Baton Rouge Violent Crime Attorney
Recent studies have shown violent crime charges carry some of the most severe penalties in the Louisiana criminal justice system and in the Federal Sentencing Guidelines. Like sex offenses, crimes of violence cannot be expunged from a criminal record. It can be overwhelming to face charges for violent crimes, knowing the impact they can have on your life. It’s crucial that you secure representation from a skilled Baton Rouge violent crime lawyer.
If an individual is imprisoned for a violent crime, sentencing laws in Louisiana are harsh. While other types of crimes are eligible for sentencing credits, such as “good time” eligibility, crimes of violence are largely exempt from this reduced calculation. If you are facing a violent crime charge of any kind — whether it’s domestic violence, murder, or assault — you need aggressive, experienced representation immediately. Effective representation gives you the greatest chance of lowering the severity of your penalties or potentially avoiding conviction.
For a free and confidential consultation regarding your case, call Longman Jakuback at 225-383-3644 or complete our contact form. Our attorneys have offices in Baton Rouge and represent clients throughout Louisiana.
Find a Skilled Baton Rouge Defense Attorney
If you are arrested or charged with a violent crime, it is crucial that you find the right attorney quickly. The justice system is supposed to assume you are innocent until proven guilty, but unfortunately, many parties will assume guilt with many violent crimes.
Media, public perception, and the prosecution may assume guilt before a trial has even begun. Whether you are innocent of the crime or were charged as part of a misunderstanding, you need skilled legal representation of a Baton Rouge Violent Crime Lawyer to defend your rights and your reputation.
At Longman Jakuback, our attorneys strongly believe in fighting for the rights of those accused of criminal offenses. Violent crimes can often be charged despite mutual violence between parties or as an over exaggeration of an altercation. It is important that your side of the story is clearly represented in court and that your legal defense is the strongest it can be. Our team brings the knowledge, resources, and experience in violent crimes defense necessary to pursue a positive outcome.
If you are under investigation, have been arrested, or have been charged, you need to work with our attorneys quickly. The earlier we can begin gathering evidence in your defense, the more effective that defense is likely to be. Facing state prosecutors without skilled legal guidance after a violent crime charge can be immensely difficult. We want to help support you during this stressful time.
Penalties for Violent Crimes
Violent crime convictions can result in incarceration, significant fines, and probation. A majority of violent crimes are charged as felonies, which could mean years in prison and higher fines. In addition to fines, you’ll have to pay other court costs, and you may be required to pay restitution to the victims. In other cases, the victims will file a civil claim, and you will be required to pay them damages.
Felony convictions can also result in the temporary loss of certain civil rights. Conviction of a violent crime also results in a criminal record that cannot be expunged, meaning it can affect the rest of your life, limiting educational, career, and housing opportunities.
Violent Criminal Offenses in Baton Rouge
If you or a loved one have been charged with a violent offense in Baton Rouge, you need a dedicated attorney. Some common violent crimes include:
Aggravated Burglary
Burglary is charged when a person enters a dwelling or structure with the intent to commit a felony or a theft. It becomes aggravated burglary when the dwelling is inhabited, a person is present, and any of the following occurs:
- The person is armed with a dangerous weapon or arms themselves after entering
- The person commits battery on any person before, during, or after the burglary
Conviction for aggravated burglary results in between one and 30 years in prison.
Robbery
Robbery is the crime of taking valuable property from another person through intimidation or the crime of taking something of value from a retail location with three or more people. There are three robbery charges that are considered violent crimes:
- Second-degree robbery: The offender intentionally causes serious bodily harm. Conviction results in three to 40 years in prison.
- First-degree robbery: The offender causes the victim to reasonably believe they are armed with a dangerous weapon. Conviction results in three to 40 years without parole or probation.
- Armed robbery: The offender is armed with a dangerous weapon, and conviction is 10 to 99 years without parole or probation. If this weapon is a firearm, five years in prison are added to the sentence.
Aggravated Assault
Assault is defined as attempted battery or intentionally putting another person in fear of battery. It becomes aggravated with the use of a dangerous weapon. Aggravated assault is charged as a misdemeanor. More severe penalties may be assigned if the assault is against a dating partner, against a police officer, uses a firearm, or is a drive-by shooting assault.
Aggravated Battery
Battery is defined as the intentional use of force or violence on another person. It becomes aggravated when committed with a dangerous weapon. Conviction results in up to 10 years in prison and up to $5,000 in fines.
Domestic Violence
Domestic violence laws in Louisiana include domestic abuse battery. It occurs when the offender commits intentional force or violence against a member of their household as a relative or partner or against a family member.
Rape
Rape, or sexual assault, is a violent crime in three degrees:
- Third-degree rape occurs when the victim is mentally incapable, intoxicated, or believes the offender is someone else known to them.
