Understanding a Violent Felony Charge
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What is a "crime of violence?"
A violent felony charge is a felony that is classified as a "crime of violence".
The Louisiana criminal code defines a “crime of violence” as an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon.
The following enumerated offenses and attempts to commit any of them are included as “crimes of violence”:
- Solicitation for murder
- First degree murder
- Second degree murder
- Manslaughter
- Aggravated battery
- Second degree battery
- Aggravated assault
- Mingling harmful substances
- Update: Repealed by Acts 2017, No. 281, §3.
- Aggravated rape [As of 2015 this is now labeled First degree rape]
- Forcible rape [As of 2015 this is now labeled Second degree rape]
- Simple rape [As of 2015 this is now labeled Third degree rape]
- Sexual battery
- Second degree sexual battery
- Intentional exposure to HIV
- Aggravated kidnapping
- Second degree kidnapping
- Simple kidnapping
- Aggravated arson
- Aggravated criminal damage to property
- Aggravated burglary
- Armed robbery
- First degree robbery
- Simple robbery
- Purse snatching
- Extortion
- Update: Repealed by Acts 2017, No. 281, §3.
- Assault by drive-by shooting
- Aggravated crime against nature
- Carjacking
- Illegal use of weapons or dangerous instrumentalities
- Update: Repealed by Acts 2017, No. 281, §3.
- Terrorism
- Aggravated second degree battery
- Aggravated assault upon a peace officer
- Aggravated assault with a firearm
- Armed robbery; attempted armed robbery; use of firearm; additional penalty
- Second degree robbery
- Disarming of a peace officer
- Stalking
- Second degree cruelty to juveniles
- Aggravated flight from an officer
- Battery of a police officer
- Trafficking of children for sexual purposes
- Human trafficking
- Home invasion
- Domestic abuse aggravated assault
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Vehicular homicide, when the operator's blood alcohol concentration exceeds
0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood.
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Domestic abuse battery punishable under R.S. 14:35.3(L), (M)(2), (N), (O), or (P)
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Battery of a dating partner punishable under R.S. 14:34.9(L), (M)(2), (N), (O), or (P)
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Violation of a protective order if the violation involves a battery or any crime of violence as defined by this Subsection against the person for whose benefit the protective order is in effect