LOUISIANA CRIMINAL LAW

Louisiana statutes contain the criminal code that details criminal behavior and the procedure for trying defendants. Louisiana criminal law is a large topic that can be difficult to understand without assistance. The following information provides a brief summary of key topics in Louisiana criminal law. For specific information regarding a criminal case in Louisiana, consult a Louisiana criminal attorney.

Louisiana Drug Possession

Drug possession and sale in Louisiana can result in lengthy prison sentences and heavy fines if convicted. The penalties will be different depending on the type of drug, how much of the drug the defendant is arrested with, and whether or not the defendant is charged with selling the drug or possessing the drug.

• Marijuana offenses: Possession of marijuana in Louisiana is a misdemeanor punishable by up to 6 months in jail and a $500 fine. A charge of sale of, or possession with intent to sell, is a felony punishable by 5 - 30 years in jail and a fine up to $100,000 depending on the quantity of marijuana.
• Narcotics offenses: Possession, possession with intent to sell, or sale of narcotics such as cocaine, heroin, or meth in Louisiana are felony charges with possible prison sentences of 4 - 30 years and a fine up to $650,000 depending on the quantity of the drug and the nature of the charge.

Drug convictions in Louisiana will result in harsh sentencing, and anyone arrested with drugs in their possession should immediately contact a Louisiana criminal defense attorney.

Assault In Louisiana

Louisiana uses the term Battery to refer to the crime of harming another person.

• A simple battery in Louisiana occurs when an individual causes harm with the intentional use of force upon another. This act is punishable by up to 6 months in jail and a fine up to $1,000.
• Second-degree battery occurs when a person inflicts serious bodily harm onto another such as causing unconsciousness, impairment of a bodily function, or disfigurement.The crime is punishable by up to 5 years in prison and a fine up to $2,000.
• Aggravated battery in Louisiana occurs when one person commits battery with a dangerous weapon.The charge carries a possible prison sentence up to 10 years in jail and a fine up to $5,000.

There are other circumstances that can affect the punishment for battery such as assaulting a child, a teacher, or a police officer. For information on a specific instance of battery, consult a Louisiana criminal lawyer.

Louisiana Drunk Driving - DWI

A Driving While Intoxicated (DWI) charge in Louisiana can result in serious consequences, and should not be faced without the assistance of a Louisiana DWI attorney. A person arrested for DWI in Louisiana faces up to 6 months in jail, community service, participation in a substance abuse program, license suspension of 90 days, a fine of up to $1,000, and an assortment of court and administrative fees. If arrested for a DWI in Louisiana contact a Louisiana DWI attorney immediately.

Right To A Jury Trial In Louisiana

Criminal defendants in Louisiana have a right to a trial by jury unless they are charged with a misdemeanor that carries a maximum punishment of 6 months or less, or a fine less than $1,000. A Louisiana defendant in any case that is heard by a jury has the right to waive their right to a jury with the permission of the court. For questions about a right to a jury trial, and procedures to waive that right, contact a Louisiana criminal defense lawyer.

Trial Date In Louisiana

Louisiana defendants have a right to a speedy trial, and the rules of criminal procedure establish time periods in which a defendant will be tried. If the defendant is in custody awaiting trial, the indictment against them will be filed within 45 days of arrest for misdemeanor offense and 60 days for felonies. If the defendant is not in custody while awaiting trial, the indictment will be filed within 90 days of arrest for misdemeanors and 150 days for felonies. A defendant may file a motion for a speedy trial if they feel their trial is unduly delayed. Consult a Louisiana criminal defense attorney for questions about trial dates and motions for a speedy trial.

Sentence Review / Appeal In Louisiana

A Louisiana defendant convicted in a criminal case may appeal to a higher court. The appeal will ask for a judicial review of the conviction, and must be accompanied by all the evidence on which the verdict was based. A defendant who wishes to appeal a verdict should consult a Louisiana criminal attorney in order to ensure the proper procedures are followed.

Louisiana Revised Statutes

Relevant Louisiana Criminal Statutes

1. Louisiana Drug Possession
1. La. Rev. Stat. tit. 40, § 40:966.
2. Assault in Louisiana
1. La. Rev. Stat. tit. 14, §§ 14:35, 14:34, 14:34.1.
3. Louisiana Drunk Driving - DWI
1. La. Rev. Stat. tit. 14, § 14:98.

Louisiana Code of Criminal Procedure Annotated

Relevant Louisiana Criminal Codes

1. Right to Jury in Louisiana
1. La. Code. Civ. Proc. Ann. chs. 779, 780.
2. Trial Date in Louisiana
1. La. Code. Civ. Proc. Ann. ch. 701.
3. Sentence Review and Appeal in Louisiana
1. La. Code. Civ. Proc. Ann. ch. 912.1.