an offender may be sentenced to death or imprisonment at hard labor."

A misdemeanor in Louisiana is

“Any crime other than a felony.”

The other major difference between a felony and a misdemeanor in Louisiana is that individuals charged with felonies are entitled to trial by jury. Although an individual charged with a felony can waive his right to a jury trial, people charged with misdemeanors are only entitled to trial by judge.

In Louisiana there are several types of protective orders. They fall into two main categories: criminal and civil.

A criminal protective order is issued in conjunction with a criminal charge and most often as a condition of the defendant’s bond obligation. A civil protective order can be issued entirely independently of a criminal investigation and for grounds that may not rise to the level of criminal conduct.

In either case, protective orders are issued because there is a threat of harm or harassment from the defendant in the action to the petitioner in the action. Protective orders are not limited to individuals who are married or in intimate relationships and can be issued in situations where one individual is stalking or simply harassing another individual. 

The purpose of a protective order is to prohibit contact between the petitioner and the defendant and to stop the behavior, whether it be physical violence or harassment that is the subject of the protective order.

Protective orders are usually filed by filling out a form available at the Clerk of Court’s office. If you are served with one, you should first note specifically what provisions the Court has ordered you to comply with. The first document you will be served with is a Temporary Restraining Order (or TRO) which will be in place until the hearing date listed in the court’s order. It may prohibit you to go to certain locations or make contact with certain people. In proceedings involving people in relationships, it may permit use of certain property (homes or vehicles, for example) to one of the parties. 

You should contact an attorney as soon as possible upon receiving the TRO because it is likely you will have a hearing date scheduled within two weeks. The purpose of the hearing is to determine whether or not the court will issue a Permanent Restraining Order. At this hearing, you will be permitted to present witnesses and to testify on your own behalf.

A protective order not only has consequences with regard to your contact with the individual filing it. If a protective order is granted, you can lose your concealed carry permit, you will be ordered to dispose of or to surrender to law enforcement all of your firearms, and you may be required to report the existence of the protective order to employers or licensing agencies, depending on the terms of your employment.

La R.S. 14:79 establishes the criminal consequences for violating a protective order:

On a first conviction that does not involve physical violence, the offender shall be fined not more than $500 or imprisoned for not more than 6 months, or both.

On a second conviction that does not involve physical violence, the offender shall be fined not more than $1,000 or imprisoned with or without hard labor for not less than 14 days nor more than 2 years. The first 14 days must be served without benefit of probation, parole, or suspension of sentence. 

If the violation involves physical violence, the offender shall be sentenced to pay a fine of not more than $1,000 and imprisoned with or without hard labor for not less than 3 months nor more than 2 years. The first 30 days of the sentence shall be without benefit of probation, parole, or suspension of sentence.

On a second or subsequent conviction within 5 years involving physical violence, the offender shall be sentenced to pay a fine of not more than $2,000 and imprisoned with or without hard labor for not less than 1 year nor more than 5 years. The first year without benefit of probation, parole, or suspension of sentence. 

Louisiana Code of Criminal Procedure Article 320(K) states that a violation of any bond condition (including the violation of a protective order issued as a condition of bond) shall be considered constructive contempt of court and shall result in the revocation of bail and the issuance of a bench warrant for the defendant’s arrest or remanding the defendant to custody. The Court may then increase the defendant’s bail, add additional conditions to his bail, or hold him without bail pending trial. 

If you or someone you know is dealing with a protective order, please contact our office to set up a consult at (318) 459-9111.

A common mistake that people make is thinking this: “I didn’t do anything wrong, so I will just go and explain everything to the detective and everything will be okay.” There are a few things to remember before you do this:

First, if you are getting called in by a detective to “give your side of the story” you must remember that the detective has likely already labeled you as a suspect. This means he is going to view everything you say with great skepticism, and likely not believe you, which could mean you are giving a statement in vain.

Second, don’t forget that detectives go to extensive training in interrogation and interview tactics, so you are rarely actually going in for a “conversation” with them—you are going in for an interrogation, and you need to be prepared for what that means. 

Does this mean that we never take people to speak with the police? Absolutely not! We frequently take clients to give statements to the police. When you hire us, we make a plan with you, the client, to determine whether or not it is in your best interested to give a statement. We have taken many clients in to give statements who were never arrested. Taking an attorney with them provided those clients with an advocate and someone who was comfortable in the interrogation room, calling out unfair statements or tactics that the police use, when they may not have been able to accomplish that themselves, without an attorney.

