Explanation of Rape Laws in Louisiana

In 2015, Louisiana lawmakers changed the name of Aggravated Rape, Forcible Rape and Simple Rape to First Degree Rape, Second Degree Rape and Third Degree Rape, respectively. The terms are interchangeably used herein.  First Degree Rape -- 14:42 La R.S. First Degree Rape is a rape committed upon a person 65 years old or older or under the age of 13 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 [...]

Resisting A Police Officer — Louisiana

Louisiana Law Resisting an Officer -- La R.S. 14:108 Under Louisiana Law, Resisting an officer is the intentional interference with, opposition or resistance to, or obstruction of an individual acting in his official capacity and authorized by law to make a lawful arrest, lawful detention, or seizure of property or to serve any lawful process or court order when the offender knows or has reason to know that the person arresting, detaining, seizing property, or serving process is acting in his official capacity. Definitions: "Obstruction of" as used herein shall, in addition to its common meaning, signification, and connotation [...]

Second Degree Cruelty to Juvenile — Louisiana

Second Degree Cruelty to Juveniles Defense Attorney Second Degree Cruelty to juveniles is a very serious charge. A parent who has been charged with this offense is facing the risk of losing parent rights and going to prison. What is Second Degree Cruelty to Juveniles? Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of seventeen to any child under the age of seventeen which causes serious bodily injury or neurological impairment to that child. "Serious bodily injury" means bodily injury involving protracted and obvious disfigurement or protracted loss [...]

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 is necessary [...]

What to do after a DWI arrest in Louisiana

What to do after a DWI arrest in Louisiana 1. Remember That Drunk Driving Is A Criminal Offense Some people believe that a drunk driving arrest is not really any different than a traffic citation. That is simply not the case. Most traffic offenses are civil infractions, which carry no significant penalty other than a fine and a possible driver's license suspension. A conviction for a drunk driving offense will result in a criminal record, and can potentially result in significant fines and a jail sentence or term of probation.  A DWI conviction remains on your driving record for [...]

Second Degree Rape / Forcible 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 [...]

First Degree Rape / Aggravated 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 [...]

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. [...]

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