The answer is no (although there can be some exceptions). Injury settlements are generally compensation and, as such, are not deemed income by the IRS and Louisiana taxing authorities. The rare exceptions involve recovery for emotional injuries (where the injuries do not flow from a physical injury) and where punitive damages are obtained (which can occur, for example, in a settlement involving a drunk driver). Trusted and experienced Louisiana car accident attorneys will understand that there might be tax consequences when a Louisiana auto accident claim is settled. Good personal injury lawyers know that there are methods of structuring a settlement that can minimize possible tax consequences. This is one reason it may be wise to schedule a consultation with an experienced Shreveport auto accident attorney like the one at the Law Offices of Philip B. Adams. Use our Contact Page. Below is some additional information on the taxability of Louisiana car accident settlements.
IRS rules and regulations The question of taxability is determined by the federal Internal Revenue Code and various regulations issued by the Internal Revenue Service ("IRS"). In this respect, the IRS has long held that any sort of settlement (or judgment from a lawsuit) is only taxable if it is income. As noted above, most of the money received via a settlement is to compensate an injured victim. This includes compensation for medical bills, costs to repair a vehicle, etc. Since the monies are paid as compensation, they are not income and, therefore, are not taxable. The IRS has also determined that almost every form of compensation that flows from a physical injury is non-taxable. Thus, recovery for lost wages and pain and suffering is deemed compensation and not income. See the IRS tax implications of settlements and judgements. What are the exceptions? As noted above, there are some exceptions to the general rule that Louisiana auto accident settlements are not taxable. If a part of your settlement includes punitive damages, that part can be taxed. This is the IRS rule and flows from the fact that punitive damages are NOT compensation. Rather, punitive damages are a punishment imposed on the at-fault party. Since the money is not compensation, it is deemed income for purposes of taxation. The other main exception involves emotional and mental injuries. The IRS rules state that settlements related to physical injuries are non-taxable. Thus, emotional and mental injuries are non-taxable ONLY IF those injuries flow from -- are directly related to -- a physical injury. Will I have to report the settlement on my tax returns? In many cases, even though the settlement is not taxable, the settlement must still be reported on your tax returns. However, you should consult qualified tax professionals for a more precise answer, and you should rely on their advice with respect to your individual tax returns. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. In Shreveport, Louisiana, manslaughter is a lesser offense than first or second-degree murder. Manslaughter still involves the killing of a human being, but often with circumstances showing that "heat of blood" or passion occurred. A typical example is when a husband comes home and finds his wife in bed with another lover and kills the lover in rage.
In this article, the experienced Shreveport criminal defense attorneys at the Law Offices of Philip B. Adams discuss the elements and potential criminal defenses for the various types of manslaughter charges. Note that a conviction for manslaughter can result in a prison term of up to 40 years. In contrast to a capital murder charge, there is no potential death penalty for manslaughter. What is manslaughter in Louisiana? In Louisiana, the crime of manslaughter is defined in La. Rev. Stat. § 14:31. There are three sections that define the four basic circumstances where manslaughter can be charged. Manslaughter as a "crime of passion" The first circumstance where manslaughter can be charged is when there is intent to kill, but the person doing the killing has been provoked sufficiently to have lost his or her reason. The statute uses the phrasing that the killing "... is committed in sudden passion or heat of blood immediately caused by provocation sufficient to deprive an average person of his self-control and cool reflection." Note that there are five elements in this definition: passion/heat of blood, immediacy, provocation, provocation sufficient to create passion/heat of blood, and the provocation must be of the sort that an average person would be affected. The "immediacy" element is important since the statute goes on to provide that if the jury finds that enough time passes for the passion to cool, then the crime is homicide, not manslaughter. Manslaughter while committing felony or misdemeanor crimes The second and third circumstances where manslaughter can be charged is when there is NO intent to kill (or cause great bodily harm), but the person doing the killing is (i) either engaged in certain felonies or intentional misdemeanors which would not result in a charge of murder or (ii) is resisting arrest by means, or in a manner, that is not inherently dangerous. In effect, these might be considered "accidental" killings where the person is engaged in a crime. In the absence of a crime, such might be charged as negligent homicide or might simply be deemed accidental homicide. Manslaughter while committing a crime of violence The final circumstance where manslaughter can be charged is when there is NO specific intent to kill, but the person is intentionally committing a crime of violence. Again, these cases might be considered "accidental" killings except for the fact that the person is engaged in a crime. For this crime, in addition to other elements, the prosecutors must prove that the defendant was
