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Homicide & Violent Crimes

HOMICIDE

  1. First Degree Murder (La. R.S. 14:30)
    1. Different from second-degree murder a first-degree murder occurs when the offender has a specific intent to kill or inflict great bodily harm and when the offender is engaged in any number of specifically enumerated felonies.
    2. There are perhaps two key differences between first and second degree murder:
      1. In first degree murder the death penalty is possible
      2. In first degree murder the specific motivations/intentions or even the specific victim can enhance an otherwise second-degree murder case into first-degree murder.
    3. PENALTY: death or life in prison without parole 
  1. Second Degree Murder (La. R.S. 14:30.1)
    1. Is the killing of a human being:
      1. When the offender has a specific intent to kill or to inflict great bodily harm; or
      2. When the offender is engaged in any number of specifically enumerated felonies even though he has no intent to kill or to inflict great bodily harm.
    2. PENALTY: life in prison without parole
  • Manslaughter (La R.S. 14:31)
    1. A homicide which would otherwise be first or second degree murder but is 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, or
    2. A homicide committed, without any intent to cause death or great bodily harm.
    3. PENALTY: Not more than 40 years at hard labor.
  1. Negligent Homicide (La. R.S. 14:32)
    1. Negligent homicide is the killing of a human being either through criminal negligence or by a dog or other animal when the owner is reckless and criminally negligent in confining or restraining the dog or other animal.
    2. PENALTY: At hard labor for not more than 5 years, fined not more than 5,000 dollars or both.
  2. Vehicular Homicide (La. R.S. 14:32.1)
    1. Vehicular homicide in general is the killing of a human being caused by the offender operating a vehicle, boat, plane, etc…regardless of the intent of the offender, if the offender was under the influence of drugs or alcohol.
    2. PENALTY: shall be fined not less than two thousand dollars (2,000.00) nor more than fifteen thousand dollars (15,000.00) and shall be imprisoned with or without hard labor for not less than five years (5) nor more than thirty years (30).

NOTE: This crime can tie closely together with DWI crimes or even boating accidents. Even terrible accidents can face stiff penalties if the offender was under the influence of drugs or alcohol.

These are the some main categories of homicides that we frequently see, however please remember that this is a VERY broad overview and you should still seek legal counsel if charged with a homicide of any kind because there are many caveats, exceptions, and defenses that are available that are not discussed here.

ROBBERY

  1. Armed Robbery (La. R.S. 14:64)
    1. 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.
    2. PENALTY: Whoever commits the crime of armed robbery shall be imprisoned at hard labor for not less than ten (10) years and for not more than ninety-nine (99) years, without benefit of parole, probation, or suspension of sentence.
  2. First Degree Robbery (La. R.S. 14:64.1)
    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.
    2. PENALTY: Whoever commits the crime of first-degree robbery shall be imprisoned at hard labor for not less than three (3) years and for not more than forty (40) years, without benefit of parole, probation or suspension of imposition or execution of sentence.
  • Armed Robbery with a Firearm (La. R.S. 14:64.3)
    1. Though this is a separate statute, which creates the allusion of it being an entirely separate crime – it is not. This is really more accurately viewed as an enhancement provision.
    2. A dangerous weapon, which you have seen referred to throughout this robbery section can be anything. A regular writing pen, if used in a certain manner, can be classified as a dangerous weapon under these statutes.
    3. Therefore, when the dangerous weapon used is a firearm there is an additional five (5) years added to any sentence imposed for armed robbery or attempted armed robbery.
  1. Second Degree Robbery (La. R.S. 14:64.4)
    1. 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.
    2. PENALTY: Whoever commits the crime of second-degree robbery shall be imprisoned at hard labor for not less than three (3) years and for not more than forty years (40).
  2. Simple Robbery (La. R.S. 14:65)
    1. Simple 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, but not armed with a dangerous weapon.
    2. PENALTY: Whoever commits the crime of simple robbery shall be fined not more than three thousand dollars ($3,000.00), imprisoned with or without hard labor for not more than seven (7) years, or both.

NOTE: Throughout these statutes you will see the words “anything of value.” Many people confuse robbery and think that money must be taken in order to be guilty of robbery. This is NOT the case. Anything of value, which is incredibly broad, which if taken in a way described within these various statutes will lead to that act being defined as robbery.

These are some of the main categories of robberies that we frequently see, however please remember that this is a VERY broad overview and you should still seek legal counsel if charged with a robbery of any kind because there are many caveats, exceptions, and defenses that are available that are not discussed here.

KIDNAPPING

  1. Aggravated Kidnapping (La. R.S. 14:44)
    1. Aggravated kidnapping is the doing of any of the following, with the intent to force the victim, or any other person, to give up anything of value:
      1. The seizing and taking of a person, by force, from one place to another
      2. The enticing or persuading of any person from one place to another
  • The imprisoning of any person
  1. PENALTY: life imprisonment at hard labor without parole
  1. Second Degree Kidnapping (La. R.S. 14:44.1)
    1. Second degree kidnapping is the doing of any of the acts listed under Aggravated Kidnapping, where the victim is:
      1. Used as a shield or hostage;
      2. Used to assist in the commission of a felony or the flight after an attempt to commit or the commission of a felony;
  • Physically injured or sexually abused;
  1. Imprisoned or kidnapped for seventy-two or more hours, except as specifically discussed elsewhere;
  2. Imprisoned or kidnapped when the offender is armed with a dangerous weapon or leads the victim to reasonably believe he is armed with a dangerous weapon.
  1. PENALTY: imprisoned at hard labor for not less than five (5) nor more than forty years (40). At least two years of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence.
  • Aggravated Kidnapping of a Child (La. R.S. 14:44.2)
    1. This is the unauthorized taking, enticing, or decoying of a child under 13 years old by someone who is not a parent, grandparent, or legal guardian of child – with the intent to take that child away from their parents or legal guardian.
    2. PENALTY: Imprisoned for life at hard labor without benefit of parole
  1. Simple Kidnapping (La. R.S. 14:45)
    1. Simple kidnapping is:
      1. The intentional and forcible seizing and carrying of any person from one place to another without his consent.
      2. The intentional taking, enticing or decoying away, for an unlawful purpose, of any child not his own and under the age of fourteen years, without the consent of its parent or the person charged with its custody.
  • The intentional taking, enticing or decoying away, without the consent of the proper authority, of any person who has been lawfully committed to any institution for orphans, persons with mental illness, persons with intellectual disabilities, or other similar institution.
  1. The intentional taking, enticing or decoying away and removing from the state, by any parent of his or her child, from the custody of any person to whom custody has been awarded by any court of competent jurisdiction of any state, without the consent of the legal custodian, with intent to defeat the jurisdiction of the said court over the custody of the child.
  2. The taking, enticing or decoying away and removing from the state, by any person, other than the parent, of a child temporarily placed in his custody by any court of competent jurisdiction in the state, with intent to defeat the jurisdiction of said court over the custody of the child.
  1. PENALTY: Fined not more than $5,000.00 dollars imprisoned with or without hard labor for not more than five (5) years or both.

These are the some main categories of kidnapping that we frequently see, however please remember that this is a VERY broad overview and you should still seek legal counsel if charged with kidnapping of any kind because there are many caveats, exceptions, and defenses that are available that are not discussed here.

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