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Baton Rouge Violent Crimes Defense Lawyer

In 2020 alone, more than 461,000 Americans were arrested for violent crimes. The average violent crime charge comes with severe consequences such as large fines and years behind bars. Our criminal justice system allows every single violent offender to receive legal representation from a violent crimes defense lawyer. The main goal of criminal defense lawyers is to protect the legal rights of their clients and to provide the best possible case outcome.

If you have been arrested for or convicted of a violent crime in Louisiana, you need an experienced violent crimes defense lawyer from the Law Offices of Ossie Brown on your side. We handle all sorts of violent crime cases such as domestic abuse, aggravated assault and battery, robbery, burglary, homicide, and so much more. Call our law office today at 225-343-1111 to schedule a free consultation.

violent crime defense attorney

How Many Violent Crimes Happen in the U.S. Every Year?

Unfortunately, violent crimes are a daily occurrence in the United States. Data from the FBI claims that 1,203,808 violent crimes occurred in 2019 alone. The majority of these violent crimes (68%) were aggravated assaults. Meanwhile, 22% of these crimes were robbery offenses, 8% were rape, and 1.4% were murder.

How Many Violent Crimes Happen in Louisiana Every Year?

Every year, Louisiana ranks as one of the most violent states in the nation. In 2020, Louisiana had the highest per capita murder rate in the U.S. for the 32nd year in a row (since 1989). The murder rate that year was 15.8 per 100,000 people.

New Orleans, Baton Rouge, and Shreveport had the highest violent crime rates in 2018 according to data from the FBI. Handguns are the most common murder weapon in Louisiana, used in almost 45% of murders. Aside from murder, some of the most common violent crimes that occur statewide are rape, robberies, and aggravated assault.

What is Considered a Violent Crime in Louisiana?

Louisiana considers the following types of crimes as violent crimes:

  • First degree murder
  • Second degree murder
  • First, second, or third degree feticide
  • Aggravated assault and battery
  • Domestic violence
  • Homicide (including negligent or vehicular homicide)
  • Manslaughter
  • Rape
  • Aggravated arson
  • First degree robbery, second degree robbery, and armed robbery
  • Aggravated burglary
  • Hate crimes

Violent Crimes That Our Criminal Defense Lawyers Handle

Our Baton Rouge criminal defense law firm has the skill and experience necessary to defend you if you’re facing criminal charges of a violent nature. If you are facing one of the violent crime charges listed below, contact a criminal defense lawyer at the Law Offices of Ossie Brown.

Sexual Violence

The two main types of sex crimes in Louisiana are sexual battery and rape. Sexual battery occurs when someone touches a victim’s genitals or anus without their consent, or forces the victim to touch their genitals or anus. In most cases, sexual battery is not considered a violent crime.

Rape (AKA sexual assault), on the other hand, is often considered a violent crime because it involves nonconsensual penetration in the mouth, anus, or vagina. Louisiana law specifies a few different types of rape, such as:

  • Aggravated Rape (First Degree Rape): This crime occurs when oral, anal, or vaginal penetration happens alongside the use of force or a deadly weapon. Many victims suffer bodily harm during aggravated rape.
  • Second Degree Rape (Forcible Rape): This crime occurs when someone engages in nonconsensual oral, anal, or vaginal penetration with threats of bodily harm. Using date rape drugs before nonconsensual penetration is also considered forcible rape in Louisiana.
  • Third Degree Rape (Simple Rape): This crime occurs when someone engages in nonconsensual oral, anal, or vaginal penetration when the victim is intoxicated or mentally incapacitated.

Domestic Violence

According to Louisiana law, domestic abuse battery occurs when a member of the household intentionally uses physical force or engages in violence against another member of the household. Possible victims of domestic violence could be romantic partners, ex romantic partners, roommates, and children. Common types of violence that occur among household members are beatings, shootings, stabbings, and sexual violence.

Robbery

Louisiana law lists several different types of robbery. The types of robbery that are considered violent are:

  • First Degree Robbery: During this type of crime, the victim believes that the perpetrator has a deadly weapon on them while they are stealing something. While bodily harm or death doesn’t occur during this type of robbery, it’s still considered violent due to the use of threats and force. The victim generally believes that their life is in danger, even if it really isn’t.
  • Second Degree Robbery: During this type of crime, the perpetrator inflicts serious bodily injury on the victim while they are stealing something.
  • Armed Robbery: During this type of crime, a perpetrator is armed with a deadly weapon while they are stealing something. They may also use force or intimidation.