Note that when a homicide occurs, Louisiana prosecutors will often charge as many murder/homicide charges as possible. Thus, deeply knowledgeable criminal defense is needed to optimally defend each charge. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Shreveport, LA Auto Accidents: Is a Traffic Violation Citation/Ticket Admissible in My Case?12/25/2023
Typically, the answer is "no," but there are some possible exceptions. How and whether a Louisiana traffic citation or "ticket" can be used as evidence in your Louisiana auto accident claim is a bit complicated. We begin by distinguishing your insurance accident claim and what might happen if the car accident case must go to trial in a Louisiana civil court. In Louisiana courts, there are rules of evidence that limit the use of certain types of documents and testimony. A traffic violation ticket is one such piece of evidence – a document. This means that the jury or judge hearing your car accident case may not hear about the traffic citation/ticket. See the case of Shephard ex rel. Shephard v. Scheeler, 701 So.2d 1308 (La. Supreme Court 1997). By contrast, such is not the case when making an insurance claim. The insurance adjuster assigned to your claim may hear about all the evidence, even evidence that might not be allowed at trial. Practically speaking, then, if a traffic ticket is issued by the Louisiana police to the other driver, the insurance company will know about it. So, if the other driver was given a traffic violation ticket, it will support your insurance claim. But, the insurance company employees know the Louisiana rules of evidence, too. So, the fact that the police issued a traffic violation ticket might not help you too much. That being said, experienced Shreveport auto accident attorneys – like the ones at the Law Offices of Philip B. Adams – know that there are options and other methods of excluding or getting certain types of evidence into court. For this discussion, it will help to look at an example. Assume you were injured in a car accident here in Shreveport, Louisiana. Further, assume that the other driver was going 10 to 20 miles over the speed limit and that the cause of the accident was the fact that the other driver was speeding. Speeding is, of course, a violation of Louisiana's traffic laws. The fact that the other driver was speeding will "help" your case since violating traffic laws generally means that the other driver is at fault. An at-fault driver is legally liable to pay compensation for any injuries or property damage caused by the accident. However, in Louisiana, it is necessary to offer evidence that proves each fact, such as the fact that the other driver was speeding. So, some might argue that a speeding citation/ticket can be used as evidence to prove that the other driver was speeding. That might be true for an insurance adjuster, but, as noted, the Louisiana rules of evidence prohibit the use of the traffic ticket as proof that the other driver was speeding. What are the other options? Remember that, in our hypothetical, the goal is to prove the other driver was speeding. The traffic ticket is only one possible method of proving that. Another option is to provide evidence that the other driver pleaded guilty to the speeding ticket. That guilty plea is allowable as evidence to help prove fault. It is also allowable to introduce evidence that the other driver was held guilty of speeding by a judge in a bench trial. In addition, there are still other methods, such as eye-witness testimony from the officer who issued the ticket, testimony from other witnesses, data from the car's "black box" data recorder, and more. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. Generally, the answer is "no" to you being successful for such an appeal. But there are some exceptions. Keep in mind that, very broadly speaking, there are two types of appeals: appeals related to your conviction and appeals related to sentencing. If you plead guilty or accept a plea bargain whereby you plead guilty, it is difficult to successfully appeal your conviction. However, it is less difficult to appeal your sentence. Imagine you plead guilty to a relatively minor offense like simple battery/assault, and the judge sentences you to life in prison. Such a sentence would far exceed what the court is allowed to impose. An appeal should be filed in such a hypothetical. For the remainder of this article, we will focus on circumstances where the guilty plea or the plea bargain might be appealed.
