Skip to main content
Find a Lawyer

Louisiana Code of Criminal Procedure Tit. XXX, Art. 890.3. Sentencing for crimes of violence

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Except as provided in Paragraph C of this Article, when a defendant is sentenced for any offense, or the attempt to commit any offense, defined or enumerated as a crime of violence in R.S. 14:2(B), the district attorney may make a written recommendation to the court that the offense should not be designated as a crime of violence only for the following purposes:

(1) The defendant's eligibility for suspension or deferral of sentence pursuant to Article 893.

(2) The defendant's eligibility for participation in a drug division probation program pursuant to R.S. 13:5304.

B. In the absence of a written recommendation by the district attorney as provided in Paragraph A of this Article, the offense shall be designated as a crime of violence as a matter of law.

C. The following crimes of violence enumerated in R.S. 14:2(B) shall always be designated by the court in the minutes as a crime of violence:

(1) Solicitation for murder.

(2) First degree murder.

(3) Second degree murder.

(4) Manslaughter.

(5) Aggravated or first degree rape.

(6) Forcible or second degree rape.

(7) Simple or third degree rape.

(8) Sexual battery.

(9) Second degree sexual battery.

(10) Intentional exposure to AIDS virus.

(11) Aggravated kidnapping.

(12) Second degree kidnapping.

(13) Aggravated arson.

(14) Armed robbery.

(15) Assault by drive-by shooting.

(16) Carjacking.

(17) Terrorism.

(18) Aggravated second degree battery.

(19) Aggravated assault with a firearm.

(20) Armed robbery; use of firearm; additional penalty.

(21) Second degree robbery.

(22) Disarming of a peace officer.

(23) Second degree cruelty to juveniles.

(24) Aggravated crime against nature.

(25) Trafficking of children for sexual purposes.

(26) Human trafficking.

(27) Home invasion.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. XXX, Art. 890.3. Sentencing for crimes of violence - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-xxx-art-890-3/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard