Crime of Violence

Second Degree Cruelty to Juvenile — Louisiana

New Orleans Criminal Defense Attorney

 

Elizabeth B. Carpenter — Criminal Attorney Contact 

 

Second Degree Cruelty to Juveniles — La RS 14:93.2.3

Second Degree Cruelty to juveniles is:

A.(1)  Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of 17 to any child under the age of 17 which causes serious bodily injury or neurological impairment to that child.

(2)  For purposes of this Section, “serious bodily injury” means bodily injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or substantial risk of death.

B.  The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be intentional or criminally negligent mistreatment or neglect and shall be an affirmative defense to a prosecution under this Section.

Penalties

Whoever commits the crime of second degree cruelty to juveniles shall be imprisoned at hard labor for not more than 40 years.

This offense is considered a Crime of Violence, therefore it is not expungeable.  However, it is a crime for which jail time is not mandatory — one may receive probation only.

 

Crimes of Violence Against a Victim Sixty-Five Years of Age or Older — Louisiana Law

Criminal Defense Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. — Attorney New Orleans

 

Perpetration of certain crimes of violence against a victim sixty-five years of age or older — La RS 14:50.2

The court in its discretion may sentence, in addition to any other penalty provided by law, any person who is convicted of a crime of violence or of an attempt to commit any of the crime of violence with the exception of first degree murder, second degree murder, aggravated assault, aggravated rape and aggravated kidnapping, to an additional three years’ imprisonment when the victim of such crime is 65 years of age or older at the time the crime is committed.

 

Contact Elizabeth B Carpenter, attorney New Orleans, to schedule a consultation today!

Medroxyprogesterone Acetate (MPA) / Physical Castration Sex Offenders — Louisiana

Criminal Defense Attorney New Orleans — Sex Offenses New Orleans

Elizabeth B. Carpenter, Esq. — Sex Crimes Defense Attorney Louisiana 

 

Administration of Medroxyprogesterone Acetate (MPA)

Sex Offenders La R.S.  –  14:43.6

Upon a first conviction of any of the following:

The court may sentence the offender to be treated with medroxyprogesterone acetate (MPA), according to a schedule of administration monitored by the Department of Public Safety and Corrections.

Upon a second or subsequent conviction of any of the following:

The court shall sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.

Click here for an overview of Rape in Louisiana.

 

Guidelines and Rules

  • If the court sentences a defendant to be treated with medroxyprogesterone acetate (MPA), this treatment may not be imposed in lieu of, or reduce, any other penalty prescribed by law.

 

  • In lieu of treatment with medroxyprogesterone acetate (MPA), the court may order the defendant to undergo physical castration provided the defendant file a written motion with the court stating that he intelligently and knowingly, gives his voluntary consent to physical castration as an alternative to the treatment.

 

  • An order sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall be contingent upon a determination by a court appointed medical expert, that the defendant is an appropriate candidate for treatment.  This determination shall be made not later than sixty days from the imposition of sentence.

 

  • An order sentencing a defendant to medroxyprogesterone acetate (MPA) treatment shall specify the duration of treatment for a specific term of years, or in the discretion of the court, up to the life of the defendant.

 

  • In all cases involving defendants sentenced to a period of incarceration or confinement in an institution, the administration of treatment with medroxyprogesterone acetate (MPA) shall commence not later than one week prior to the defendant’s release from prison or such institution.

 

  • If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) fails to appear as required by the Department of Public Safety and Corrections for purposes of administering the medroxyprogesterone acetate (MPA) or who refuses to allow the administration of medroxyprogesterone acetate (MPA), then the defendant shall be charged with a violation and may be imprisoned, with or without hard labor, for 3 to 5 years without benefit of probation, parole, or suspension of sentence.

 

  • If a defendant whom the court has sentenced to be treated with medroxyprogesterone acetate (MPA) or ordered to undergo physical castration takes any drug or other substance to reverse the effects of the treatment, he shall be held in contempt of court.

If you or a loved one is facing a Sex Offense charge, it is imperative that you have a knowledgeable, experienced attorney. Contact the Law Office of Elizabeth B. Carpenter, Esq., for a consultation. Let’s begin working on your case today.

Mingling Harmful Substances — Louisiana

New Orleans Criminal Defense Attorney

 

Elizabeth B. Carpenter, Esq. — Serving Orleans, Jefferson, St. Bernard, St. Tammany, St. Charles, St. John and Plaquemines Parishes

 

Mingling Harmful Substances — La R.S. 14:38.1

Mingling harmful substances is the intentional mingling of any harmful substance or matter with any food, drink or medicine with intent that the mixture will be taken by any human being to his injury.

Whoever commits the crime of mingling harmful substances shall be imprisoned, with or without hard labor, for not more than 2 years or fined not more than $1,000, or both.  