Why should you hire an attorney prior to giving a statement? Aside from the fact that it is much less expensive to hire us for a pre-arrest matter than it is to litigate your case, you also may end up avoiding an arrest altogether. 

If you are wondering whether you should hire an attorney for your pre-arrest matter give us a call at (318) 459-9111 to discuss your case.

In Louisiana, when a person is arrested for Driving While Intoxicated (DWI), his driver’s license will also be suspended in an administrative proceeding that is entirely separate from the criminal prosecution.

The first step in this process occurs during the arrest, itself. During the arrest, law enforcement will read a series of instructions and regulations to the arrested person advising him of his rights related to the breathalyzer.

The law at the time of this writing requires a person operating a motor vehicle on the public highways of Louisiana to submit to a chemical test of his blood, breath, or other bodily substance if an officer believes he is operating or “in actual physical control” of a motor vehicle and a law enforcement officer has “reasonable grounds to believe he is under the influence of alcohol beverages or “any abused substance or controlled dangerous substance.” (La. R.S. 32:661).

If the arrested person refuses to submit to testing or submits to testing and his results are above the legal limit of .08 (or .02 in the event the arrested person is under the age of 21), his driver’s license will be suspended for a period ranging from 90 days to 365 days. In order to reinstate his driver’s license after a DWI arrest, an arrested person usually must provide proof of additional auto insurance (SR-22) and install an ignition interlock device in any vehicle he operates. 

The arrested person has 30 days to appeal the suspension of his driver’s license.

If you have been arrested for DWI and are concerned about the status of your driver’s license, please call us for a consult at (318) 459-9111.

Effective August 1, 2020, the Louisiana legislature added subsection (L) to Louisiana Revised Statutes 14:95, which added an exception to the statute’s prohibition against concealed carrying of a firearm or other dangerous weapon on one’s person.

Subsection L allows any person (provided that person is not prohibited from possessing a firearm under La. R.S. 14:95.1 - the felon in possession of a firearm prohibition statute or any other state or federal law) to carry a concealed firearm on his person while in the act of evacuating during a mandatory evacuation order issued during a state of emergency or disaster declared pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act.

The section further defines “in the act of evacuating” as: “the immediate and urgent movement of a person away from the evacuation area within 48 hours after a mandatory evacuation is ordered.” It also allows for the 48-hour window to be extended by an order issued by the governor.

The Louisiana legislature added subsection (3) to the manslaughter statute:

When the offender commits or attempts to commit any crime of violence as defined in R.S. 14:2(B), which is part of a continuous sequence of events resulting in the death of a human being where it was foreseeable that the offender’s conduct during the commission of the crime could result in death or great bodily harm to a human being, even if the offender has no intent to kill or to inflict great bodily harm. For purposes of this Paragraph, it shall be immaterial whether or not the person who performed the direct act resulting in the death was acting in concert with the offender."

This statute appears to be an attempt to re-establish that when an offender is engaged in a crime of violence, even if neither he nor his co-defendants are responsible directly for the death of someone, they could each be charged with manslaughter if a death results. The textbook example here would be a robbery that ended up with shots being fired by someone other than the robbers and an individual dying as a result. Although the robbers were not the shooters, under this version of the statute, they could still be charged with manslaughter as a result of the person’s death.

If you or someone you know is charged with a crime, call us at (318) 459-9111, to set up a consult.

This year, the Louisiana legislature added additional acts and penalties to the battery on a police officer statute.

The old version of the statute prohibited throwing bodily fluids at a law enforcement officer while the offender was incarcerated in any detention facility. The change in the law removes the requirement that the offender be incarcerated, so makes this law applicable to anyone and also criminalizes the throwing of water or any other liquid to the prohibited substances. This change vastly increases the potential individuals who could be prosecuted for this offense.

The new version of the statute also makes it enhanceable, meaning that a second or subsequent offense subjects the offender to a fine of not more than $1,000 and imprisoned with or without hard labor for not less than one year nor more than three years, with 15 days of that sentence without benefit of parole, probation, or suspension of the sentence.

It also makes the penalty for a battery that causes an injury requiring medical attention to be enhanceable, making the penalty for a second or subsequent offense, a fine of not more than $2,000 and imprisonment with or without hard labor for not less than two years nor more than five years, with 60 days of the sentence without benefit of probation, parole, or suspension.

