Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Aggravated Crimes Against Nature in Louisiana
Aggravated crime against nature is also considered in the state of Louisiana and persons found guilty of any of these charges would stand a chance in facing harsh fines and penalties which could be a lot harsher if there are minors or children involved.
Crime against nature is the form of sexual activities that are not thought of as the traditional acts of copulation between men or women example being having vaginal rights penile sexual activities. Any activity outside the above mentioned would be considered a crime against nature.
Louisiana and a few other states such as Kansas and North Carolina still maintain the title of the law including the aggravated crime against nature. These laws have serious consequences attached to them which would require a good criminal defense attorney to represent in court to get charges dropped or reduced significantly.
When a person is charged with such a crime, it makes it harder to find a job and they might lose the job they already have. It stays on their criminal record and worst of all, they get to face sentences and pay heavy fines. Some sentences last as long as 15 years. Hiring a good criminal defense attorney to explain why the law to you and make sure to work hand in hand with prosecutors, investigators for you is the best option.
Aggravated crime against nature under La RS 14:89.1 is a crime against nature which has been committed under certain circumstances which could include force and threats. There are many circumstances which could lead to being charged with this crime and they include:
- When a victim tries resisting the copulation of the act but instead, such resistance is then overcome through the use of force.
- When a victim is prevented as they try resisting any of these acts with other kinds of coercion such as threats and violence which could lead to bodily harm and possibly death.
- When an offender is armed with a dangerous weapon, making it hard and almost impossible for the victim to resist such an act.
- When a victim cannot resist the act due to the fact they might have limiting factors such as imbecility, idiocy and other forms of unsoundness of mind, be it temporary or permanent. It is obvious the victim is not in a good position to give consent and the offender knew this yet to the advantage of the situation.
- When the victim is not able to resist or understand anything that has to do with the act due to the fact they have either been drugged or are under any influence which could have been instigated by the offender or not.
- When a victim is drunk or in an abnormal condition which the offender could have been aware of yet went on with the act.
- When the victim is under the age of 17 and the offender is at least 3 years older.
The offenses of these crimes can lead to years in prison with thousands of dollars paid as fines the case may be. It is important to know that the law has also given chance to offenders or alleged offenders to get the criminal representation to either the case dropped completely or even reduced significantly. Whichever the situation, a good criminal defense lawyer is the best way to handle the situation.
Whoever is found guilty of committing an act of aggravated crime against nature shall be faced with hard labor, no prison time less than 3 years or more than 15 and this could be without parole or probation
According to the statute, it says a person would be charged for aggravated sexual assault if they do the following in a violent or any other manner which is considered a felony:
- A person engaging in such an act with another person who is under the age of 18 years of age and who is known by all to be related to the offender in any way from biological to adoptive to step. It could be a child, grandchildren, half brother or half-sister, aunt or uncle, niece or nephew.
This can include the fondling of victims in a situation to get them sexually aroused, or get the offender sexually aroused or even both. The fine of such an act according to the state says that a person who commits an aggravated crime against nature shall be fined a total of amount not more than $50,000 and serve jail time for nothing less than 5 years and not more than 20 years. They also stand a chance of facing both.
Whoever is found guilty of committing a crime of aggravated assault against nature in some sections of the statute to an individual under the age of 13 years and an offender who is 17 years or older would also face imprisonment and hard labor. They can serve nothing less than 25 years and nothing more than 99 years in prison with the larger part of the year not having a benefit of probation, parole or suspension.
Carl Barkemeyer, Criminal Defense Attorney
Carl Barkemeyer understands how difficult it can be to be prosecuted for a crime as well as how daunting, this is why we give the most aggressive defense and representation you can ask for in court. If you have been charged for any of the above crimes, the next best step is to seek out our help by calling us immediately. This enables us to start processing your case as early as we can.
We work hand in hand with prosecutors and investigators to make sure we don’t live any stone unturned. Being charged with such a crime is considered a felony in the state of Louisiana and if you need a criminal defense attorney in Baton Rouge, you have come to just the right place. Contact us here at Carl Barkemeyer, Criminal Defense Attorney to begin working on your case or that of your loved one today?
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Louisiana DWI & Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.