In other states, the word “assault” means a physical attack. In Louisiana, that act is defined as a battery, and assault is essentially an attempted, but unsuccessful battery. A battery is the intentional use of force or violence upon the person of another. An assault is an unsuccessful attempt to commit a battery, or the intentional placing of another person in reasonable apprehension of receiving a battery.

There are different kinds of battery and different kinds of assault. An aggravated battery is a battery committed with a dangerous weapon and carries a term of imprisonment of up to 10 years. A second-degree battery is a battery where the offender intentionally inflicts serious bodily injury, and carries a penalty of up to eight(8) years. Combine those two and you have the offense of aggravated second-degree battery, which is a battery committed with a dangerous weapon that results in serous bodily injury. Aggravated second-degree battery carries a potential penalty of up to 15 years.

There are also different kinds of assault. Most assaults are misdemeanors punishable by imprisonment up to six months. However, assault by drive by shooting is a felony. Assault by drive by shooting is an assault committed with a firearm when the offender uses a motor vehicle to facilitate the assault. The potential penalty is imprisonment with or without hard labor for not less than one or more than five years, without benefit of suspension of sentence. There are also special statutes for assault on a child welfare worker, assault on a schoolteacher, and the unlawful use of a laser on a police officer. The unlawful use of a laser on a police officer is the intentional projection of a laser on a police officer when the offender has reasonable grounds to believe that the officer will be placed in fear of receiving bodily harm.

Most people know what stalking is or at least have a general idea, but few people know that there is a law in Louisiana that prohibits cyberstalking. In Louisiana, cyberstalking is the use in email or electronic communication of any words threatening to inflict bodily harm or physical injury to the person or property of another. It also includes using email or electronic communication to communicate with another person repeatedly for the purpose of harassing that person. The potential penalty for cyberstalking is imprisonment for up to one year.

Even lawyers have to look up the potential penalty for a particular type of drug. And for each drug, the penalties differ depending on whether the suspect is charged with possession or distribution or possession with intent to distribute or manufacturing. And once you know what drug you are looking for, and whether the suspect is charged with possession or distribution, it can still take quite some time to muddle through the lengthy provision of Title 40 of Louisiana’s criminal code to find what you are looking for.

There are many offenses which include as an element of the offense, the crime of drunk driving. Although drunk driving is itself a crime, it is also an element of several other crimes.

When the drunk driving results in the death of another person, this is called vehicular homicide. The potential sentence for vehicular homicide is imprisonment with or without hard labor for not less than five, nor more than 30 years. And at least three years of the sentence has to be imposed without benefit of parole, probation or suspension.

When the drunk driving causes serious bodily injury to another person, but not death, this is called first-degree vehicular negligent injuring. Serious bodily injuring includes unconsciousness, extreme pain or protracted and obvious disfigurement or loss of the function of a bodily member or organ, or a substantial risk of death. The sentence for first-degree vehicular negligent injuring is imprisonment with or without hard labor for up to five years.

When the drunk driving causes some injury to another person, but not a serious bodily injury, this is called vehicular negligent injuring. This crime is a misdemeanor, and the potential sentence is imprisonment for not more than six months.

Of course, drunk driving is itself a crime. In Louisiana, it is called operating a vehicle while intoxicated (OWI). There are four different potential penalties, depending on whether this is the defendant’s first, second, third, or fourth offense. Anything over four is treated as a fourth offense. The statute governing OWI is very complicated, and covers over six pages in the Louisiana Criminal Code book. But a quick summary of the potential penalties is as follows:

• For a person whose blood alcohol concentration is .08% or more by weight based on grams of alcohol per 100 cubic centimeters of blood, the potential sentence for a first conviction is a fine of $300–$1000, and imprisonment from 10 days to six months.
• For a second offense, a fine of $750–$1000 and imprisonment for 30 days to six months.
• For a third offender, imprisonment with or without hard labor for not less than one year, nor more than five years and a fine of $2000.
• For a fourth offender, imprisonment with or without hard labor for not less than 10 years, nor more than 30 years and a fine of $5000.

