Louisiana sentencing laws
Louisiana
sentencing laws
Repeat offenders
For a
defendant convicted of a third felony, judges will now have the
authority to suspend or shorten sentences that are
prescribed in the law. Judges previously were not allowed to shorten these
sentences. The change will not apply in the case of violent crimes such
as murder or kidnapping, certain types of fraud and child pornography.
First-time violent criminals
Judges
will now be allowed to suspend or shorten sentences for people who are
convicted for the first time of a violent crime that carries 10 years or less
in prison. This will not apply to some child pornography crimes or domestic
abuse crimes. And it does not affect sentencing for crimes punishable by more
than 10 years in prison: murder, kidnapping and armed robbery, for example.
Chronic drunk drivers
If
the district attorney agrees, a person convicted for the fourth time
of driving while intoxicated may be sentenced to drug and alcohol treatment
instead of prison. This option would be open only to people who
were not offered treatment as an alternative in their previous DWI cases.
Multiple-felony offenders
If
the district attorney agrees, people with three or four felony
convictions may be sentenced to mental health treatment, substance abuse
treatment or another alternative such as drug court, instead of prison. They
could, however, be kept on probation for eight years -- longer than
usual.
Mandatory minimums curtailed
mandatory
minimum prison terms will be eliminated for several crimes such as
- arson,
- communicating false information
about arson,
- home invasion,
- theft and possession of two
grams or less of many illegal drugs.
- no mandatory prison for a third
felony prostitution conviction.
In some cases, a minimum sentence will still be imposed, but
the convict would be newly eligible for parole.
Maximums lowered
The
maximum prison sentence has been lowered for several non-violent
offenses, including
- stealing from a retail
business,
- money laundering,
- being a felon with a gun
and
- using a car without the owner's
permission.
- Also lowered is the maximum
sentence for possession of marijuana, cocaine and a number of other
drugs.
Opioids targeted
there
is a new mandatory minimum, one year, for illegally possessing
several prescription medications, especially opioids.
Misdemeanor/felony threshold
The
threshold between a misdemeanor and a felony will rise to $1,000 for some
crimes: theft, criminal damage to property and issuing a worthless check.
These are only some of
the Louisiana criminal charges and laws in Louisiana. The criminal laws below
are updated to 2018-2019. Consult with a Louisiana criminal defense attorney at
(225) 964-6720 for more help.
§ La RS 14:40.5 Public display of a noose on property of
another or public place; intent to intimidate
Louisiana RS 14:30. First-degree
murder
First-degree murder
A. First degree murder is the killing
of a human being:
(1) When the offender has specific intent to kill and is
engaged in the perpetration of
a. kidnapping,
b. second degree kidnapping,
c. escape,
d. arson,
e. first degree rape,
f.
forcible or second
degree rape,
g. burglary,
h. armed robbery,
i.
assault by drive-by
shooting,
j.
first degree robbery,
k. second degree robbery,
l.
simple robbery,
m. terrorism,
n. cruelty to juveniles, or
o. Second-degree cruelty to juveniles.
(2) When the offender has a specific intent
to kill
a. a fireman,
b. peace officer, or
c. civilian employee of the Louisiana State Police
Crime Laboratory or
d. any other forensic laboratory engaged in the
performance of his lawful duties, or
e. When the specific intent to kill is directly
related to the victim's status as a firefighter, peace officer, or civilian employee.
f.
the
term "peace officer" includes any constable, marshal, deputy marshal, sheriff, deputy sheriff,
local or state policeman, commissioned wildlife enforcement agent, federal law
enforcement officer, jail or prison guard, parole officer, probation officer,
judge, attorney general, assistant attorney general, attorney general's
investigator, district attorney, assistant district attorney, or district
attorney's investigator, coroner, deputy coroner, or coroner investigator.
(3) When the offender has a specific intent to kill more than one
person.