Aggravated Burglary

Louisiana law lists a couple types of burglary. However, the type of burglary that’s considered violent is aggravated burglary. Aggravated burglary occurs when a perpetrator illegally enters a piece of property with a dangerous weapon in order to commit a theft crime. The perpetrator may or may not inflict bodily harm onto the victim.

Aggravated Assault and Aggravated Battery

Louisiana law defines aggravated assault as a type of crime in which someone causes (or attempts to cause) serious bodily injury upon a victim with or without a dangerous weapon. A perpetrator can also face an aggravated assault charge when they merely threaten to physically injure someone. If the victim believes that the perpetrator has the means to physically injure them which causes them to fear for their safety, the perpetrator could potentially face criminal charges.

Meanwhile, aggravated battery occurs when a perpetrator inflicts severe bodily injury upon their victim with a dangerous weapon.

Homicide

According to Louisiana law, homicide occurs when someone kills another person through act or omission. There are five main types of homicide, and they are: first degree murder, second degree murder, manslaughter, negligent homicide, and vehicular homicide.

The main difference between a homicide charge and a murder charge is malice aforethought, which is the intention to kill someone. People who are convicted of criminal offenses like homicide are those that kill someone without planning to do so beforehand. Some homicides are even legally justified. For example, maybe someone was attacked and they had to kill the attacker to save their own life.

Negligent and Vehicular Homicide

Negligent homicide occurs when someone kills another person through criminal negligence. This type of homicide also occurs when someone is killed by a dog (or another animal) and the owner doesn’t attempt to restrain the dog.

Meanwhile, vehicular homicide occurs when someone kills another person while in control of a vehicle such as a car, boat, or motorcycle. A perpetrator can face this type of criminal charge whether or not they intended to gravely injure or kill someone. Additionally, the perpetrator must meet one of the following conditions in order to receive a vehicular homicide conviction:

  • The perpetrator was under the influence of drugs and/or alcohol.
  • Their BAC was 0.08% or higher.

Manslaughter

Manslaughter falls under the legal umbrella of homicide. Manslaughter occurs when someone kills another person in “sudden passion” or “heat of blood” caused by provocation (i.e. an attack). There are two main types of manslaughter, and they are voluntary and involuntary manslaughter.

Voluntary manslaughter occurs when someone kills another person in the “heat of the moment,” like during an attack. Meanwhile, involuntary manslaughter occurs when someone kills another person through criminal negligence or reckless behavior.

A Baton Rouge criminal defense lawyer at the Law Offices of Ossie Brown can represent you if you’re facing violent crime charges such as homicide and manslaughter. However, we do not represent people convicted of murder.

violent crimes defense lawyer

Penalties for Violent Crimes in Louisiana

A violent crime conviction comes with severe penalties in Louisiana, such as a lengthy prison sentence and/or large fines. Below, we break down the penalties for the aforementioned violent crimes.

