The Louisiana criminal code defines a “crime of violence” as an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. The following enumerated offenses and attempts to commit any of them are included as “crimes of violence”:
- Solicitation for murder;
- First degree murder;
- Second degree murder;
- Manslaughter;
- Aggravated battery;
- Second degree battery;
- Aggravated assault;
- Mingling harmful substances;
- Aggravated rape;
- Forcible rape;
- Simple rape;
- Sexual battery;
- Second degree sexual battery;
- Intentional exposure to AIDS virus;
- Aggravated kidnapping;
- Second degree kidnapping;
- Simple kidnapping;
- Aggravated arson;
- Aggravated criminal damage to property;
- Aggravated burlgary;
- Armed robbery;
- First degree robbery;
- Simple robbery;
- Purse snatching;
- Extortion;
- Assault by drive-by shooting;
- Aggravated crime against nature;
- Carjacking;
- Illegal use of weapons or dangerous instrumentalities;
- Terrorism; and
- Aggravated second degree battery.
With some very limited exceptions, a sentence for a “crime of violence” cannot be suspended or probated; and, as such, a conviction for a “crime of violence” usually cannot be expunged. Therefore, it is imperative that you have the competent representation at all stages of the proceeding.
If you, or someone you know, are facing a crime of violence, contact us today to schedule a free consultation to begin to process of retaining Stephen D. Hébert, LLC - Attorney at Law!
Click here for more information concerning our criminal defense services in other types of cases.