These changes increase the penalties and make the possible behavior that is punishable much more expansive than the prior version of the law.

If you or someone you know is facing battery against an officer charges, or any criminal charges, give us a call at (318) 459-9111 to set up a consultation.

Effective August 1st, 2020, the Louisiana legislature added Louisiana Revised Statutes 14:98.5.1 to the mass of laws governing the potential penalties for those convicted of Driving While Intoxicated. This particular statute allows a court to order a person convicted of a second or higher offense of driving while intoxicated to undergo an assessment to determine whether a diagnosis of alcohol or drug dependence is appropriate in keeping with the diagnostic criteria of the most recent Diagnostic and Statistical Manual (DSM) published by the American Psychiatric Association. This assessment must be paid for by the person convicted. The assessment must consider whether the individual would benefit from a court-approved, FDA-approved, medication-assisted treatment program.

After the assessment, the court may refer the person to a rehabilitation center that offers the approved medication and treatments.

If you or someone you know is facing DWI charges, call us at (318) 459-9111 to set up a consult.

Although burglary and robbery are often used interchangeably, there are some very clear differences between the two of them.

Simple burglary is the unauthorized entering of a dwelling, vehicle, watercraft, or other structure (or cemetery) with the intent to commit a felony or theft therein. It is a felony that carries a penalty of up to a $2,000 fine and/or imprisonment with or without hard labor up to 12 years. (La. R.S. 14:62)

Simple robbery is the taking of anything of value that belongs to another from the person of another or his immediate control by use of force or intimidation. It is also a felony that carries a penalty of up to a $3,000 fine and/or imprisonment with or without hard labor for up to 7 years. (La. R.S. 14:65)

While both robbery and burglary may involve theft, burglary does not necessarily involve a theft. Any felony can lead to a charge of burglary. Robbery also must be from a person or their direct control, rather than from their home, as is required for a burglary.

Both burglary and robbery have higher level offenses:

• Simple Burglary of an Inhabited Dwelling (La. R.S. 14:62.2) is an unauthorized entry of an inhabited dwelling, house, apartment, or other structure used in whole or in part as a home with the intent to commit a felony or theft inside. It carries a penalty range of 1 to 12 years at hard labor.

• Aggravated Burglary (La. R.S. 14:60) an unauthorized entry of an inhabited dwelling, or any structure, watercraft, or moveable where a person is present with the intent to commit a felony or theft inside if the offender (1) is armed with a dangerous weapon, (2) arms herself with a dangerous weapon once inside, or (3) commits a battery while entering, inside, or leaving the structure. It is a felony which carries a penalty of 1 to 30 years at hard labor.

• First Degree Robbery (La. R.S. 14:64.1) is the taking of anything of value that belongs to another from the person of another or his immediate control by use of force or intimidation when the offender leads the victim to reasonably believe he is armed with a dangerous weapon. It carries a penalty range of imprisonment for 3 to 40 years at hard labor without benefit of probation, parole, or suspension of sentence.

• Second Degree Robbery (La. R.S. 14:64.4) is the taking of anything of value that belongs to another from the person of another or his immediate control when the offender intentionally inflicts serious bodily injury. It carries a penalty range of imprisonment for 3 to 40 years at hard labor.

• Armed Robbery (La. R.S. 14:64) is the taking of anything of value that belongs to another from the person of another or his immediate control by use of force or intimidation while armed with a dangerous weapon. It carries a penalty range of imprisonment for 10-99 years at hard labor without benefit of probation, parole, or suspension of sentence.

If you would like to set up a consult to discuss your robbery or burglary charge, call us at (318) 459-9111.

Some aspects of a person may make them not criminally responsible for their behavior. Chapter I, Subpart C of Title 14 of the Louisiana Revised Statutes addresses those states that impact a person’s culpability for an offense. These may be characteristics of the person (age), mental states of the person (intoxication, insanity), a level of knowledge that the person has (mistake of fact, mistake of law), or defenses a person may be able to raise (self-defense, justification, or defense of others).

