Carl Barkemeyer is a Malfeasance in Office defense lawyer in Baton Rouge, Louisiana. He defends those charged with Malfeasance in Office throughout the State of Louisiana. Whether your charge is in East or West Feliciana, Baton Rouge, or any other parish or town, Mr. Barkemeyer may be able to help.
Malfeasance in Office is a serious felony that requires special attention and experience to adequately defend. These charges can greatly impact the defendant's life. The defendant not only loses his/her job, but must also deal with public scrutiny and the difficulty of not being able to find future employment.
Malfeasance in Office basically falls within one of two statutes. Louisiana provides a statute prohibiting Malfeasance when sexual conduct is involved. This charge carries up to ten years in prison. Mr. Barkemeyer understands the severity of these charges and always fights hard to defend the rights of the accused to get the best possible outcome. See the below Louisiana statutes for more information:
A. Malfeasance in office is committed when any public officer or public employee shall:
(1) Intentionally refuse or fail to perform any duty lawfully required of him, as such officer or employee; or
(2) Intentionally perform any such duty in an unlawful manner; or
(3) Knowingly permit any other public officer or public employee, under his authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to perform any such duty in an unlawful manner.
B. Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.
C.(1) Whoever commits the crime of malfeasance in office shall be imprisoned for not more than five years with or without hard labor or shall be fined not more than five thousand dollars, or both.
(2) In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest at the rate provided in R.S. 13:4202.
A. It shall be unlawful and constitute malfeasance in office for any of the following persons to engage in sexual intercourse or any other sexual conduct with a person who is under their supervision and who is confined in a prison, jail, work release facility, or correctional institution, or who is under the supervision of the division of probation and parole:
(1) A law enforcement officer.
(2) An officer, employee, contract worker, or volunteer of the Department of Public Safety and Corrections or any prison, jail, work release facility, or correctional institution.
B. Whoever violates a provision of this Section shall be fined not more than ten thousand dollars or imprisoned at hard labor for not more than ten years, or both.
C. For purposes of this Section, "law enforcement officer" shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.
Contact Carl Barkemeyer, Louisiana Malfeasance Defense Lawyer, at (225) 964-6720 to discuss legal representation.