Felonies
Louisiana law defines a felony as any crime for which a defendant may be sentenced to death or imprisonment “at hard labor.” Hard labor means incarceration in state prison.
Both violent and non-violent felonies can result in the loss of your freedom and have a serious economic impact. Examples of non–violent felonies are most property crimes like burglary and theft of a value over $1000, most white-collar crimes, and drug charges other than marijuana. If the crime is carried out with a gun, the offense may be elevated to a violent crime.
Some misdemeanor crimes can be escalated to a felony when the person has prior convictions for the same thing. For example, possession of marijuana is a misdemeanor, but third-offense possession of marijuana is a felony. Theft with a value stolen is under $1,000 is a misdemeanor, but a third offense under $1,000 is a felony.
The punishment for some felonies may include a fine, either in addition to or instead of imprisonment. Additionally, if the victim suffered any financial loss, the court must also order restitution as part of any sentence, unless it would create substantial financial hardship for the accused or a dependent.
Many non-violent felony crimes have sentences that are suspended, meaning the person is put on probation and goes to prison only if he or she does not satisfactorily complete all the conditions of probation. The conditions of probation should be focused on rehabilitation. Often times, however, probation is basically just a collection agency for the court, with the only conditions being high monetary obligations of court costs, fines, probation fees, and other fees.
In addition to the financial burden and potential prison time, a felony conviction can make your life difficult in other ways:
• Employers may refuse to hire convicted felons.
• Landlords may require a background check and refuse to rent if a felony conviction appears on your record.
• Potential initiation of Immigration and Customs Enforcement (ICE) deportation or removal proceedings.
• Disqualification from student loans, scholarships, or related financial aid.
• Disqualification from receiving government benefits.
• For sex crimes, the requirement to register as a sex offender with the state registry, which then publishes your convictions and personal information online.
• The loss of your driver’s license after driving-related felony convictions.
• The loss of a professional license or denial of a professional license application.
• Disqualification from graduate school or professional schools.
• Loss of voting rights.
A good attorney with expertise and skill will know and advocate for the best outcome for you, such as:
• Reduction of your criminal charge to a lesser offense (for example, reduce a felony to a misdemeanor);
• Reduction or elimination of jail or prison time (via probation, for example); or
• Placement in a diversion program where your risk of conviction is eliminated if you successfully complete the program.
A criminal defense attorney needs to have the expertise to know when the evidence is lacking and trial is your best defense, or when you need to get the best plea possible.
If you receive a probated sentence, your attorney needs to make sure that you are not being set up to fail with conditions of probation that are impossible to complete. The goal is to get your life back. The only way to get the conviction off your record is with an expungement, and the only way to get an expungement is when you have successfully completed all the conditions of your probation. Janet M. Perrodin will negotiate with the state and insist only on conditions that you can successfully complete.
If a trial is your best defense, Janet M. Perrodin will have a sound defense strategy and be prepared to be a persuasive advocate for you in the courtroom.