The criminal code states that the following people are exempt from criminal responsibility:

• A person under the age of 10 (La. R.S 14:13);

• A person who, because of a “mental disease or mental defect” is incapable of distinguishing right from wrong with respect to the alleged criminal conduct (La. R.S. 14:14);

• A person who is intoxicated when the intoxicated state was involuntary on the part of the offender and the intoxicated state directly caused the commission of the crime (La. R.S. 14:15);

The criminal code also establishes the following specific defenses:

• A person who is intoxicated and that intoxication has precluded the presence of specific intent or special knowledge required for a particular crime (La R.S. 14:15);

• Reasonable ignorance of a fact or a mistake of fact which precludes the presence of any mental element required in that crime (La. R.S. 14:16);

• A mistake of the law when the offender reasonably relied on an act of the legislature in repealing an existing criminal law or otherwise purporting to make the conduct lawful, or reasonably relying on a final judgment of a court making the criminal law unconstitutional (La. R.S. 14:17);

• The conduct was justified (La. R.S. 14:18) because:

  • it was “an apparently authorized and reasonable fulfillment of any duties of a public office;”

  • it was “a reasonable accomplishment of an arrest which is lawful under the Code of Criminal Procedure;”

  • the conduct is otherwise authorized by law;

  • it is reasonable discipline of a minor by her parents, teachers, or tutors;

  • when it is the result of a failure to perform a duty which is physically impossible;

  • when the crime (other than murder) is committed because of threats of death or great bodily harm and the offender reasonably believes the person making the threats has the ability to follow-through; or

  • when the crime is in defense of a person or property.

Self defense is codified in La. R.S. 14:19 and allows for the use of force under the following circumstances:

1. to prevent a forcible offense against the person or trespass against property in his lawful possession, provided that the force is reasonable and “apparently necessary” to prevent the offense; or

2. to prevent the entry by or to compel the exit of another into a “dwelling, place of business, or motor vehicle” in which the person is located at the beginning of the conflict and the person reasonably believes that the use of force is is necessary to prevent the entry or compel the exit.

This statute does not permit the use of force in either circumstance when it results in a homicide, but La. R.S. 14:20 states that a homicide is justifiable when:

• Committed by a person who reasonably believes he is in danger of losing his life or receiving great bodily harm and the killing is necessary to save himself.

• Committed by a person to prevent a violent or forcible felony that he reasonably believes involves danger of death or great bodily harm. He must also reasonably believe that his own life or safety would be at risk if he attempted to stop the felony without deadly force.

• Committed by a person to prevent unlawful force against a person lawfully in a building, business, or motor vehicle by a person he believes is in the midst of committing a burglary or robbery.

A person who is the aggressor in a conflict cannot claim self-defense unless he first withdraws from the conflict in good faith and in such a way that his opponent knows or should know that he intends to withdraw. (La. R.S. 14:21) It is also justifiable to use reasonable force or violence or to kill in defense of another under those circumstances when that person could have defended himself and when it is reasonably believed that the intervention is necessary to protect the other. (La. R.S. 14:22)

If you have questions about a potential case and would like to set up a consult, give us a call at (318) 459-9111.

Louisiana Revised Statutes Title 14, Section 29 defines homicide as “the killing of a human being by the act, procurement, or culpable omission of another,” and separates it into 5 “grades”:

• First Degree Murder (La. R.S. 14:30),

• Second Degree Murder (La. R.S. 14:30.1),

• Manslaughter (La. R.S. 14:31),

• Negligent Homicide (La. R.S. 14:32), and

• Vehicular Homicide (La. R.S. 14:32.1).

First Degree Murder is the killing of a human being when the offender has specific intent to kill and or to inflict great bodily harm:

1. “and is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape, forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to juveniles, or second degree cruelty to juveniles.”

2. on a fireman, peace officer, crime lab employee engaged in the performance of their duties or because of his status.

3. on more than one person.

4. for money.

5. on a victim who is younger than 12 or older than 65.

6. when engaged in drug distribution.

7. when engaged in “ritualistic acts.”

8. when the offender has been served with a protective order protecting the victim.

9. when the victim is a witness to a crime or a family member of a witness and the killing was done to influence or prevent his testimony or in retribution for his testimony.

10. when the victim is a taxi driver engaged in his work duties.

11. “and the offender has previously acted with a specific intent to kill or inflict great bodily harm that resulted in the killing of one or more persons.”

12. on a correctional center employee.

The penalty for first degree murder is death or life imprisonment without benefit of probation, parole, or suspension of sentence.

