Simple obstruction of a highway of commerce is regarded as a misdemeanor in Louisiana. According to Section 14:97 in the Louisiana Statutes, a simple obstruction of a highway of commerce is a conscious or intentional or the criminally negligent placing of something or a performance of any kind on a railroad, railway, highway, road, airport runway or any other highway of commerce which in essence makes movement on those places difficult. This is a common crime as there is no threat to human lives. This is exactly why it is considered a misdemeanor.
Well, whether it is a misdemeanor or not, as long as it is a crime, it is punishable by law. Of course, it is an offense to bring about the breach of movement by causing a barrier or placing materials which can be an obstruction.
A. Simple obstruction of a highway of commerce is the intentional or criminally negligent placing of anything or performance of any act on any railway, railroad, navigable waterway, road, highway, thoroughfare, or runway of an airport, which will render movement thereon more difficult.
B. Whoever commits the crime of simple obstruction of a highway of commerce shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both.
Acts 2014, No. 791, §7.
Actually, there are so many crimes that can be committed under a simple obstruction of a highway of commerce. In truth, you may not even see it as an offense but it is. This is exactly why you need to know about all the laws guiding the state you are residing in so you will know what counts as an offense and what does not. A simple thing such as a hanging tree or debris is an offense. Well, that's why it is called a simple obstruction, isn't it?
Other things that count as a simple obstruction of a highway is blocking the road with building materials such as cement, mud and the rest of them, roadworks, advertising products on the highway, hawking goods, a protest, scaffolds, hoarding and in fact anything that will restrict the movement of road users. Bear in mind that this also applies to waterways and railways.
It could be placing illegal signs on a street or carrying out illegal constructions on a highway. Onlookers, road users or passers-by could do the reporting or you could be seen by a traffic warden or any official. Whichever one it is, you are first arrested and charged with an offense of simple obstruction of a highway of commerce. You don't need to panic or try to defend yourself at that instant. Getting a lawyer and making your statement will be the right step to take.
The offense may be intentional or not done consciously but you may be charged for the offense first and then your criminal defense attorney will try to help you out in that regard. Other than that, you need to be careful to make sure you aren't doing anything which may count as a simple obstruction of a highway of commerce. Since it is a misdemeanor, the case might be quite easy unlike when it is an aggravated obstruction of a highway of commerce which threatens human lives and is a felony in the process. In this case, since the endangerment of human lives is involved, the case becomes a complex one.
Since the crime is a minor one, the penalty for the offense is usually light. All misdemeanors have light penalties, depending on the state though.
According to the Louisiana Statutes, the penalty for a simple obstruction of a highway of commerce is a jail term of not more than six months or a fine of not more than two hundred dollars. It most cases, it might be both.
In as much as the penalty is light, getting a professional Baton Rouge lawyer might help to reduce your charges, if not get you acquitted and discharged or instead make the sanctions of the court not too much. If you hire the services of an unprofessional criminal defense attorney, then you may not get what you want. Note that a good lawyer is different from a professional lawyer.
When you must have gotten a lawyer, narrate exactly what happened to him and be careful not to leave any detail out because you wouldn't want him to be taken unawares in court. When you must have finished your statement, your lawyer will then know the next step to take and guide you towards it.
If you have been accused of simple obstruction of a highway of commerce, the best step to take is to get a professional criminal defense attorney to help you all through the stages of your trial. You should get a professional because you can count on such a lawyer to help you with your case as an expert. Of course, experts do excellent jobs in every field.
A professional criminal defense attorney in Louisiana can help you with a defense mechanism which may be that the simple obstruction was an unintentional one since for one to be found guilty of the offense, the act has to be done intentionally. Moreso, the professional lawyer will help you know the severity of the crime and help you through all the stages involved.
Getting a good Baton Rouge lawyer is not difficult as there are good law firms in the city. Heard of that Carl Barkemeyer, Criminal Defense Attorney?
Carl Barkemeyer, Criminal Defense Attorney, puts his clients first and try as much as possible to ensure that they are on the brighter side in any case they have been charged with. As professionals, we do our best in all circumstances as we have helped a lot of people all over Baton Rouge with their cases.
As earlier mentioned, the offense of simple obstruction of a highway of commerce is a common crime and in this regard, we have handled similar cases. We can help you too if you could just contact us.
If you or a loved one have been accused of simple obstruction of a highway of commerce, then get a lawyer from Carl Barkemeyer, Criminal Defense Attorney because the winning of a client's case is our top priority.
H. Taylor - Baton Rouge, Louisiana