Legal Question in Criminal Law in Louisiana

orleans parish, my husband was sentenced to 5 years doc for simple burg & theft 500-1000 (not multi-billed) and also had a probation violation (was on probation for 1 prior felony conviction, simple burg) 2 years doc to run concurrent with the 5 yr sentence. i feel as though this sentence is a bit harsh: used building components, uninhabited dwellings. Is there a possibility of having a sentence review/reduction?


Asked on 12/17/11, 11:01 pm

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

First, was it a plea agreement with a reccomended sentence? If so it is hard to say that the agreement is unreasonable.

On a different view, if the habitual offender bill been filed, the burglary would have been punishable by 6 to 24 years (half to double the 12 year statutory maximum) without parole, probation or suspension of sentence. In other words, he got less than the minimum under the habitual (which the DA had every right to get) paroleable time. He should serve around 2 1/2 years with credit for time served. At least 3 1/2 years was removed from his sentence.

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Answered on 12/18/11, 11:55 am


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