- Second-degree rape occurs when sexual assault is committed with threats of force or committed due to the use of date rape drugs administered by the offender without the victim’s knowledge.
- First-degree rape occurs to a victim 65 years of age or older or is committed against a victim in specific circumstances. This includes sexual assault with the use of force, with the presence of a dangerous weapon, where the victim is under 13, or where there are two or more offenders present.
Negligent Homicide
Negligent homicide is the crime of either:
- Killing another person due to criminal negligence.
- Killing another person by a dog or animal because of the owner’s reckless and criminal negligence while confining or restraining the animal. This does not apply to dogs employed by law enforcement agencies, dogs acting as a service or guide dog to a person with a physical disability, and dogs attacking a person unlawfully entering a location.
Vehicular Homicide
Vehicular homicide is the crime of killing another person while operating a motor vehicle and being under the influence of drugs or alcohol.
Manslaughter
Manslaughter is a type of homicide, but it does not have malice aforethought like murder and is instead committed in sudden passion or heat of the moment after provocation. Manslaughter is also the commission of a homicide without intending to cause death or severe bodily harm.
Murder
Murder is a form of homicide that requires malice aforethought. A second-degree murder conviction results in life imprisonment without parole or probation. The prosecutor for first-degree murder can decide to seek or not seek a capital verdict. Both could result in life imprisonment, and a capital verdict could result in the death penalty.
Unreliable Forensic Evidence And How We Can Help
Eyewitness identification, D.N.A. evidence, ballistics, and fingerprint evidence are — contrary to what you see on television — often unreliable and must be attacked aggressively and quickly. Recent studies have shown time and again that forensic evidence was developed specifically for use by law enforcement and did not arise out of the scientific community in an attempt to determine truth. This makes the results of forensic investigations inherently suspect.
Police investigations into violent crimes are not always as clear-cut as they appear. Often, authorities scramble to “close” these types of cases as fast as possible by arresting the first suspect they develop through investigation. This leads to false accusations, baseless arrests and, in the worst of cases, convictions of the innocent. Without a proper defense investigation, whereby a legal team uses evidence that they have obtained and the authorities have overlooked, a jury will rely entirely on what the police say happened.
At Longman Jakuback, we do our own defense investigation in every case, regardless of what the authorities think may have occurred. Our attorneys and staff have years of experience as both lawyers and investigators in violent crime cases. Contact us today to speak to a Baton Rouge Violent Crime Lawyer and set up a free consultation.
FAQs:
Baton Rouge ranks second in crime out of high-population cities in the state of Louisiana, according to FBI data collected in 2019. During that year, the city saw 2,066 instances of violent crime, while New Orleans saw 4,516. Some cities saw zero violent offenses, including Blanchard, Epps, Georgetown, and Ida. In 2019, 70 instances of murder or nonnegligent manslaughter were committed in Baton Rouge.
Baton Rouge had one of the highest crime rates in the country based on information collected in 2021, with violent crime and property crime rates much higher than the national median. It is considered a high-crime city, although many cities are considered more dangerous due to a variety of factors. New Orleans, which has a higher population, also has higher crime rates.
Baton Rouge had a violent crime rate of 9.36 per 1,000 residents based on FBI data from 2019, with 2,066 reported violent crimes committed. This is less than New Orleans’ rate of 11.45 per 1,000 residents and more than the violent crime rate in Shreveport of 7.8 per 1,000.
The reported crimes in Baton Rouge that year included 70 reported cases of murder and nonnegligent manslaughter, 52 reported rape cases, 645 reported robberies, and 1,299 reported aggravated assaults.
Felony assault results in up to ten years in prison in Louisiana, with or without hard labor. There are two crimes that result in felony assault charges:
- Assault by drive-by shooting, which has a minimum sentence of three years in prison. A drive-by shooting using a firearm in the assault from a motor vehicle.
- Aggravated assault to a peace officer, which has a minimum sentence of one year. This crime is the assault of an officer acting within the scope of their duties.
Aggravated assault is not a felony but is charged as a misdemeanor.
Request Your Free Consultation With Longman Jakuback
The attorneys at Longman Jakuback have worked in criminal defense for many years and are proud to fight for the rights of those who are accused. We advocate for those who are being prosecuted, as well as for those who have been wrongfully convicted and are trying to appeal their case.
We know that the situation you have found yourself in can be immensely stressful, and we want to provide you with the legal support you need. Our talented lawyers can help you understand the charges you face and your options for mitigating your penalties.
Longman Jakuback is dedicated to representing you and your side of the case. Call us in Baton Rouge at 225-383-3644 or complete our contact form. Longman Jakuback fights to protect the rights and freedom of the accused throughout Louisiana.