Damico & Stockstill, Attorneys at Law

Baton Rouge Criminal Defense Law Blog

Using self-defense as a defense action against a murder charge

Being accused of a violent crime is a serious situation to be in. The penalties associated with such a crime can be severe, causing a person's present and future to be significantly impacted. Thus, it is vital to understand what can be done to reduce the criminal consequences associated with a violent crime, such as murder or manslaughter. A strong criminal defense could help reduce or even dismiss the charges against a defendant.

Most people associate self-defense as a mechanism to prevent another from causing harm. However, if the harm attempted against another is deadly, the victim of that crime can defend him or herself with deadly force. It is essentially universally accepted that a person may protect him or herself from harm under the appropriate circumstances. This is true even when such conduct or behavior would usually constitute a crime.

Hypoglycemic? Things you should know about Breathalyzer tests

If a police officer pulls you over in traffic, you can bet he or she is going to claim to have had reasonable cause to do so. Whether that means you're tail light was not functioning or the officer allegedly caught you on a radar gun traveling at speeds that exceeded the posted limits in the area, the end result of the traffic stop may be a mere warning, a written citation or worse.

The latter may include many different issues, such as the officer asking you to exit your vehicle, which typically means he or she suspects you of drunk driving or some other impairment. At this point, it's critical that you clearly understand your rights and know where to seek support to help protect them. As the situation unfolds, the officer may ask you to take a breath test. Do you know that if you're hypoglycemic, the results of your test may mistakenly register positive for alcohol on your breath?

Louisiana DUI can put a damper on future opportunities

You'd likely be hard-pressed to find someone in Louisiana who hasn't made a poor choice that he or she later regretted at some point in life. Life is a journey and a learning experience. While we typically hope that our good choices will outweigh the bad, it doesn't always happen that way and how we react to negative consequences, as well as what types of resources we tap into to help us rebound from a bad situation may be key to rising above our problems and starting afresh in life.

You may undoubtedly find some types of situations more trying than others. For instance, if you've gone through divorce, you may consider it one of the most emotionally (and perhaps, legally) challenging experiences in your life to date. Facing DUI charges in this state or elsewhere would also probably rank high on your "difficult life situations" list. In fact, DUI convictions can have far-reaching, long-lasting negative implications. How well you're able to mitigate your circumstances may largely depend on the type of support system you build.

What constitutes first-degree murder in Louisiana?

The death of a person is a tragic event. And being accused of causing a death is a very serious situation to be in. Whether it is someone you know or not, facing a murder charge is one that not only has severe potential penalties but also has the ability to harm one's personal and professional reputation. Thus, it is vital to explore criminal defense options as a means to reduce and even prevent these consequences from occurring.

What constitutes first-degree murder in Louisiana? This offense occurs when a human being is killed and the offender has specific intent to kill or to inflict great bodily harm. Additionally, the offender engaged in the perpetration or attempted perpetration of an aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape, forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery and other similar offenses.

Helping professionals with while collar crime allegations

Fraud is considered a deceitful act. It is also an act that could cause a person to face white collar crime charges. Whether an individual is a respected professional or a regular employee, anyone can be accused of fraud in the workplace. These charges, however, are serious, as they not only carry with them serious penalties but could also harm a person's reputation and career.

Allegations of fraud can be very damaging, especially if you are a well known professional in the community or a public figure, such as a politician. At Damico & Stockstill, Attorneys at Law, our experienced criminal attorneys have helped attorneys, CPAs CEOs, CFOs, board members, corporate employees, physicians and public officials address allegations of white collar crimes.

Restitution and criminal consequences

When charged with a crime, those accused often think about the penalties he or she might have to endure if a conviction results. This typically comes in the form of jail time and fines. For some crimes, such as white collar crimes, the victims harmed by the supposed crime could be owed restitution. Thus, offenders convicted of a crime may have to pay a certain amount of money in order to make a victim whole again.

When convicted of a crime, the judge determines what criminal consequences a defendant will face. When evidence indicates that the victim of a crime suffered some form of financial setback, restitution might be ordered as a means to restore a victim financially to the point where he or she was prior to the commission of the crime.

What are the penalties for cocaine?

Being accused of a drug crime could mean serious penalties. With regards to drug sales or drug trafficking allegations, this does not only mean facing charges based on the states laws but could also mean facing federal charges as well. Because the penalties associated with a drug charge could be tremendous, it is vital to take the time to explore criminal defense options.

Louisiana is tough on drugs, especially cocaine. Whether it is in powdered form or crack, this is one of the state's most heavily trafficked illegal substance. Thus, the state passed laws to penalize those using and distributing the drug as a means to deter individuals from using this drug and crack down on sales and possession in the state.

What does it mean to be booked?

If you've ever seen the old TV show "Dragnet," you may recall a detective inevitably saying, "Book 'em, Danno" at some point during every episode. The phrase refers to processing a suspect into the criminal justice system when a police officer has made an arrest. In other words, if a law enforcement agent is booking you, he or she suspects you of a crime, and you are going to spend at least the next half hour, several hours or longer behind bars.

If you've never visited a police station, such circumstances can be frightening. You may see and hear things that shock you if there are other situations unfolding at the time. Once the booking process is complete, three things may occur: They might release you after signing a promise to appear in court. A judge might set a bail amount to secure a financial guarantee in addition to the documents you sign. You might stay in jail. Louisiana law guarantees your right to request legal support.  

Baton Rouge man arrested on multiple drug charges

Our past can be very relevant in our present and future. Whether it happened a decade ago or a year ago, a criminal record can haunt a person, especially when an individual is accused of a crime. A criminal allegation alone could mean serious penalties; however, a criminal history could make the consequences harsher. Thus, no matter if this is your first criminal charge or not, it is important for defendants to explore their criminal defense options.

According to recent reports, a Baton Rouge man was arrested for various drug charges as well as other criminal allegations. Reports indicate that the man was wanted on several charges when law enforcement in Ascension Parish apprehended the 41-year-old man. Police claim that the man was wanted for heroine distribution, possession of marijuana, aggravated obstruction of highway, aggravated flight from an officer, reckless operation and disobedience to signs.

The penalties associated with embezzlement

As previously discussed, it is not uncommon for individuals to face criminal allegations that stem from their work duties. For those entrusted or tasked to handle money or the finances in the workplace, one might be accused of any issues or mishaps that occur with the revenue of a business. However, embezzlement allegations are serious, and while this crime can be based on various actions, the truth of the matter is that the penalties can be very harsh and life impacting. Thus, it is important to understand these changes, what criminal consequences could occur and how best to move forward with a criminal defense.

Embezzlement is a theft crime. This means that it involves the misappropriation or the taking of money or anything of value belonging to another, either with or without the consent of the other person. This could be accomplished through fraudulent conduct, practice or representation. Regardless, there must be the intent to deprive the other of this property, whether it is through misappropriation or taking.

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Damico & Stockstill, Attorneys at Law

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