Louisiana Burglary Laws

    Overview of Louisiana Burglary Laws Burglary in Louisiana is defined as the unlawful entry into a structure with intent to commit crime inside.  Burglary frequently occurs when there are no witnesses or victims present to actually identify the perpetrator. Therefore, false accusations occur regularly.  THESE CRIMES ARE FELONIES, it is crucial that you retain an experienced lawyer to thoroughly examine your case  and determine if there are any weaknesses in the state's evidence.  As you will see below,  there are many different factors that can enhance or diminish the seriousness of the particular burglary charge.  A skilled lawyer [...]

Second Degree Rape — Louisiana Law

Second Degree Rape -- La R.S. 14:42.1 Prior to the 2015 legislative session, Second Degree Rape was referred to as Forcible rape. For all purposes, “forcible rape” and “second degree rape” mean the offense defined by the provisions of this Section and any reference to the crime of forcible rape is the same as a reference to the crime of second degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as “second degree rape”. Second Degree Rape is rape committed when the anal, oral, or [...]

Physical Castration Sex Offenders in Louisiana

Administration of Medroxyprogesterone Acetate (MPA) Sex Offenders La R.S.  --  14:43.6 Upon a first conviction of any of the following: aggravated rape, First Degree Rape as of 2015 forcible rape, Second Degree Rape as of 2015 second degree sexual battery, aggravated incest, molestation of a juvenile when the victim is under the age of thirteen, and aggravated crime against nature, 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: aggravated [...]

First Degree Rape Laws — Louisiana

First Degree Rape -- 14:42 La R.S. During the 2015 legislative session, Louisiana lawmakers changed the term for this statute from Aggravated Rape t0 First Degree Rape. For all purposes, “aggravated rape” and “first degree rape” mean the offense defined by the provisions of this Section and any reference to the crime of aggravated rape is the same as a reference to the crime of first degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as “first degree rape”. First degree rape is a rape [...]

Cyberstalking — Louisiana

Louisiana Laws: Cyberstalking -- La R.S. 14:40.3 Cyberstalking is action of any person to accomplish any of the following: * Use in electronic mail or electronic communication of any words or language threatening to inflict bodily harm to any person or to such person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.  * Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of threatening, terrifying, or harassing any person. * Electronically [...]

Criminal False Imprisonment — Louisiana

The Crime of False Imprisonment in Louisiana Under the law, there are two types of false imprisonment:  1) Civil False Imprisonment, which is known as a tort (civil wrong) and 2) Criminal False Imprisonment, a criminal offense.  Naturally, I am going to discuss the criminal offense, since this is a criminal defense attorney blog. People usually want to know if false imprisonment is a felony or a misdemeanor offense.  The answer to this questions depends on the statute under which the individual is charged and the facts surrounding the incident. Under La. R.S. 14:46, false imprisonment is defined as "the [...]

Simple Rape / Third Degree Rape– Louisiana Sex Crimes

Third Degree Rape - Louisiana Law Prior to the 2015 legilative session, Third Degree Rape was known as Simple Rape.  The statute for third degree rape can be located La. R.S. 14:42. This crime is 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: The victim is incapable of resisting or of understanding the nature of the act by reason of intoxication and the offender knew or should have known of the victim's incapacity. The [...]

By |2020-01-16T21:53:50+00:00January 16th, 2020|Categories: Crime of Violence, Crimes Defined, Criminal Statutes, Sex Crimes|Tags: , |

Federal Mail Fraud Laws

New Orleans Federal Criminal Attorney The mail and wire fraud statutes are essentially the same, except for the method associated with the offense – the mail in the case of mail fraud and wire communication in the case of wire fraud. As a consequence, the interpretation of one is ordinarily considered to apply to the other. The two terms have been used interchangeably in this article. The federal statute for mail fraud is found at 18 USC § 1342. The two elements of Mail Fraud are (1) having devised or intending to devise a scheme to defraud (or to [...]

By |2020-01-17T04:19:40+00:00January 16th, 2020|Categories: Crimes Defined, Federal Crimes|Tags: , |

Louisiana Crimes of Violence

What is a Crime of Violence in Louisiana? The law pertaining to "Crimes of violence" in Louisiana can be found under Louisiana Revised Statutes 14:2(B). An offense is considered a crime of violence when it has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. [...]

Carnal Knowledge of a Juvenile — Louisiana

Carnal Knowledge of a Juvenile Attorney New Orleans Carnal Knowledge of  Juvenile in Louisiana can be a Felony or a Misdemeanor Sex Crime.  As far as clients are concerned, the most important difference between the 2 offenses is that a conviction of Misdemeanor Carnal Knowledge of a Juvenile does not require Sex Offender Registration and is expungeable, whereas Felony Carnal Knowledge of a Juvenile requires sex offender registration and the conviction is non-expungeable, however the felony offense is probatable -- meaning the judge may suspend the sentence and order the defendant to serve a number of years of state probation in lieu of incarceration.  It is also important to note [...]

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