FELONY CHARGES IN LOUISIANA
PRACTICE AREAS
Experienced Criminal Defense Attorney for Felony Charges in Shreveport-Bossier City, LA
A criminal charge of any sort can be a stressful situation, but charges for felony crimes can be especially terrifying. This is because felonies are the most severe crime classification, and therefore, bring about the harshest punishments. Without the right defense, felony charges in Louisiana can wreak havoc on one’s life, finances, and entire future.
Because felonies in Louisiana are an extremely serious matter, you need aggressive representation from an experienced attorney to improve your chances of resolving a felony charge. Fortunately, Northwest Louisiana felony defense attorney Michael J. Vergis provides dedicated criminal defense for individuals facing felony charges in the Shreveport-Bossier area. With extensive experience in Louisiana criminal law, he guides clients through every step of the legal process, working to protect their rights and build a strong defense against these serious charges.
To speak with a skilled criminal defense attorney regarding your felony charges in Louisiana, call The Law Office of Michael J. Vergis at (318) 698-3724 today.
What is Considered a Felony Charge in Louisiana?
In Louisiana, criminal offenses fall into one of two different categories: misdemeanors or felonies, with felony crimes being the more serious of the two. According to Louisiana law, a felony crime is defined as conduct for which a defendant may face a prison sentence involving hard labor or, in some cases, the death penalty.
Felony charges are often pursued when the criminal offense results in significant harm, such as personal injury, death, or property loss. Unlike misdemeanor charges in Louisiana, which typically involve a maximum sentence of 6 months jail time, felony convictions can lead to lengthy prison sentences and various other life-altering consequences, making it crucial to seek strong legal representation when facing such charges.
Louisiana Felony Classifications and Penalties
In Louisiana, felony crimes are classified based on their severity, with more serious offenses resulting in harsher penalties. Felony convictions can range from several years of imprisonment to life sentences or even the death penalty for the most severe crimes. The penalties a person convicted of a felony faces often depend on factors such as whether it is a first offense or if the crime involves violence, personal injury or death, or significant property loss.
Louisiana’s Three Strikes Law has a major impact on felony sentencing. Under this law, repeat felony offenders face increasingly severe penalties, with a third conviction potentially leading to life imprisonment without parole. This makes the consequences for multiple felony convictions particularly harsh, underscoring the importance of effective legal defense for those charged with felony crimes.
Crimes That May Warrant a Felony Conviction
Felonies in Louisiana encompass a wide range of criminal activities, including most violent crimes, drug-related offenses, theft, fraud, sex crimes, and other serious violations.
- Violent Crimes: According to Louisiana RS 14:2, a violent crime refers to a crime that involves the use, attempted use, or threatened use of physical force against another person or their property and that, by its very nature, involves a substantial risk that physical force could be involved during the crime. It also includes any crime that involves the use or possession of a dangerous weapon. The statute outlines the enumerated offenses that are considered violent crimes in Louisiana, some of which include:
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- Murder, including first-degree murder and second-degree murder
- Manslaughter
- Aggravated assault and battery
- Kidnapping, including simple kidnapping, second-degree kidnapping, and aggravated kidnapping
- Forcible rape and sexual battery
- Aggravated arson
- Simple burglary, aggravated burglary, and home invasion
- Theft crimes, including simple robbery, first-degree robbery, armed robbery, carjacking, and purse snatching
- Domestic violence, including aggravated domestic assault and battery
- Vehicular homicide when the driver’s BAC exceeds 0.20%
- False imprisonment while armed with a dangerous weapon
- Possession of a weapon by a person convicted of certain felonies
- Certain protective order violations
- Drug-Related Felonies: Most drug crimes in Louisiana are considered felonies, with the exception of simple drug possession charges. Felony drug crimes include offenses like drug trafficking, possession with intent to distribute, and manufacturing of controlled substances.
- Sex Offenses: Sex crimes in Louisiana are taken extremely seriously and can result in a lengthy prison sentence, significant fines, and various restrictions on a person’s rights. This includes crimes such as rape, carnal knowledge of a juvenile, sexual battery, child exploitation, online solicitation of a minor, child pornography, and more.
- Property Crimes: Property crimes that are considered felonies include offenses such as arson, burglary, theft of high-value property, and vandalism causing significant damage.
- White-Collar Crimes: These crimes involve deceit for financial gain and can lead to harsh penalties, including lengthy prison sentences, fines, and restitution to victims. Louisiana white-collar crime charges that may result in felony convictions include embezzlement, fraud, money laundering, and identity theft.
What is the Punishment for a Felony Charge?
The majority of states in the U.S. assign felony charges to a specific class or category that then determines their punishment. In the state of Louisiana, however, if the judge determines that the crime warrants a prison sentence of more than one year, it is classified as a felony. While a felony charge is determined based on whether the crime can be punishable by 1+ years in prison, that doesn’t necessarily mean it will be. It simply means that the crime committed can be (and often likely is) punishable by over a year of imprisonment. The actual sentence for a felony criminal conviction may be anywhere from 0 days of jail time to life imprisonment, depending on the severity of the crime. In addition to imprisonment, convicted felons also face hefty fines, probation time, community service, and hard labor. In more extreme circumstances, the defendant may also be sentenced to death. Outside of these felony penalties, certain constitutional rights will become restricted and the felony may remain on their criminal record forever, impacting virtually every aspect of the person’s life.