As noted, it is generally difficult to appeal a guilty plea or a plea bargain. With respect to plea bargains, generally, the accused must sign a waiver of appeal as part of the plea bargain. In such circumstances, waivers are valid and enforceable. One possible avenue of appeal after a guilty plea or plea bargain is a claim of procedural violation. For a guilty plea or plea bargain to be valid in Louisiana, the guilty plea/plea bargain must be voluntary, made with an understanding of the nature of the charges and possible sentencing, and with an understanding of rights being given up. To ensure this, Louisiana criminal court judges must follow certain procedures, including:
Finally, the Louisiana criminal court judge will ask you -- the accused -- personally, in an open court, if your plea is voluntary and not the result of force, threats, or promises apart from a plea agreement. If the criminal court judge fails to follow these procedures, then a possible appeal is available on the grounds that the guilty plea/plea bargain was not truly informed and voluntary. For example, if the judge fails to advise the accused of the mandatory minimum sentence before accepting a guilty plea, that failure can be raised on appeal to set aside the guilty plea. An appeal could also be based on failure to understand other consequences of pleading guilty, such as:
Another possible basis for appealing is ineffective assistance of counsel (if the accused had a lawyer). Generally, Louisiana criminal defense lawyers have an obligation to provide the above information to their clients prior to a guilty plea/plea bargain. This can be a difficult type of appeal since, in theory, the judge explained everything that a criminal defense attorney should have explained. But, under some circumstances, ineffective counsel can be used for an appeal. An appeal also might be based on claims of mental impairment and/or lack of mental capacity of a defendant making a plea. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. It is unlikely that a prior Louisiana auto accident will impact your claim or personal injury lawsuit related to a current Louisiana car accident. It is very important to distinguish evidence of a prior accident from evidence of a prior injury. However, evidence of a prior injury might affect your case if the current injuries are the same as or similar to the injuries suffered in the prior accident. Under such a scenario, you still may have a Louisiana personal injury claim, but the claim may be for aggravation of a pre-existing injury. If you have been injured in a Louisiana auto accident and have questions about a past accident or a previous injury, seek a consultation with an experienced Shreveport auto accident attorney like the ones at the Law Offices of Philip B. Adams. To schedule a consultation, use our Contact Page.
Assuming no commonality of injuries between both accidents, the reason that a prior Louisiana auto accident will likely have little or no impact on your current claim or personal injury lawsuit is that there are several Louisiana evidentiary rules that limit the use of prior acts and/or prior events at trial. Generally, rules of evidence determine what kind of evidence can be used at any civil or criminal trial. As an example, there is a rule of evidence that limits evidence to things that are relevant to a given case. If the case involves a Louisiana auto accident, for obvious reasons, it would almost always NOT be relevant to introduce evidence about the divorce proceedings of the victim or the driver accused of causing the accident. Matters related to a divorce are generally not relevant to the proof necessary in a car accident case. Likewise, evidence related to prior accidents is generally excluded because relevance is often lacking. A prior accident involving sliding on slippery, wet roads is not likely to be relevant to a current accident involving an allegation of running a red light unless there is an argument about aggravation of pre-existing injuries. Evidence of other car accidents is generally inadmissible because there is a substantial risk of grave prejudice because the jury might hold a person legally liable, not for the current accident, but for the past accident. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams; if you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our “Contact Us” page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. One of the rights guaranteed by the U.S. and Louisiana Constitutions is the right to counsel. That is the right to consult with and retain a Louisiana criminal defense attorney. The U.S. Supreme Court confirmed this right in the case of Miranda v. Arizona, 384 U.S. 436 (1966).