Second degree murder is the killing of a human being when:

1. the offender has specific intent to kill or inflict great bodily harm.

2. the offender is engaged in the perpetration or attempted perpetration of aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape, forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to juveniles, or second degree cruelty to juveniles, but has no specific intent to kill or inflict great bodily harm.

3. the offender distributes drugs and the purchaser dies as a result of consuming those drugs.

4. the offender distributes drugs and the purchaser provides them to another person who dies as a result of consuming the drugs.

The penalty for second degree murder is life imprisonment without benefit of probation, parole, or suspension of sentence.

Manslaughter is a homicide:

1. which would be a first or second degree murder except it was committed in “sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection.” But not if the offender’s blood had cooled or an average person’s blood would have cooled prior to the killing.

2. a homicide committed without specific intent to kill or inflict great bodily harm if the offender is engaged in a felony not listed in the first or second degree murder statute or when resisting arrest under circumstances that do not rise to the level of first or second degree murder.

The penalty for manslaughter is imprisonment at hard labor for not more than 40 years, unless the victim was under the age of 10 at the time of his death, in which case the penalty is imprisonment for not less than 10 years nor more than 40 years at hard labor without benefit of probation, parole, or suspension of sentence.

Negligent homicide is the killing of a human by criminal negligence or by a dog or other animal when the owner is reckless and criminally negligent in confining or restraining it. The general penalty for negligent homicide is imprisonment with or without hard labor for not more than 5 years and/or a fine of up to $5,000. If the victim was under the age of 10 at the time of his death, the penalty is imprisonment at hard labor for not less than two nor more than 5 years, without benefit of probation, parole, or suspension of sentence. If the victim was killed by a dog, the penalty shall be imprisoned with or without hard labor for not more than 5 years and/or fined up to $5,000.

Vehicular homicide is the statute which covers deaths caused by offenders who are operating a motor vehicle while under the influence of alcohol or drugs. The penalty is a fine of not less than $2,000 nor more than $15,000 and/or imprisonment with or without hard labor for not less than 5 years nor more than 30 years. At least 3 years of the term of imprisonment must be without benefit of probation, parole, or suspension of sentence. If the driver’s BAC is above .15 or he has a prior conviction for Driving While Intoxicated, then the minimum sentence is 5 years. If the accident results in the deaths of more than one person, each victim shall constitute a separate offense and the sentences must run consecutively to one another.

If you would like to set up a consult to discuss your case, give us a call at (318) 459-9111.

Louisiana’s criminal laws are contained in Title 14 of the Louisiana Revised Statutes. It is divided into multiple subparts dealing with crimes against persons, crimes against property, sex offenses, etc…

Assault is contained in Chapter 1, Part II, Subpart B. It is defined in §36 as “an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.”

Louisiana does not “grade” its offenses, but there are several types of assault of increasing levels of seriousness:

1. Simple Assault

   • This offense is a misdemeanor that criminalizes assault.

   • The penalty is a fine of up to $200 and/or imprisonment of up to 90 days.

2. Aggravated Assault

   • This offense is a misdemeanor that criminalizes an assault when the offender uses a dangerous weapon.

   • The penalty is a fine of up to $1,000 and/or imprisonment up to 6 months.

3. Aggravated Assault with a Firearm

   • This offense is a felony that criminalizes an assault committed with a firearm.

   • The penalty is a fine of up to $10,000 and/or imprisonment with or without hard labor for up to 10 years.

There are also multiple specific assault statutes if the assault is committed under certain circumstances:

• Aggravated assault on a dating partner,

• Domestic abuse aggravated assault,

• Assault by drive-by shooting,

• Aggravated assault on a peace officer,

• Aggravated assault upon a utility service employee with a firearm,

• Aggravated assault with a motor vehicle upon a peace officer,

• Assault on a school teacher,

• Assault on a child welfare worker, and

• Harassment of a school or recreation athletic contest official.

If you would like to set up a consult to discuss your battery case, give us a call at (318) 459-9111.

Louisiana’s criminal laws are contained in Title 14 of the Louisiana Revised Statutes. It is divided into multiple subparts dealing with crimes against persons, crimes against property, sex offenses, etc…

Battery is contained in Chapter 1, Part II, Subpart B. It is defined in §33 as “the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.” Battery does not require any injury to the victim. It also does not require intent to cause injury. It merely requires the intent to commit the battery, itself, with all intended and unintended consequences that follow from that.

