Criminal Defense Lawyers

Decoding Louisiana’s Sentencing Guidelines for Armed Robbery Offenses

Louisiana’s Sentencing Guidelines for Armed Robbery Offenses

Armed robbery is considered a very serious offense in Louisiana; with severe penalties that can land you behind bars for years – even decades. If you’re facing charges, it’s crucial to understand the state’s sentencing guidelines and what factors could impact your sentence.This guide covers everything you need to know about armed robbery sentencing in Louisiana – from definitions and statutes to potential punishments and defenses. We’ll also discuss real-life examples from reddit.com/r/legaladvice and quora.com to give you a better idea of how these cases play out.

What is Armed Robbery in Louisiana?

Armed robbery, as defined by Louisiana Revised Statute 14:64, is the taking of anything of value belonging to another person by use of force or intimidation, while armed with a dangerous weapon.A “dangerous weapon” includes firearms, knives, clubs, or any other instrumentality that could potentially cause death or great bodily harm. Even an unloaded or inoperable gun qualifies as a dangerous weapon under the law.To be convicted of armed robbery in Louisiana, the prosecution must prove beyond a reasonable doubt that:

1. The defendant took something of value from another person or their immediate control/presence
2. Force, violence, assault, or putting the victim in fear was used
3. The defendant was armed with a dangerous weapon at the time

Penalties for Armed Robbery in Louisiana

Armed robbery is considered a crime of violence and is harshly punished in Louisiana. The potential sentences depend on the specific circumstances of the case:Basic Armed Robbery

• Imprisonment at hard labor for not less than 10 years and not more than 99 years, without benefit of parole, probation, or suspension of sentence.

Armed Robbery of a Truck/Trailer or Its Loaded Cargo

• Imprisonment at hard labor for not less than 15 years and not more than 30 years.

Armed Robbery of a Controlled Dangerous Substance from a Pharmacy/Drug Store

• Imprisonment at hard labor for not less than 5 years and not more than 99 years, at least 5 years of which must be served without benefit of parole, probation, or suspension of sentence.

Armed Robbery of a Financial Institution

• Imprisonment at hard labor for not less than 10 years and not more than 99 years, at least 10 years of which must be served without benefit of parole, probation, or suspension of sentence.

Armed Robbery of an Aged/Disabled Person

• Imprisonment at hard labor for not less than 25 years and not more than 99 years, at least 25 years of which must be served without benefit of parole, probation, or suspension of sentence.

In addition to imprisonment, those convicted may face fines of up to $10,000. Repeat offenders face even harsher penalties.

Factors Impacting Armed Robbery Sentences

While the statutory guidelines provide a framework, several factors can influence the actual sentence handed down in an armed robbery case:Use/Discharge of a Firearm
If a firearm was discharged during the robbery, even if no one was struck, the minimum sentence increases to the maximum term of imprisonment prescribed for the offense. So for basic armed robbery, the minimum would be 99 years.

Bodily Injury to the Victim
If the victim suffered bodily injury during the robbery, the minimum sentence is increased by 5 years without benefit of parole, probation, or suspension of sentence.

Prior Convictions
Those with prior felony convictions for crimes of violence or certain drug offenses face enhanced sentences as habitual offenders under Louisiana’s habitual offender law. For example, a second felony conviction could double the sentence.

Juvenile Status
Juveniles (under 18) charged with armed robbery may be tried as adults, subjecting them to the same penalties as adults. However, their age and circumstances are considered as mitigating factors.

Plea Bargains
Many armed robbery cases are resolved through plea bargains where defendants plead guilty to a lesser charge (like simple robbery) in exchange for a reduced sentence. Prosecutors have discretion in these negotiations.

Potential Defenses for Armed Robbery in Louisiana

While armed robbery charges are extremely serious, there are still potential defenses that an experienced criminal defense lawyer may be able to raise, such as:

• Mistaken Identity – If the accused can provide an alibi or other evidence showing they were not the perpetrator.
• Lack of Intent – To be guilty, the defendant must have intended to commit the robbery through force/intimidation while armed. Lack of intent could be a defense.
• Illegal Search/Seizure – If the evidence was obtained through an illegal search or other violation of the defendant’s rights, it could be inadmissible.
• Duress/Coercion – If the defendant only participated due to threats of violence or other coercion, this could potentially mitigate culpability.
• Mental Incapacity – Those suffering from a mental disease or defect that prevented them from understanding right from wrong may have grounds for an insanity defense.

The strength of these defenses depends heavily on the specific facts of each case. An experienced Louisiana criminal defense attorney can review the details and advise on the best strategy.

Real Life Examples from Reddit and Quora

To better illustrate how armed robbery cases play out, let’s look at some real examples posted on Reddit and Quora:

Example 1 (from Reddit):
A 19-year-old was charged with armed robbery for stealing $120 from a gas station while brandishing a BB gun. Despite having no prior record, he was sentenced to 15 years in prison without parole due to Louisiana’s harsh sentencing laws.

Example 2 (from Quora):
A man was convicted of armed robbery of a pharmacy for stealing oxycodone pills while armed with a knife. Due to the drug store enhancement, he received a 25-year sentence, with the first 5 years having to be served without parole eligibility.

Example 3 (from Reddit):
A woman was an accomplice in an armed robbery where her boyfriend held up a convenience store with a gun. Though she never brandished a weapon herself, she was charged as a principal to armed robbery and received a 10-year sentence.These examples demonstrate how even relatively minor armed robberies can lead to extremely lengthy prison terms in Louisiana. The stakes are extraordinarily high.

Why Hire an Experienced Armed Robbery Lawyer?

If you or a loved one is facing armed robbery charges in Louisiana, having a skilled criminal defense attorney is absolutely essential. An experienced lawyer can:

• Scrutinize the evidence and police procedures for potential violations of your rights
• Negotiate with prosecutors for reduced charges or sentences through plea bargains
• Identify and argue any possible mitigating factors or defenses that apply to your case
• Ensure you understand all your options and make informed decisions
• Advocate forcefully for you at trial if your case proceeds that far

Armed robbery charges are among the most serious you can face in Louisiana’s criminal justice system. With such high stakes, you need the best legal representation to protect your rights and freedom. Don’t try to navigate these complex cases alone.For a free consultation on your armed robbery charges in Louisiana, contact the Spodek Law Group at 212-210-1851. Our experienced criminal defense team has successfully handled countless armed robbery and violent crime cases across the state.

To summarize the key points:

• Armed robbery is defined as taking something by force/intimidation while armed with a dangerous weapon
• Sentences range from 5-99 years, with long mandatory minimum prison terms
• Factors like firearm use, victim injury, and priors lead to enhanced punishments
• Potential defenses include mistaken ID, lack of intent, illegal searches, and insanity
• Hiring a skilled lawyer is crucial to navigate these high-stakes cases

While armed robbery charges are undoubtedly serious, a knowledgeable attorney can make a major difference in the outcome. Don’t let a mistake derail your entire life – get the legal help you need today.