As a criminal defendant, you have the right to a lawyer AT THE START of the criminal proceedings, not just at the time of trial. That is, you have a right to have your lawyer present at the very beginning when, for example, law enforcement officials are asking you questions. When the police ask you questions, this is legally considered an INTERROGATION. You probably want your lawyer present when the police are interrogating you. To exercise your right to a lawyer, all you have to do is say something like, "I want my lawyer." You can be more formal and say "I exercise my right to a lawyer and refuse to speak until my lawyer is present." But, the phrasing is not important. Any unambiguous statement that indicates you want a lawyer is an exercise of your Constitutional right to an attorney and/or your right to remain silent. After that, the interrogation by the police must end. If the police continue to question you, they are violating your rights, and anything you might say will likely be excluded from use at your trial. However, there is a large exception to this rule where you can be deemed to have WAIVED your right to counsel. This can happen if, AFTER demanding your attorney, YOU begin a conversation with the police. This can also happen if, after demanding your attorney, the police provide you with information -- not questioning you, just providing information -- and then YOU just start giving information to the police. Under either circumstance, the judge will likely say that you WAIVED your right to an attorney being present during a police interrogation. This is what happened in the Louisiana criminal case of State v. Scott, 360 So. 3d 92 (La: Court of Appeals, 5th Circuit 2023). In that case, Osiris L. Scott was arrested for armed robbery and felon-in-possession of a gun-related to a carjacking. When Scott was in the police interrogation room, the police lieutenant Renaudin read Scott his rights. Thereafter, Scott said that he "wanted a lawyer." The lieutenant asked Scott if he wanted a lawyer right then or wanted to sit and listen to what the lieutenant had to say. According to the video of the interrogation, Scott responded, "Yeah, I want a lawyer, but I want to hear what you have to say." The lieutenant then explained the investigation, the evidence the police had collected showing the defendant's involvement in the carjacking, encouraged Scott to tell his side of the story, talked about closure and rebuilding his life, and allowed Scott to write an apology letter to the victim and her kids. At various points, Scott made statements like "I didn't want to hurt nobody" and explained that the gun was not real, that he just wanted the car, and he wanted a fix. Scott also told the lieutenant that the gun involved (and other items) were thrown away in New Orleans. Later in the case, Scott's attorney argued that all of Scott's statements made in the interrogation room should be excluded from use at trial because Scott made all the statements after asking for his lawyer. However, the trial just denied Scott's motion to suppress. The judge held that, despite Scott's request for counsel, Scott voluntarily, and on his own initiative, subsequently made the statements and admissions regarding his involvement in the carjacking. On appeal, the Louisiana Court of Appeals agreed. The Scott case is a good example of what NOT to do if you are in a police interrogation room. If you ask for a lawyer, then say nothing until your experienced Louisiana criminal defense lawyer arrives. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Have you been injured in a pedestrian-motor vehicle accident here in Shreveport or Caddo Parish, Louisiana? Pedestrians who are hit by cars, trucks, and other motor vehicles often sustain serious and severe injuries. Injured victims are entitled under Louisiana laws to file insurance claims against the at-fault party (or parties). Victims are also entitled to file personal injury lawsuits to recover compensation if they are not able to settle their insurance claims. If you have been injured in a pedestrian-motor vehicle accident, an important first step is to seek a consultation with an experienced Shreveport pedestrian accident attorney like ours at the Law Offices of Philip B. Adams. Please use our Contact Page and act quickly because there is a one-year deadline for filing Louisiana pedestrian-motor vehicle injury lawsuits. We are experienced Louisiana accident attorneys. Contacting us is free, and no obligation arises. We handle pedestrian accident cases as contingency fee cases. That means you pay nothing unless we obtain compensation on your behalf. Who is at fault in a Shreveport, LA pedestrian/auto accident? Obviously, the fault is determined by the unique and individual facts of the case. However, most often, the driver of the motor vehicle is determined to be "at fault." Under Louisiana law, drivers have various duties that they must satisfy. One is called the "duty of care," which means that every driver must be careful not to injure others. This also means being watchful for other drivers, pedestrians, motorcyclists, and bicyclists using the road. When pedestrians are using the roads, drivers of motor vehicles have a duty to be MORE careful since cars and trucks are much more massive than people. In addition, pedestrians are very vulnerable, having no protection against injury. Pedestrians are also slower than motor vehicles. These are some of the main reasons that pedestrians are prone to being seriously injured if they are hit by a motor vehicle. These are also some of the reasons that drivers must be more careful and more watchful for pedestrians. Because of the foregoing, drivers are most likely to be held liable to pay compensation for injuries sustained by pedestrians in motor vehicle accidents. What if I was walking in the street? Depending on the facts, a pedestrian might be held partially "at fault" for a pedestrian-motor vehicle accident. However, the victim is still entitled to compensation. If the victim was walking in the street, that might lead to a finding that the victim was partially at fault. What happens is that the jury (or another fact-finder) will decide how much fault the victim bears in relation to the driver. If the victim is deemed 10% "at fault," then the driver is 90% "at fault." From there, the total award of compensation is divided by the percentage of fault. In this example, the driver will be responsible for 90% of the compensation awarded. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. In Shreveport, Louisiana, first-degree murder carries a potential death sentence. By contrast, second-degree murder carries a life sentence without parole. The crimes are similar in that the death of a human being and intent is required. However, first-degree murder involves various defined "other factors," such as the killing of a police officer or a killing for hire. In this article, we will discuss the elements and defenses for second-degree murder. If you are arrested and charged with second-degree murder, contact an experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.