First and second offense OWI are misdemeanors. Third and fourth offense OWI are felonies. In all cases, the terms of imprisonment detailed above can be suspended, and the offender placed on probation, if certain conditions are met. Even so, OWI second, third, and fourth have certain mandatory minimum jail terms which cannot be suspended, regardless of the conditions. All four levels of OWI also contain a more severe sentence if the driver has a blood alcohol concentration of 0.15% or more by weight based on grams of alcohol per 100 cubic centimeters of blood.

For persons under the age of 21, there is a separate drunk driving statute called underage driving under the influence. It is similar to regular OWI, except that the state is only required to prove that the driver’s blood alcohol concentration is 0.02%. Underage driving under the influence is a misdemeanor, and the penalty is less severe than OWI first offense, but the blood alcohol concentration level is so low that a young person could be convicted under this statute after having had only one drink. Consult with competent legal counsel for details concerning the potential sentences for OWI and defenses.

Louisiana does have an identity theft statute, and it is defined as the intentional use with fraudulent intent of any personal identifying information of another person to obtain money, goods, services or anything of value without the authorization or consent of that other person. It is punishable by imprisonment with or without hard labor for up to 10 years.

Yes, it is called unauthorized use of a motor vehicle. Generally, in most states, joyriding is prohibited, but it is not a theft. When someone goes joyriding in someone else’s vehicle, they usually do not intend to deprive the other person of the vehicle permanently—they are just using it for a while without the other person’s authorization. It is defined as the intentional taking or use of a motor vehicle which belongs to another without the other’s consent, but without any intent to deprive the other of the motor vehicle permanently. It carries a potential sentence of imprisonment with or without hard labor for up to 2 years.

There are many different kinds of rape. And the definitions get quite complicated. Aggravated rape is the most serious, forcible rape is next most serious, and simple rape is the least serious.

Rape is defined as the act of anal, oral or vaginal sexual intercourse committed without the person’s lawful consent. Emission is not necessary, and any sexual penetration, however slight, is sufficient to complete the crime. An First Degree rape is a rape committed where the offender is armed with a dangerous weapon or where the victim resists the act to the utmost but whose resistance is overcome by force. It also includes a rape where the victim is under 13 or where there are two or more offenders participating in a rape. Second Degree rape is a rape committed where the victim is prevented from resisting by force or threats of violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape. A Third Degree rape is a rape committed where the victim is incapable of resisting because of some infirmity or where the female submits under the mistaken belief that the perpetrator is her husband, and such belief is intentionally induced by concealment by the offender.

The penalty for 1st degree rape is life imprisonment. The penalty for 2nd degree rape is five(5) to forty(40) years. And the penalty for 3rd degree rape is up to twenty five(25) years.

There are a number of different types of robbery, and included in the prohibitions on robbery are prohibitions against carjacking and purse snatching.

Simple robbery is taking something from another by use of force or intimidation, but not while armed with a dangerous weapon. The punishment is imprisonment with or without hard labor for up to seven years.

Second-degree robbery is taking something from another when the offender intentionally inflicts serious bodily injury. The punishment for this is imprisonment at hard labor for not less than three not more than 40 years.

First-degree robbery contains the same penalty as second-degree robbery, but the elements are slightly different. First-degree robbery is taking something from another person where the offender is not actually armed, but the offender leads the victim to reasonably believe that he is armed with a dangerous weapon.

Finally, armed robbery is the intentional taking of something from another person by use of force or intimidation while armed with a dangerous weapon. This is obviously the most serious type of robbery and carries a penalty of imprisonment at hard labor for not less than 10 not more than 99 years, without benefit of suspension of sentence.

Carjacking is the intentional taking of a motor vehicle belonging to another in the presence of that person by use of force or intimidation. It carries a penalty of imprisonment at hard labor for not less than two not more than 20 years.

And purse snatching is the taking of a purse or wallet from another person by use of force of intimidation or by snatching, but not armed with a dangerous weapon. The potential sentence for this is imprisonment with or without hard labor for not less than two and not more than 20 years.

Sexual battery is the intentional touching of the anus or genitals of the victim by the offender, or touching of the anus or genitals of the offender by the victim, without the consent of the victim, or where the victim is under 15 years old.

The potential sentence for sexual battery is imprisonment with or without hard labor for not more than 10 years, without benefit of parole, probation or suspension of sentence.

