Understanding A Violent Felony Charge

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”:

1. Solicitation for murder 
2. First degree murder 
3. Second Degree Murder 
4. Manslaughter 
5. Aggravated battery
6. Second degree battery 
7. Aggravated assault 
8. Aggravated kidnapping of a child
9. Aggravated or first degree rape
10. Forcible or second degree rape
11. Simple or third degree rape
12. Sexual battery
13. Second degree sexual battery 
14. Intentional exposure to AIDS virus 
15. Aggravated kidnapping 
16. Second degree kidnapping
17. Simple kidnapping
18. Aggravated arson
19. Aggravated criminal damage to property 
20. Aggravated burglary
21. Armed robbery
22. First degree robbery 
23. Simple robbery 
24. Purse snatching
25. False imprisonment; offender armed with a dangerous weapon 
26. Assault by drive-by shooting 
27. Aggravated crime against nature 
28. Carjacking 
29. Molestation of a juvenile or a person with a physical or mental disability 
30. Terrorism
31. Aggravated second degree battery 
32. Aggravated assault upon a peace officer 
33. Aggravated assault with a firearm
34. Armed robbery; use of firearm; additional penalty
35. Second degree robbery
36. Disarming of a peace officer
37. Stalking 
38. Second degree cruelty to juveniles 
39. Aggravated flight from an officer 
40. Sexual battery of persons with infirmities 
41. Battery of a police officer
42. Trafficking of children for sexual purposes 
43. Human trafficking
44. Home invasion
45. Domestic abuse aggravated assault 

46. 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

47. Aggravated assault upon a dating partner 

48. Domestic abuse battery punishable under R.S. 14:35.3(L), (M)(2), (N), (O), or (P)

49. Battery of a dating partner punishable under R.S. 14:34.9(L), (M)(2), (N), (O), or (P)

50. Violation of a protective order punishable under R.S. 14:79(C)

51. Criminal abortion

52. First degree feticide 

53. Second degree feticide 

54. Third degree feticide

55. Aggravated abortion by dismemberment 

56. Battery of emergency room personnel, emergency services personnel, or a healthcare professional

57. Possession of a firearm or carrying of a concealed weapon by a person convicted of certain felonies in violation of R.S. 14:95.1(D)
58. Distribution of fentanyl or carfentanil punishable under R.S. 40:967(B)(4)(f)
59. Distribution of heroin punishable under R.S. 40:966(B)(3)(b) 
60. Simple burglary of an inhabited dwelling when a person is present in the dwelling, house, apartment, or other structure
61. Illegal use of weapons or dangerous instrumentalities