How Is Baton Rouge Criminal Law Unique?
Here are some of the unique aspects of criminal laws in Baton Rouge:
Refusing a breath test
Beginning in 2009, drivers in Louisiana who refuse a breath test for blood alcohol concentration (BAC) when they are stopped on suspicion of DUI will face more severe legal penalties than those who submit to a breath test. Drivers who refuse a breath test will receive a mandatory one year driver's license suspension. If a person refuses more than one breath test within five years, the driver's license will be automatically suspended for two years.
Justifiable homicide
Recently-enacted laws in Louisiana regarding justifiable homicide are very controversial. The so-called Shoot the Burglar and Shoot the Carjacker laws contain the most permissive standards for justifiable homicide in the nation. Many states allow the use of deadly force to prevent bodily harm, death, or the commission of a felony. The Louisiana laws go even further, saying that deadly force is justified if it is necessary to prevent a person from unlawfully entering a dwelling or place of business, or to compel a person who has unlawfully entered to leave the premises.
No unanimous jury verdict needed for a conviction
Unlike federal criminal courts and almost all state criminal courts, the state of Louisiana does not require a unanimous jury verdict to convict a person of any crime except first-degree murder. One or two jurors can vote to acquit, but the defendant will still be found guilty. If you have been accused of a crime, this aspect of Louisiana criminal law may impact your decision of whether you want to exercise your right to a trial by jury.
Death penalty
Louisiana is one of 38 states that authorize the death penalty. As of 2009, there were 84 inmates on death row in Louisiana. While no one has been executed in the United States for a crime other than murder since 1964, a Louisiana law allowed the death penalty in cases of child rape when the victim did not die, until the law was struck down as unconstitutional by the U.S. Supreme Court in 2008.
Because Baton Rouge criminal laws are complex, you need a defense attorney experienced in the nuances of the Louisiana legal system to ensure that you receive a fair trial.
Criminal Law in Baton Rouge
If you or a loved one has been charged with a crime, attorneys at The Spano Law Firm can help. For our clients' convenience, we maintain a flexible schedule and have a 24-hour hotline available. To schedule a free initial consultation to discuss your case with us, call 225-341-7506 or fill out the online contact form to schedule a free initial consultation regarding your case.