How Long Do Felony Charges Stay on Your Record in Louisiana?
Under Louisiana law, felony charges generally stay on your record permanently, meaning they can follow you for the rest of your life. Even after you’ve served your sentence, a felony conviction can have long-term consequences for your personal and professional life. This includes difficulties finding employment, restrictions on your right to vote and own firearms, and even limitations on housing options. Felony convictions can also affect professional licenses and opportunities in various fields.
Since Louisiana law does not allow for felonies to simply “fall off” your record over time, the impact of a felony charge is typically lifelong, with significant social and legal implications.
Can You Get a Felony Conviction Expunged in Louisiana?
Yes, in some cases, you can get a felony conviction expunged in Louisiana, but it depends on the type of felony and other factors. Louisiana law allows certain non-violent felonies to be expunged if specific conditions are met, such as completing your sentence, paying all fines, and waiting a designated period of time. However, violent crimes, sex offenses, and crimes against minors are typically not eligible for expungement.
As for the designated waiting period, an expungement of felony records may be provided 10 years following the completion of a sentence and ONLY if no other convictions (whether a felony or misdemeanor) occurred within that time period. Further, the courts generally only allow an expungement of a felony offense to occur once every 15 years. To see if you qualify for expungement, call an experienced Louisiana expungement lawyer like Michael J. Vergis today.
What To Do If You’ve Been Charged With a Felony
Once a person has been charged with a felony, the next steps are crucial in determining how their future will look. The best way to get felony criminal offenses dropped or dismissed is to hire an experienced criminal defense attorney as soon as you are arrested on these charges.
The first thing your attorney will do is search for any grounds on which your case may possibly be dismissed before a plea or trial takes place. It is certainly possible that your defense lawyer can get your felony charges dismissed or otherwise reduced depending on what they are able to prove.
Attorney Michael J. Vergis will work diligently to provide a grounds for dismissal of your case. This may include any of the following circumstances:
- An illegal stop
- An illegal search and/or seizure
- Lack of probable cause to arrest
- Lack of evidence to prove you were responsible for the crime
- Improper criminal complaint or charging document
- The unavailability of a witness who is necessary to prove your supposed guilt
- The loss of evidence needed to prove your supposed guilt
What are Some Defenses for Felony Charges?
In Louisiana, there are several defenses available to individuals facing charges for felony crimes. The most common defense is to argue that the prosecution has not met its burden of proof beyond a reasonable doubt. Another common defense is to challenge the admissibility of evidence, such as by arguing that it was obtained illegally or through coercion, or that they were entrapped by law enforcement. In addition, the defense can argue that the defendant acted in self-defense, defense of others, or under duress, or that they lacked the intent necessary to commit the crime.
It’s important to note that the specific defenses available will depend on the facts of each case and the applicable laws. Therefore, it is advisable for anyone facing felony criminal charges in Louisiana to consult with an experienced criminal defense attorney to determine the best defense strategy for their particular case.
Why You Need an Experienced Criminal Defense Lawyer To Help Fight Your Charge
If you are facing a felony charges in Louisiana, it is essential to have an experienced criminal defense lawyer like Michael J. Vergis on your side. Felony charges often carry serious penalties that can significantly impact your life, including prison time, hefty fines, and a permanent criminal record.
A skilled criminal defense attorney has a deep understanding of criminal defense law, Louisiana’s legal system, and the complexities of felony cases. They can analyze the evidence, investigate the facts, and develop a strong defense strategy tailored to your unique circumstances. They can also negotiate with prosecutors to reduce charges or minimize penalties and fight for your rights in court. Whether it’s securing a plea deal, reducing prison time, or achieving an acquittal, having strong legal representation can greatly improve your chances of obtaining the best outcome in your case.
Without competent legal guidance on your side, you risk facing the full force of the prosecution, which can lead to devastating consequences for those accused of felony offenses. So, if you’re facing felony charges in the Shreveport-Bossier City area, don’t take chances with your future. Contact the top criminal lawyers in Shreveport at the Law Offices of Michael J. Vergis today to schedule a consultation and begin building a strong defense for your case.
Shreveport/Bossier City Criminal Defense Attorney for Felony Charges
Only qualified and experienced criminal defense lawyers like those at The Law Office of Michael J. Vergis can provide the legal help necessary to have your felony charges dropped, acquitted, or otherwise reduced. If you have been arrested under felony criminal charges, do not speak to anyone until you have spoken with your lawyer and fully understand your legal rights. Attorney at Law Michael J. Vergis will do everything in his power to dismiss your case before it proceeds any further. If he is unable to do so, he will analyze your case carefully and prepare to defend you aggressively at trial.
If you or a loved one has been charged with a felony offense in Shreveport, Bossier City, or the surrounding Northwest Louisiana area, don’t wait any longer. Call an experienced attorney at our law firm today at (318) 698-3724 or send us a message online for a free consultation and a formidable defense.
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