Criminal defense lawyers in the United States, like in the state of Louisiana, deal with the issues surrounding an arrest, a criminal investigation, criminal charges, sentencing, appeals, and post-trial matters. An attorney may specialize in a particular area of criminal defense, such as drug defense or DUI defense. They could also work for local or state federal governments and private law firms.

Louisiana criminal defense is something that is not to be taken lightly. You need to do your own research as to which criminal defense attorney in Louisiana would be the best fit for you once you have been made the subject of an investigation for a crime or have already been arrested.

A felony is any crime that, if convicted, can result in the offender being sentenced to imprisonment with hard labor. In some cases, even death. If the future of your freedom hangs in the balance, you should seek legal counsel without delay. Even if you are facing the most serious felony charges, the law office of David E. Stanley, APLC has vast experience in Louisiana criminal defense needed to defend and protect your rights.

Because of the severe consequences of a conviction, you should take whatever precautions to protect yourself. A skilled attorney in Louisiana criminal defense, David E. Stanley can assist in a variety of ways, including de-escalating the situation. He will stand by your side and explain everything that is going on and the steps you can take to reduce the charges. He will always guide and support you so that you understand what is happening. This enables you to work from a position of power and understanding rather than confusion and fear.

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An Overview of Louisiana Criminal Law

The laws in each state are complex. As a result, it is frequently complicated to understand the criminal charges and penalties of an offense. However, even though Louisiana’s criminal laws make it easier to identify crimes and their associated punishments, every criminal investigation and prosecution is unique. Therefore, even if you believe you have a good understanding of the laws that pertain to your case, you may be oblivious to specific details that could have an impact on your defense.

Louisiana Crime Classifications

Every state has a system for categorizing crimes and statutory punishments for each classification. For example, in Louisiana, there are two types of criminal offenses: felonies and misdemeanors.

Felonies are the most serious criminal offenses and are punishable by fines of more than $1,000 and more than one year in state prison. Misdemeanors are all other types of criminal offenses that are not felonies. However, misdemeanors are punishable by fines of up to $1,000. There can also be imprisonment in local or county jails for one year or less.

Louisiana criminal defense has no degrees or classes of felonies or misdemeanors. In the Louisiana Revised Statutes, Title 14, each violation has its disadvantages.

An offense is either a misdemeanor or a felony, not a second-degree felony or a Class B misdemeanor. As a result, there are no standard sentences or penalties for groups of offenses.

The Four Main Categories of Criminal Defense

A jury or judge must determine guilt beyond a reasonable doubt to find a defendant “guilty” of a crime in a criminal court. That is why criminal defense attorneys employ various criminal defense strategies to raise reasonable doubt in the minds of their clients.

When it comes to criminal cases, criminal attorneys typically employ four major criminal defense strategies: innocence, constitutional violations, self-defense, and insanity are all excellent defenses. Each of these strategies is useful in different situations. Choosing the best method for a case depends not only on the case itself but also on the criminal lawyer’s experience and prowess. Read below for the four common types of criminal defenses.

  1. Innocence
  2. Even though pleading innocent appears to be the simplest of defenses, you and your attorney must do much more than taking the witness stand and saying you did not do it. To successfully close the case, a criminal attorney must still spend a significant amount of time developing a defense strategy based on the claim of innocence.

    Your attorney should look for specialists and witnesses to testify and assist in discovering potential evidence indicating that you were incapable of committing the crime. Sometimes the defense is based on evidence that clearly shows that another party committed a crime, while other times, vital alibi witnesses are all that is required.

    The prosecution’s job remains the same: to prove you’re guilty beyond a reasonable doubt. That, however, is not your concern. Instead, you and your attorney should concentrate on presenting as much evidence as possible. This should be backed up by many witnesses and specialists to prove your innocence.

  3. Violations of the Constitution
  4. Whether you have committed a crime or not, you have the right to certain protections under the United States Constitution. Unfortunately, constitutional violations are common in criminal trials, particularly regarding the treatment of defendants, the circumstances of their arrest, and how evidence was gathered.

    A clear violation of the Constitution can often result in the charges being dropped entirely or the prosecution agreeing to a specific plea bargain for a less severe charge. Experienced criminal lawyers will immediately look for constitutional violations as they prepare an effective, powerful defense. Here are a few examples of common constitutional violations:

  • During the arrest, the defendant was not read the Miranda warning.
  • Illegally searching for and seizing evidence from the defendant’s home or vehicle.
  • Failure to obtain a warrant
  • Obtaining a Forced Confession
  • Breaking the chain of custody of the evidence collected
3. Self-Defense

Self-defense is a type of criminal defense that is commonly used in cases of battery or assault. However, it can also be used in murder cases. The defendant claims they injured or killed the victim to protect their own life from the victim’s violent threats.