  • First Degree Rape: The penalty for first degree rape is life behind bars without the possibility of parole. A district attorney can pursue the death penalty for rapists whose victims were under the age of 13. However, the U.S. Supreme Court decided in 2008 (Kennedy v. Louisiana) that the death penalty is not a proportional punishment for raping a child, especially if the child didn’t die and if the rapist’s intent was never to kill the child.
  • Second Degree Rape: The penalty for second degree rape is 5 to 40 years in state prison at hard labor.
  • Third Degree Rape: The penalty for third degree rape is up to 25 years in jail at hard labor.
  • Domestic Abuse Battery: The penalties for domestic abuse battery depend on whether this is the perpetrator’s first, second, third, or fourth offense. The first offense is punishable by 6 months of prison time and up to a $1,000 fine. The second offense is punishable by up to 1 year in jail and up to a $1,000 fine. A third offense is punishable by up to 5 years in jail and up to a $2,000 fine. And lastly, a fourth offense is punishable by 10 to 30 years in jail and a fine of up to $5,000.
  • First Degree Robbery: The penalty for first degree robbery is 3 to 40 years in jail at hard labor without the benefit of parole.
  • Second Degree Robbery: The penalty for second degree robbery is also 3 to 40 years in jail.
  • Armed Robbery: The penalty for armed robbery is 10 to 99 years in jail at hard labor without the benefit of parole.
  • Aggravated Burglary: The penalty for aggravated burglary is 1 to 30 years in jail at hard labor.
  • Aggravated Assault: The penalty for aggravated assault is 6 months in jail and/or a $1,000 fine.
  • Aggravated Battery: The penalty for aggravated battery is up to 10 years in jail with or without hard labor and/or a $5,000 fine.
  • Homicide: The penalties for homicide depend on what type of homicide the person committed. For example, murder convictions come with much more severe penalties compared to manslaughter. Louisiana law states that the penalty for manslaughter is up to 40 years in jail at hard labor. If the victim was under 10 years old, the perpetrator will face the same jail sentence but without the benefit of parole. Justifiable homicide does not come with penalties, because people convicted of this crime generally act in self-defense. The penalty for negligent homicide is up to 5 years in jail with or without hard labor and/or a $5,000 fine. Lastly, the penalty for vehicular homicide is 5 to 30 years in jail with or without hard labor and/or a maximum fine of $15,000.

If you are facing one of these criminal charges, you need a Baton Rouge violent crime lawyer on your side. We will defend your legal rights and help you obtain the best possible outcome in your violent crime case.

Defenses Against Violent Crimes

A Baton Rouge criminal defense attorney at the Law Offices of Ossie Brown can potentially lessen your penalties, lessen your charge, or clear your name with one of the following defenses.

  • Lack of Evidence: Sometimes in a violent crime case, there is just not enough evidence to convict someone. If the prosecution doesn’t have enough evidence to charge you with a violent crime, then a Baton Rouge criminal lawyer can fight for less serious charges or dropped charges altogether.
  • Justification: A Baton Rouge criminal attorney could use this defense in your favor if there’s solid evidence to prove that you committed violent acts for the sake of protecting other people (or property) during an emergency. This defense could potentially be used for violent theft crimes.
  • Self-Defense: If you committed violent acts in order to protect yourself, a violent crime lawyer at our law office will gather sufficient evidence to prove this.
  • Lack of Intent: This defense can be used if someone is originally convicted of murder, for example. The main difference between murder and homicide is intent. If you never intended to kill anyone, we can gather evidence to prove this and potentially lessen your charge.
  • Solid Alibi: If you were truly not present at the time the violent crime occurred, then our criminal defense lawyers can gather evidence to prove this.
  • It Was An Accident: Sometimes, accidents truly do happen. If you accidentally injured or killed someone, a criminal defense attorney could use this defense in your favor. This violent crime defense may work for certain types of homicide.
  • The Victim Isn’t a Household Member: This defense is reserved specifically for domestic abuse cases. Louisiana specifically defines domestic abuse as using force or violence upon another household member. If the victim did not live in the household, then the offender could receive a lesser charge or penalty.
  • False Accusations: There are times when a perpetrator is falsely accused of a violent crime, such as domestic abuse or rape, for example. If this is the case for you, a criminal defense attorney can gather evidence to prove that you truly did not commit the crime.

Can You Expunge Violent Crimes From a Criminal Record in Louisiana?

No. In most cases, you cannot expunge violent crimes from your record in Louisiana. Some felony crimes may be expunged in Louisiana, but not if they are considered violent crimes. A Baton Rouge violent crime defense lawyer at our law office can review the details of your case and help you determine whether you’re eligible for expungement.

violent crime attorney

Call a Baton Rouge Violent Crimes Defense Lawyer at the Law Offices of Ossie Brown Today

If you have been arrested for or convicted of a violent crime in Louisiana, you need the strongest legal team on your side. Our Baton Rouge criminal defense law firm is the strong legal representation you need to potentially lessen your penalties and charges or clear your name altogether. We have extensive experience in handling violent crime cases in the Baton Rouge area, and we have a successful track record to prove it. We also handle all sorts of personal injury cases such as car accidents, dog bite injuries, traumatic brain injuries, and so much more. Call our law office today at 225-343-1111 to schedule a confidential consultation.

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