BOSSIER CITY FELONY CHARGES ATTORNEY

In Louisiana, there are misdemeanor charges and felony charges. Louisiana law defines a felony crime as criminal conduct for which a defendant may be sentenced to incarceration in state prison with “hard labor” or subject to the death penalty. Felony charges are often brought upon a person who has committed an act that resulted in personal injury, death, or property loss. Most crimes that are committed against another person, aside from those of simple assault, are generally considered felonies. Some specific types of crimes that may result in a felony charge include:

• First Degree Murder
• Second Degree Murder
• Manslaughter
• Violent Crimes (i.e. Aggravated Assault)
• Kidnapping
• Armed Robbery
• Sexual Assault/Rape
• Statutory Rape 
• First Degree Robbery
• Theft
• Battery of a Police Officer
• Third or Subsequent Offense DWI
• Certain Domestic Violence Crimes
• Certain Drug Crimes
• Treason
• Arson

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 a defendant can be punishable by over a year in prison due to their crime, it will be considered a felony charge. 

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 to up to a lifetime in prison, 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 subject to the death penalty. Outside of these penalties, certain constitutional rights will become restricted and the felony may remain on their criminal record forever.

Like we mentioned before, felony charges generally stay on a person’s record for the remainder of their life. However, there are ways that one may get around this. In Louisiana, an expungement of felony records may be provided 10 years following the completion of a sentence and ONLY if no other convictions (whether 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 Bossier City expungement lawyer like Michael J. Vergis today.

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 is to hire a Bossier City 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

In Louisiana, there are several defenses available to individuals facing felony criminal charges. 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. Defendants can also argue that they acted in self-defense, defense of others, or under duress. In addition, defendants can argue that they lacked the intent necessary to commit the crime or that they were entrapped by law enforcement. 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.