What is second-degree murder in Louisiana? Second-degree murder in Louisiana is criminalized by La. Rev. Stat. § 14:30.1. There are three basic circumstances in which second-degree murder can be charged. These are General second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) With "specific intent" -- this is a willful desire to end a person's life (or cause great bodily harm) OR Felony murder second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) When the offender is engaged in the perpetration or attempted perpetration of any of the following crimes: aggravated or first-degree rape, forcible or second-degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second-degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first-degree robbery, second-degree robbery, simple robbery, cruelty to juveniles, second-degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm OR Drug death second-degree murder: (1) Where the offender kills another or inflicts great bodily harm that results in death (2) When the offender unlawfully distributes or dispenses controlled dangerous substances (drugs) or distributes/dispenses to another who subsequently distributes or dispenses such controlled dangerous substances, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance. Punishments As noted, the death sentence is not available for those convicted of second-degree murder in Louisiana. In Louisiana, being convicted of second-degree murder results in life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. Potential Defenses Potential defenses include a number of criminal defenses that apply to many different types of crime. These include various innocence defenses like alibi and misidentification. Other defenses might be based on constitutional rights and/or police procedure. Still, other defenses might hinge on the elements of the crime and the prosecutor's failure to prove it. For example, can the prosecutors prove beyond a reasonable doubt that the killing was done by the accused (as opposed to some form of natural death)? As another example, with drug death second-degree murder, the prosecuting attorneys might not be able to prove that "your" alleged drugs were the ones that directly caused the death of the person involved. After all, at some point, "your" alleged drugs left your possession, and who is to say that "your" drugs did not get mixed up with other drugs? Plus, of course, it is difficult to prove that the alleged drugs were the "direct" cause of death. As another example, with felony murder and second-degree murder, the prosecutors may have difficulty proving the perpetration or attempted perpetration of the predicate crime. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. Shreveport Auto Accident Attorneys: What Should I Do After a Tractor-Trailer Truck Accident?11/13/2023
If you or someone you love has been injured -- or killed -- in a Shreveport auto accident or a Shreveport tractor-trailer accident, Louisiana law entitles you and/or your loved one to full compensation for the injuries and property damage. The size and mass of 18-wheeler and tractor-trailer trucks on Louisiana roads and highways magnify the chances of severe injuries and fatalities. This is particularly true when the accident involves a passenger vehicle.