But where the victim is under the age of 13 years and the offender is 17 years or older, the imprisonment at hard labor shall be for not less than 25 years nor more than 99 years. And the 25 years is a mandatory minimum without benefit of suspension. The legislature recently made this change to sexual battery. Thus, a sexual battery, which is a very simple crime to commit, and which can be committed spontaneously in less than a few seconds, can result in a mandatory minimum sentence of 25 years, which for many offenders can nearly a life sentence.

The answer is maybe. In Louisiana, it is illegal to possess stolen things. Illegal possession of stolen things is defined as the intentional possessing or concealment of anything of value which has been the subject of a robbery or theft, under circumstances which indicate that the offender knew or had good reason to believe that the thing was the subject of a robbery or theft. The potential penalties is as follows:

• Value $25,000 or more - Up to 25 years hard labor, fine up to $50,000
• Value $5,000 or more but less than $25,000 - Up to 10 years with or without hard labor, fine up to $10,000
• Value $1,000 or more but less than $5,000 - Up to 5 years with or without hard labor, fine up to $3,000
• Value less than $1,000 - Up to 6 months, fine up to $1,000

The key language in the statute is “under circumstances which indicate that the offender knew or had good reason to believe that the thing was the subject of a robbery or theft.”

It is commonly known that drug users who are addicted will do almost anything to get money to buy more drugs. Hence, drug abuse results in many thefts, robberies and burglaries of homes and automobiles. The items stolen in these crimes are usually sold by the drug user on the streets for pennies on the dollar in order to raise money to buy drugs. Anyone who is familiar with this fact, and who is approached by someone on the street offering to sell something of value for pennies on the dollar should have a healthy suspicion that the object was the subject of a robbery, theft, or burglary.

Thus, if you buy an object from someone under these circumstances, you stand a good chance of being convicted of the offense of illegal possession of stolen things, even if you did not have “actual knowledge” that the item was stolen.

Normally, for a traffic offense or some similar minor misdemeanor, the police issue a summons or a ticket, requiring the person to either pay a fine or appear in court. For more serious misdemeanors like OWI or possession of marijuana, the police usually make a full arrest. But in some cases, police have been known to issue a ticket for possession of marijuana or make a full arrest for a traffic offense like driving under suspension.

So how does one know what the police will do in a particular situation? Well, the answer is found in the Louisiana Code of Criminal Procedure, Article 211. It provides that it is lawful for a police officer to arrest a person without a warrant for a misdemeanor. This includes any misdemeanor, such as a traffic violation. However, the law gives the officer the option to issue a written summons or a ticket instead of making an arrest if—

• The officer has reasonable grounds to believe that the person will appear in court for the summons
• The officer has no reasonable grounds to believe that the person will cause injury to himself or another if he is not immediately arrested

So it all depends on the circumstances. For instance, if a person is being loud or obnoxious or drunk in a public place, an officer can issue a ticket for disturbing the peace. But if that same person is being loud and obnoxious and belligerent toward other people, the officer can arrest him for disturbing the peace if the officer thinks that by leaving him there, a fight or further disturbance may ensue.

The answer is yes. Louisiana has two statutes dealing with terrorism. The first is called terrorizing. Terrorizing is the intentional communication of information that the commission of a crime of violence is imminent or that a circumstance dangerous to human life exists with the intent of causing fear or causing the evacuation of a building or causing serious disruption to the general public. The potential penalty for terrorizing includes imprisonment with or without hard labor for not more than 15 years.

Louisiana also has a statute prohibiting actual terrorism. Terrorism is the commission of any killing, injuring, kidnapping, arson, or damage to property when the offender has the intent to intimidate or coerce the civilian population, influence the policy of a government, or affect the conduct of government. When terrorism involves a killing, the potential penalty is life imprisonment at hard labor. When the terrorism involves serious injury, the potential penalty includes imprisonment at hard labor for up to 30 years. When the terrorism involves a kidnapping, the potential penalty includes imprisonment at hard labor for up to 10 years. When the terrorism involves arson, the potential penalty includes imprisonment at hard labor for not less than six and not more than 40 years, with four years of the sentence without benefit of suspension, parole or probation. And when the terrorism involves criminal damage to property, the potential punishment is imprisonment at hard labor for not less than one, not more than 30 years.