(4) When the offender has specific intent to kill and
has offered, has been offered, has given, or has received anything of value for
the killing.
(5) When the offender has the specific intent to
kill a victim who is under the age of twelve or sixty-five years of age or
older.
(6) When the offender has the specific intent to kill
while engaged in the distribution, exchange, sale, or purchase, of a
controlled dangerous substance listed in Schedules I, II, III, IV, or V
of the Uniform Controlled Dangerous Substances Law.
(7) When the offender has specific intent to kill and
is engaged in the activities prohibited by R.S. 14:107.1(C)(1).
(8) When the offender has specific intent to kill and
there has been issued by a judge any lawful order prohibiting contact between
the offender and the victim in response to threats of physical violence
or harm, which was served on the offender and is in effect at the time of the
homicide.
(9) When the offender has specific intent to
kill a victim who was a witness to a crime or was a member of the immediate family
of a witness to a crime committed on a prior occasion and: ()
the term "member
of the immediate family" means a husband, wife, father, mother,
daughter, son, brother, sister, stepparent, grandparent, stepchild, or
grandchild.
the term
"witness" means any person who has testified or is expected to testify for the
prosecution, or who, by reason of having relevant information, is subject to
call or likely to be called as a witness for the prosecution, whether or not
any action or proceeding has yet commenced.
(a) The killing was committed for the purpose of
preventing or influencing the victim's testimony in any criminal action
or proceeding whether or not such action or proceeding had been commenced; or
(b) The killing was committed for the purpose of exacting
retribution for the victim's prior testimony.
(10) When the offender has a specific intent to
kill a taxicab driver who is in the course and scope of his employment.
(11) When the offender has a specific intent to kill and
the offender has previously acted with a specific intent to kill that resulted
in the killing of one or more persons.
(12) When the offender has a specific intent to
kill a correctional facility employee who is in the course and scope of his
employment.
the term "correctional
facility employee" means any employee of any jail, prison, or correctional facility who is
not a peace officer as defined by the provisions of Paragraph (1) of this
Subsection.
C. (1) If
the district attorney seeks a capital verdict, the offender shall be
punished by death or life imprisonment at hard labor without benefit of parole,
probation, or suspension of sentence, in accordance with the determination of
the jury.
(2) If the district attorney does not seek a
capital verdict, the offender shall be punished by life imprisonment at
hard labor without benefit of parole, probation or suspension of sentence.
La RS 14:38.2. Assault
on a school teacher
A.(1) "school teacher" means any
·
teacher,
·
instructor,
·
administrator,
·
staff person, or
·
employee of any
o
public or
o
private elementary, secondary,
o
vocational-technical training,
o
special, or
o
postsecondary school or institution.
"
·
school
teacher" shall also include
any
o
teacher aide and
o
paraprofessional,
o
school bus driver,
o
food service worker, and
o
other clerical,
o
custodial, or
o
maintenance personnel employed by a
§ city,
§ parish, or
§ other local public school board.
(b) "assault" means an
attempt to commit on a school teacher
·
battery or
·
the intentional placing of a school
teacher in reasonable apprehension of receiving a battery or
·
making
statements threatening physical harm to a school teacher.
(c) "school"
means any
·
public or
·
nonpublic
o
elementary,
o
secondary,
o
high school,
o
vocational-technical school,
o
college,
o
special, or
o
postsecondary school or
o
institution, or
o
university in this state.
(d) "student" means any person
registered or enrolled at the school where the school teacher is
employed.
B. Whoever commits the crime of assault on a school
teacher shall be punished as follows:
(1) If the assault was committed
by a student, upon conviction,
·
the offender shall be fined not
more than two thousand dollars or
·
imprisoned not less than thirty
days nor more than one hundred eighty days, or both.
(2) If the assault was committed
by someone who is not a student, upon conviction,
·
the offender shall be fined
not more than two thousand dollars or
·
imprisoned with or without hard labor
for not less than one year nor more than three years, or both.
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