Mingling of harmful substances is a Crime of Violence under La Revised Statutes.

 

Second Degree Robbery — Louisiana Law

 

 

New Orleans Robbery Defense Attorney

 

  Second Degree Robbery — La R.S. 14:64.4

 

Second degree robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another when the offender intentionally inflicts serious bodily injury.

Whoever commits the crime of second degree robbery shall be imprisoned at hard labor for 3 to 40 years.

 

Second Degree Robbery is a Crime of Violence under La Revised Statutes.

 

Carjacking Laws — Louisiana

 

 

 Carjacking — 14:64.2

 

 Carjacking is the intentional taking of a motor vehicle belonging to another person, in the presence of that person, or in the presence of a passenger, or any other person in lawful possession of the motor vehicle, by the use of force or intimidation.

Whoever commits the crime of carjacking shall be imprisoned at hard labor for 2 to 20 years, without benefit of parole, probation, or suspension of sentence.  

Carjacking is a Crime of Violence under La Revised Statutes — 85% of any prison sentence must be served.

 

First Degree Robbery — Louisiana

 

New Orleans Robbery Defense Attorney

 

  First Degree Robbery — La R.S. 14:64.1

First Degree Robbery is the taking of anything of value belonging to another from the person of another, or that is in the immediate control of another, by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon.  

Whoever commits the crime of first degree robbery shall be imprisoned at hard labor for 3 to 40 years, without benefit of parole, probation or suspension of imposition or execution of sentence. 

First Degree Robbery is a Crime of Violence under La Revised Statutes.

 

If you or a loved on is facing First Degree Robbery charges, you need an experienced hard-working attorney.  

 

Armed Robbery / Attempted Armed Robbery / Firearm — Louisiana

 

New Orleans Armed Robbery Defense Attorney

 

Armed Robbery in Louisiana — La R.S. 14:64

Armed Robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.

Whoever commits the crime of armed robbery shall be imprisoned at hard labor for 10 – 99 years, without benefit of parole, probation, or suspension of sentence.

 

  Armed Robbery with a Firearm  – 14:64.3

When the dangerous weapon used in the commission of the crime of armed robbery is a firearm, the offender shall be imprisoned at hard labor for an additional period of 5 years without benefit of parole, probation, or suspension of sentence.  The additional penalty imposed pursuant to this Subsection shall be served consecutively to the sentence imposed above.

When the dangerous weapon used in the commission of the crime of Attempted Armed Robbery is a firearm, the offender shall be imprisoned  at hard labor for an additional period of 5 years without benefit of parole, probation, or suspension of sentence.  The additional penalty imposed pursuant to this Subsection shall be served consecutively to the sentence imposed above.

 

Armed Robbery is a Crime of Violence under La Revised Statutes.

 

Rape Laws — Louisiana

Sex Crime Defense Attorney Louisiana

 

If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Contact Elizabeth B. Carpenter, Esq. for a consultation.  Your freedom is important to us!

 

 Aggravated rape — 14:42 La R.S.

Aggravated rape is a rape committed upon a person 65 years old or older or where sexual intercourse is without lawful consent of the victim because it is committed under any one or more of the following circumstances:

 

(1)  When the victim resists the act, but whose resistance is overcome by force.

(2)  When the victim is prevented from resisting the act by threats of great and immediate bodily harm.

(3)  When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon.

(4)  When the victim is under the age of thirteen years.  Lack of knowledge of the victim’s age shall not be a defense.

(5)  When two or more offenders participated in the act.

(6)  When the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance.

 

Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

 

However, if the victim was under the age of thirteen years:   Capital Punishment

 

The district attorney may seek capital punishment, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury.  The provisions of C.Cr.P. Art. 782 relative to cases in which punishment may be capital shall apply.

If the district attorney does not seek a capital verdict, the offender shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. The provisions of C.Cr.P. Art. 782 relative to cases in which punishment is necessarily confinement at hard labor shall apply.

 

Forcible rape — La R.S. 14:42.1

Forcible rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:

(1)  When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.

(2)  When the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.

Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than 5 to 40 years.  At least 2 years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

Anyone convicted of Forcible Rape must Register as a Sex Offender with the state for Life, to be conducted quarterly.

 

SIMPLE RAPE  —  La R.S.  14:43

A.  Simple rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim  because it is committed under any one or more of the following circumstances:

(1)  When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim’s incapacity.

(2)  When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim’s incapacity.

(3)  When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

B.  Whoever commits the crime of simple rape shall be imprisoned, with or without hard labor for not more than 25 yrs, without benefit of parole, probation, or suspension of sentence.

