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 [...]

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 — 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 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. [...]

Louisiana Criminal Statutes of Limitations

Louisiana Criminal Procedure: Statute of Limitations Statutes of limitations are designed to prevent dishonest and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses.  These statutes apply to both civil and criminal actions.  In Louisiana, we also refer to the Statute of Limitation as "the prescriptive period." A majority of states have a statute of limitations for all crimes except murder.  Criminal statutes of limitations apply to different crimes on the basis of their general classification as either [...]

Frequently Asked Questions About Police Interrogations

Frequently Asked Questions About Police Interrogations Do I have to answer questions if the police stop me while I am walking on the street? The police can stop a person when they have good faith belief that the person was involved in a crime – this is often referred to as a “Terry Stop.”  However, under the Fifth Amendment right against self-incrimination, a person does not have to answer any questions.  In fact, a person should not answer any questions during a “Terry Stop.”  The law only requires a person to give his name, date of birth, address and [...]

Intentional Exposure to AIDS Virus — Louisiana

Intentional Exposure to HIV/AIDS Law - New Orleans Attorney In 1987, the Louisiana Legislature passed a bill creating the criminal offense of Intentional Exposure to the Aids Virus also referred to La.R.S. 14:43.5.  Under this law, it is a felony to expose someone to HIV without his or her consent. Statute No person shall intentionally expose another to the human immunodeficiency virus (HIV) through sexual contact without the knowing and lawful consent of the victim, if at the time of the exposure the infected person knew he was HIV positive. No person shall intentionally expose another to HIV through any [...]

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