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Louisiana Code of Criminal Procedure 894.1 - Sentencing guidelines; generally

Art. 894.1.  Sentencing guidelines; generally

A.  When a defendant has been convicted of a felony or misdemeanor, the court should impose a sentence of imprisonment if any of the following occurs:

(1)  There is an undue risk that during the period of a suspended sentence or probation the defendant will commit another crime.

(2)  The defendant is in need of correctional treatment or a custodial environment that can be provided most effectively by his commitment to an institution.

(3)  A lesser sentence will deprecate the seriousness of the defendant's crime.

B.  The following grounds, while not controlling the discretion of the court, shall be accorded weight in its determination of suspension of sentence or probation:

(1)  The offender's conduct during the commission of the offense manifested deliberate cruelty to the victim.

(2)  The offender knew or should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to extreme youth, advanced age, disability, or ill health.

(3)  The offender offered or has been offered or has given or received anything of value for the commission of the offense.

(4)  The offender used his or her position or status to facilitate the commission of the offense.

(5)  The offender knowingly created a risk of death or great bodily harm to more than one person.

(6)  The offender used threats of or actual violence in the commission of the offense.

(7)  Subsequent to the offense, the offender used or caused others to use violence, force, or threats with the intent to influence the institution, conduct, or outcome of the criminal proceedings.

(8)  The offender committed the offense in order to facilitate or conceal the commission of another offense.

(9)  The offense resulted in a significant permanent injury or significant economic loss to the victim or his family.

(10)  The offender used a dangerous weapon in the commission of the offense.

(11)  The offense involved multiple victims or incidents for which separate sentences have not been imposed.

(12)  The offender was persistently involved in similar offenses not already considered as criminal history or as a part of a multiple offender adjudication.

(13)  The offender was a leader or his violation was in concert with one or more other persons with respect to whom the offender occupied a position of organizer, a supervisory position, or any other position of management.

(14)  The offense was a major economic offense.

(15)  The offense was a controlled dangerous substance offense and the offender obtained substantial income or resources from ongoing drug activities.

(16)  The offense was a controlled dangerous substance offense in which the offender involved juveniles in the trafficking or distribution of drugs.

(17)  The offender committed the offense in furtherance of a terrorist action.

(18)  The offender foreseeably endangered human life by discharging a firearm during the commission of an offense which has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and which, by its very nature, involves a substantial risk that physical force may be used in the course of committing the offense.

(19)  The offender used a firearm or other dangerous weapon while committing or attempting to commit an offense which has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and which by its very nature, involves a substantial risk that physical force may be used in the course of committing the offense.

(20)  The offender used a firearm or other dangerous weapon while committing or attempting to commit a controlled dangerous substance offense.

(21)  Any other relevant aggravating circumstances.

(22)  The defendant's criminal conduct neither caused nor threatened serious harm.

(23)  The defendant did not contemplate that his criminal conduct would cause or threaten serious harm.

(24)  The defendant acted under strong provocation.

(25)  There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense.

(26)  The victim of the defendant's criminal conduct induced or facilitated its commission.

(27)  The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.

(28)  The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the instant crime.

(29)  The defendant's criminal conduct was the result of circumstances unlikely to recur.

(30)  The defendant is particularly likely to respond affirmatively to probationary treatment.

(31)  The imprisonment of the defendant would entail excessive hardship to himself or his dependents.

(32)  The defendant has voluntarily participated in a pretrial drug testing program.

(33)  Any other relevant mitigating circumstance.

C.  The court shall state for the record the considerations taken into account and the factual basis therefor in imposing sentence.

D.  Immediately following the imposition of a felony sentence pursuant to this Article, the sentencing court shall advise the offender in open court whether the sentence imposed was enhanced pursuant to R.S. 15:529.1 et seq., Article 893.3, or any other relevant provision of law.

E.  All victims of felonies who provide a written request to the Department of Public Safety and Corrections, which includes a mailing address, are entitled to receive a written report of the prospective term of imprisonment of their offenders.  The Department of Public Safety and Corrections shall furnish to the victim within ninety days of commitment a report which includes the following information, in a format to be determined by the Department of Public Safety and Corrections:

(1)  The prospective release date of the offender should his sentence be subject to diminution of sentence for good behavior, to the extent that the report shall advise the offender that he may be released upon serving the certain percentage of his sentence as provided for by law.

(2)  The prospective parole eligibility date of the offender should he be eligible for parole pursuant to R.S. 15:574.4 et seq., to the extent that the report shall advise the offender that he may be eligible for release upon serving a certain percentage of his sentence as provided by law.

F.  However, no sentence shall be declared unlawful or inadequate for failure to comply with the provisions of Paragraph D.

Added by Acts 1977, No. 635, §1; Acts 1986, No. 704, §1; Acts 1987, No. 500, §1; Acts 1991, No. 22, §1; Acts 1995, No. 942, §1; Acts 1997, No. 750, §1; Acts 1997, No. 1199, §§1, 2; Acts 2010, No. 350, §1.

NOTE:  See Acts 1991, No. 22, §2, for special effective date.

Comments (8)add comment
jason: ...
can i be sentenced for the same exact crime twice
1

February 17, 2012
Steven Daily: ...
Under some circumstances, yes. For example, defendants are often given a resentencing hearing after some error is found in the original sententencing hearing. In a sense, they are sentenced twice in that case for the same crime, but they only serve one of the sentences.

Also, the government is allowed to separately punish a defendant for two crimes arising from the same incident if each crime contains an element that the other does not.
2

February 17, 2012
stephanie: ...
I live in TN. My son has been arrested with several charges pertaining to PWIT. I'm trying to find out what each charge would be in terms of jail time. So far I haven't been able to find any site that gives this information. Any suggestions?
3

March 15, 2013
Steven Daily: ...
Stephanie,
It is hard to say without knowing what the exact charges are and what prior criminal history your son has. By "PWIT" do you mean possession with intent to distribute (PWID)? What are the "several charges," exactly?

Steve Daily
LawServer.com
4

March 15, 2013
Daraneisha sims: ...
Ok, my boyfriend is on 2 years of probation , his probation started 1-24-13. April 2013 he violated his probation with a new drug charge. If he have to do time in jail how much time of the 2 years will he have to serve?
5

May 10, 2013
Daraneisha sims: ...
In Louisiana
6

May 10, 2013
KIMBERLY BOUDOIN: ...
really guys? ok im a probation officer, maybe I can clear this up whatever the "suspended" jail sentence is, that is the time that gets served if he gets revoked, just bc he has 2 years of probation doesn't mean he has 2 years in jail. however if he does jail time for violating probation that has nothing to do with whatever consequences he will face on the new charges
7

August 21, 2013
yolanda kopecky: ...
im wondering what will happen to my son as he got a felony charge in luisiana he recvieved 8 yrs. suspended 5 yrs probation and has violated his probation but the violation was done in kentucky where he resides, he is in jail for probation in kentucky doing the 3 yrs suspended he got for possesion of paraphernalia what can the out come be from Luisiana? In other words he is on probation in both kentucky and luisiana 3 yrs KY and 5yrs. LA. He violated his probation here in kentucky when he got a dui he is in jail now for 3yrs (which is my understanding) Im wondering will he have to go to LA an do more time? I understand he may not do all 3 yrs in ky but i was curiouse. I was told in Luisiana for each day you do in jail you receive actually 2 days served is that true?
8

September 03, 2013

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