Louisiana big rig trucks are massive compared to passenger vehicles. They also can be difficult to manage and maneuver, have large blind spots and, because of their mass, commercial trucks need significant road space to effectively brake in the event of an emergency. After a Louisiana auto or big rig truck accident, there are two general things that should be done. Seek medical care/treatment, and take steps to improve the chances of success in your insurance claim and Louisiana traffic accident lawsuit against the at-fault driver. In terms of seeking medical care/treatment, if you are able, the first step is to call 911 for emergency assistance. The 911 call brings the police and ambulance services (and the fire department if the situation involves a fire or a danger of fire exists). Next, do not leave the scene of the accident and wait for the paramedics to arrive. Allow the paramedics to examine you AND go to the emergency room. This is important. Sometimes, there are no obvious injuries. For example, you may not be bleeding or have any significant pain. However, it has been demonstrated in thousands of cases that some injuries are latent after an accident and will not manifest until the next day or even days later. Getting immediate medical attention is important for your health and for your potential insurance claim/lawsuit. A medical report is needed, for example, as part of your proof of injury for your insurance claim against the truck driver and the trucking company. Collecting various types of evidence will help you prove your case. Many suggest that you take photos at the accident scene. To be honest, an injured victim must concentrate on obtaining medical care and treatment and, typically, does not have the wherewithal to take photos. Moreover, the police and others will likely take photos. That being said, since nearly every phone is a camera, if you or a friend can take some photos of the vehicles and the scene of the accident, then do so. What might be more important is photos of your injuries. There is more time to take such photos after the initial visit to the emergency room and preliminary medical care has been obtained. Take photos of cuts, bruises, and other visible signs of your injuries. Lately, these photos can be used as evidence for the insurance adjusters and for the judge/jury. Another useful way to gather evidence is to begin keeping a diary or journal related to your injuries, treatment, and recovery. A few notes each day are probably sufficient and can also be used as an aid to memory as your case progresses. Further, as soon as you are able, begin collecting the medical bills and other documents related to your damages. These documents will include other bills or repair estimates and will also include evidence of lost time from work and other lost income. One other key to potentially maximizing your chances of success is to refrain from talking to the insurance company representatives. You may benefit from first talking to an accident lawyer prior to any insurance company contact. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog and visiting our website. In Louisiana, sexual battery is a crime defined as unwanted or unconsented sexual touching of another, or coercing the victim into touching the accused in a sexual manner. Criminal elements of sexual battery in Louisiana are the same as the criminal elements of rape, except that the sexual behavior falls short of oral, anal, or vaginal sex, which all involve some form of penetration (however minor). If you are arrested and charged with sexual battery, contact an experienced Shreveport criminal defense attorney at the Law Offices of Philip B. Adams.
Sexual touching generally involves the touching of commonly understood erogenous zones, including the genitals, buttocks, and breasts. Generally, the touching of these erogenous zones must be related to some sexual desire. Legally, this is often called touching for the purposes of "prurient arousal." This is one reason that doctors and medical professionals commit no crime when giving medical examinations. They are touching for purpose of examination and not arousal. From an allegation of sexual battery, there are two potential criminal defenses: the alleged touching did not involve an erogenous zone, and/or it was not aimed at prurient arousal. Sexual battery is a crime of intent. Thus, if charged, the Louisiana prosecuting attorneys must prove -- beyond a reasonable doubt -- that the sexual touching was done with intent. Thus, an accidental touching of erogenous areas will not be a crime. From this, we can see another possible criminal defense: the touching was accidental and/or inadvertent. The next criminal element of Louisiana sexual battery is lack of consent. That is, to obtain a conviction, the Louisiana prosecutors must prove that the victim did not consent to the sexual touching. Thus, consensual sexual touching is a potential criminal defense to charges of sexual battery. However, consent is NOT always a defense since some victims are too young to consent to sexual activity and touching. Thus, there is the concept of statutory sexual battery -- sexual touching of a person under the age of 17. Louisiana criminal law presumes that those under the age of 17 cannot give consent to sexual behavior. Note that statutory crimes are strict liability in the sense that an accused's belief that the victim was "of age" will not be a criminal defense. Lack of consent also involves various types of circumstances where consent cannot be given for physical and/or mental reasons. These include cases where the victim is mentally or physically incapacitated, such as where the victim has taken drugs, has been drugged, has drunk too much alcohol, is unconscious, etc. These also include cases where the victim lacks sufficient intelligence -- has clinical mental retardation, for example -- to understand the nature and meaning of sexual behavior. Lack of consent also involves cases where the victim cannot physically resist because the victim is paraplegic, quadriplegic, or otherwise physically incapable of resisting. Finally, lack of consent also involves various types of circumstances where consent is "given" under threatened or actual use of force, violence, or the withholding of food/water or under other types of threats. The latter can occur, for example, in elder abuse cases in nursing home care facilities. If the victim has been intimidated, there is no consent to sexual touching or fondling. Other potential defenses include innocence. This might involve an alibi defense, a victim misidentification, etc. There may also be criminal defenses based on violation of Constitutional protections, law enforcement failures concerning legal procedures, and, maybe, failures related to evidence such as faulty lab test results. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. |