Although the movies portray self-defense as a straightforward criminal defense, successfully claiming self-defense is far more complex. The defense must establish the existence of a tremendous danger or risk that justifies the defendant’s use of excessive or lethal force.

Self-defense also applies when the defendant is protecting his loved ones. Likewise, when the defendant is protecting a stranger from being harmed by the victim. The self-defense category necessitates thorough and detailed preparation by your attorney and a solid foundation for such a claim.

4. Insanity

Pleading insanity while committing a crime is only effective in a few cases, and these are affirmative defenses, implying that the defendant admitted to the crime but under extenuating circumstances.

The criminal defense lawyer must prove beyond a reasonable doubt that the defendant committed the crime due to their mental illness when claiming insanity at the time of the crime. However straightforward as this may seem, proving insanity is extremely difficult.

Proven Louisiana Criminal Defense Against a Wide Range of Charges

Here are the following charges a defendant may face:

Possession: The offender has a controlled substance on their person, home, or vehicle.
Intentional possession: The offender possesses a controlled substance intending to sell or redistribute it.
Trafficking and distribution: According to the evidence, the offender is illegally importing, selling, and transporting a controlled substance.
Cultivation and manufacturing: Evidence suggests that the offender is involved in cultivating or manufacturing a controlled substance.
Drug paraphernalia: The offender owns, imports, exports, or sells items used in drug use or drug-related activities.

The penalties for a conviction in Louisiana could be severe depending on the type of drug, the amount and purity in question, and whether or not you have a prior criminal record. The courts could impose a hefty fine, decades in prison, or both. In addition, they have the authority to seize cash, vehicles, and other personal property. With such serious consequences at stake, retaining legal counsel from David E. Stanley APLC is critical.

Protecting Your Legal Rights in Court

Regarding a drug test, our federal and state constitutions give you the necessary rights. David E. Stanley knows how to protect and assert your legal rights in court. He will file pretrial motions to quash the charges, suppress the evidence seized by police, and examine and cross-examine witnesses to disprove the allegations against you, as appropriate.

David E. Stanley will fight to prevent the admission of damaging evidence and testimony due to his understanding of the criminal procedure and evidence in both federal and state courts. If a complete acquittal is impossible, he will negotiate a lesser charge or a reduced sentence with the prosecuting attorneys.

Get The Aggressive Edge With David E. Stanley

An arrest in Louisiana criminal defense can cost you more than your money and freedom. A conviction can follow you throughout your life. David Stanley is an aggressive lawyer who will act quickly in your best interests to avoid or mitigate the consequences of adverse outcomes. He will work to have charges reduced or dismissed whenever possible, so there is no prison time.

Frequently Asked Questions

  • What Are Some Felony Criminal Charges Examples?

Felony charges can be levied for a wide range of crimes involving bodily harm or property damage, including:

    • Possession with intent to distribute, trafficking, and manufacturing are examples of drug crimes.
    • Rape, sexual battery, child pornography, and human trafficking are all sex crimes.
    • Property crimes include arson, fraud, and burglary as examples of felony property crimes.
    • Murder, kidnapping, and aggravated assault with a firearm are examples of violent crimes.

  • What Makes the Insanity Defense Difficult to Establish?

To successfully assert the insanity defense, the criminal defense attorney must demonstrate that the defendant could not distinguish between right and wrong while committing the crime. Furthermore, by employing this defense strategy, the defendant admits guilt. That is why using this criminal defense category is challenging and dangerous.

  • What To Do If Arrested For A Felony?

Without a lawyer present, you risk inadvertently jeopardizing your defense by making self-incriminating statements. Therefore, you must exercise your right to remain silent and retain the services of an experienced criminal defense attorney. It would be good to get a consultation with David E. Stanley immediately.

Dedicated Representation With A Reputable Louisiana Criminal Defense Lawyer

If your freedom is at stake, you should seek legal counsel as soon as possible, even if facing the most serious felony charges. The law office of David E. Stanley APLC has vast experience in Louisiana criminal defense required to defend and protect your rights. For a strong advocate who can confidently handle your case, reach out to attorney David E. Stanley today.

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From David E. Stanley Today! Call 225-399-0709 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802