 

SEXUAL BATTERY — La R.S. 14:43.1

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, when any of the following occur:

  • The offender acts without the consent of the victim.
  • The act is consensual but the other person, who is not the spouse of the offender, has not yet attained 15 years of age and is at least three years younger than the offender.

**The offender is seventeen years old or older and any of the following exist:

  • The act is without consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:
  •  The victim is physically incapable of preventing the act due to a physical disability.
  • The victim is incapable of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.
  • The act is without consent of the victim, and the victim is 65 years old or older.

 

Lack of knowledge of the victim’s age shall not be a defense. However, normal medical treatment or normal sanitary care shall not be construed as an offense under the provisions of this Section.

Whoever commits the crime of sexual battery shall be punished by imprisonment for not more than 10 years with or without hard labor, without benefit of parole, probation, or suspension of sentence..

Whoever commits the crime of sexual battery on a victim under the age of 13 when the offender is 17 years old or older shall be punished by imprisonment at hard labor for 25 to 99 years. At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

**Whoever commits the crime of sexual battery on a victim who is 65 years old or older or who has was physically or mentally impaired at the time of the incident shall be imprisoned at hard labor for 25-99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

Upon completion of the term of imprisonment, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

 

Second Degree Sexual Battery  –  La. R.S. 14:43.2

Second degree sexual battery is the intentional engaging in any of the following acts with another person when the offender intentionally inflicts serious bodily injury on the victim:

(1)  The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or

(2)  The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

Whoever commits the crime of second degree sexual battery shall be punished by imprisonment for not more than 15 years, with or without hard labor, without benefit of parole, probation, or suspension of sentence.

 

Whoever commits the crime of second degree sexual battery on a victim under the age of 13 when the offender is 17 years old or older shall be punished by imprisonment at hard labor for not less than 25 – 99 years.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

 

Any person who is 17 years old or older who commits the crime of second degree sexual battery shall be punished by imprisonment at hard labor for 25 – 99 years, at least 25 years of the sentence imposed being served without benefit of parole, probation, or suspension of sentence, when any of the following conditions exist:

(a)  The victim is  physically incapable of preventing the act due to a physical disability.

(b)  The victim is incapable of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.

(c)  The victim is 65 years of age or older.

 

 Upon completion of the term of imprisonment imposed the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

 

Oral sexual battery — La R.S. 14:43.3

Oral sexual battery is the intentional touching of the anus or genitals of the victim by the offender using the mouth or tongue of the offender, or the touching of the anus or genitals of the offender by the victim using the mouth or tongue of the victim, when any of the following occur:

  • The victim, who is not the spouse of the offender, is under the age of 15 and is at least 3 years younger than the offender.

 

  • The offender is 17 years of age or older and any of the following exist:

 

The act is without the consent of the victim, and the victim is prevented from resisting the act because either of the following conditions exist:

 

The victim is otherwise physically incapable of preventing the act due to a physical disability.

 

The victim is mentally incapable of understanding the act and the offender knew or should have known of the victim’s incapacity.

 

  • The act is without the consent of the victim, and the victim is 65 years of age or older.

 Lack of knowledge of the victim’s age shall not be a defense.

 

* Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor.  At least 10 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

 

* Whoever commits the crime of oral sexual battery on a victim under the age of 13 when the offender is 17 of age or older shall be punished by imprisonment at hard labor for 25 to 99.  At least 25 years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

 

* Whoever commits the crime of oral sexual battery on a victim who is physically or mentally disabled or 65 years old or older shall be imprisoned at hard labor 25 – 99 years.  At least 25 years of the sentence imposed shall be served without parole, probation, or suspension of sentence.

Upon completion of the term of imprisonment, the offender shall be monitored by the Department of Public Safety and Corrections through the use of electronic monitoring equipment for the remainder of his natural life.

 

Forcible Rape — Louisiana Law

New Orleans Forcible Rape Defense Attorney

 

Elizabeth B Carpenter  helps many people accused of Sex Offenses including Rape.  We are dedicated to the defense of those accused of Sex Crimes. Your freedom is important to us!

 

Forcible rape — La R.S. 14:42.1

 

Forcible rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:

(1)  When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.

(2)  When the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.

Whoever commits the crime of forcible rape shall be imprisoned at hard labor for not less than 5 nor more than 40 years.  At least 2 years of the sentence imposed shall be without benefit of probation, parole, or suspension of sentence.

The court may sentence the offender to be treated with medroxyprogesterone acetate (MPA) according to a schedule of administration monitored by the Department of Public Safety and Corrections.  SEE Medroxyprogesterone Acetate (MPA) / Physical Castration Sex Offenders

 

Overview of Rape in Louisiana.

 

Anyone convicted of Forcible Rape must Register as a Sex Offender with the state for Life, to be conducted quarterly.

 

Forcible Rape is a Crime of Violence under the Louisiana Code.