Louisiana does not “grade” its offenses, but there are several types of battery of increasing levels of seriousness:

1. Simple Battery

   • This offense is a misdemeanor that criminalizes battery.

   • The penalty is a fine of up to $500 and/or imprisonment of up to 6 months.

2. Second Degree Battery

   • This offense is a felony that criminalizes a battery in which the offender intentionally inflicts a serious bodily injury.

   • The penalty is a fine of up to $2,000 and/or imprisonment with or without hard labor for up to 8 years.

3. Aggravated Battery

   • This offense is a felony that criminalizes a battery committed with a dangerous weapon.

   • The penalty is a fine of up to $5,000 and/or imprisonment with or without hard labor for up to 10 years.

4. Aggravated Second Degree Battery

   1. This offense is a felony that criminalizes a battery in which the offender intentionally inflicts a serious bodily injury with a dangerous weapon.

   2. The penalty is a fine of up to $10,000 and/or imprisonment with or without hard labor for not more than 15 years.

There are also multiple specific battery statutes if the battery is committed against individuals with specific jobs:

• Battery of a police officer,

• Battery of a school teacher,

• Battery of a school or recreational athletic contest official,

• Battery of a correctional center employee,

• Battery of a bus operator, and

• Battery of a child welfare or adult protective services worker.

There are also multiple specific battery statutes that criminalize battery on people of a specific status or relationship.

• Simple battery of persons with infirmities,

• Battery of a dating partner, and

• Domestic abuse battery.

If you would like to set up a consult to discuss your battery case, give us a call at (318) 459-9111.

In cases involving allegations of sexual assault, Louisiana Code of Evidence Articles 412, 412.1, and 412.2 govern what evidence may be admissible and place restrictions (with some exceptions) on what information may be presented at trial.

Opinion and reputation evidence with regard to the past sexual behavior of the victim in a sexual assault case is not admissible. There are no exceptions to this rule. (La CE Art. 412)

Evidence of specific instances of prior sexual acts may be admissible under the following circumstances:

• Evidence of the victim’s past sexual behavior with the defendant may be admissible to show consent to the conduct that led to the sexual assault allegations.

• Evidence of other sexual behavior within 72 hours prior to the alleged sexual assault may also be admissible to show that there is a source (other than the defendant) of semen or any injuries alleged to be the result of the sexual assault.

Evidence of what a victim was wearing is not admissible to show consent. (La CE Art. 412.21)

There are also some specific rules with regard to cases in which sex trafficking is alleged. In those cases, the past sexual behavior of the person alleged to have been trafficked may be admissible if presented by the State to prove a pattern of trafficking.

With regard to a defendant accused of a sexual assault, evidence of other crimes, wrongs, or bad acts may be admissible: in cases in which a victim is under the age of 17, the State may introduce evidence of other crimes, wrongs, or bad acts that tend to show “a lustful disposition towards children”. In order to introduce such evidence, the State must provide notice to the defendant and the evidence must meet the admissibility requirements of Code of Evidence Article 403.

So now that we’ve covered whether or not you can use character evidence, how exactly can it be presented?

Louisiana Code of Evidence Article 405 state that character evidence may only be introduced through testimony as to general reputation. Specific instances may not be referenced (but stay tuned for the exception to this rule). This means that a witness can only testify about the character of an individual by discussing his reputation in the community.

In order to testify as to reputation evidence, a witness must first establish that he is familiar with the individual’s reputation in the community, and then may testify solely as to that general reputation. For example, a witness may testify as to another witness’ reputation for truthfulness, but not specific acts of that witness being honest.

The exception to this rule; however, is when the character trait is an essential element of the offense. For example, in a case of defamation, the defendant’s reputation for truthfulness would be an essential element because the information used to defame the victim must be untrue. This exception is very limited, so under most circumstances, character evidence is limited to a person’s general reputation.

And although this isn't character evidence, specifically, it is sort of related: Code of Evidence Article 406 states that evidence of a “habit or routine practice” is admissible to show that a person (or business) acted in conformity therewith. For example, if a man walks a block down the street from his home every Monday morning to eat breakfast at the local Waffle House and eats the same breakfast there every time, and this information was somehow relevant to his case, that evidence would be admissible.

If you have questions about what type of evidence might be admissible at your trial, set up a consult by calling us at (318) 459-9111.