4.3 Investigating Crimes Against Persons & Property

Investigating Crimes Against Persons & Property

A core function of law enforcement is investigating offenses defined in the state criminal code. In Louisiana, Title 14 (La. R.S. 14) governs criminal law. Investigations are broadly categorized into crimes against persons, which involve violence or the threat of violence, and crimes against property, which involve the unlawful taking or destruction of assets. A successful investigation requires a deep understanding of the statutory elements of each crime, meticulous evidence gathering, effective interviewing, and comprehensive case file preparation.

Crimes Against Persons

Crimes against persons are generally prioritized due to the direct harm inflicted on victims. The investigation focuses heavily on identifying the perpetrator, understanding the motive, and documenting the physical and emotional trauma.

Homicide (La. R.S. 14:29 - 32.1)

Homicide is the killing of a human being by the act, procurement, or culpable omission of another. In Louisiana, homicide is categorized into several grades based on intent and circumstances:

• First-Degree Murder (14:30): The most severe form, involving specific intent to kill or inflict great bodily harm under specific aggravating circumstances, such as killing a police officer, killing during the commission of certain felonies (like armed robbery or rape), or a murder-for-hire. It is punishable by death or life imprisonment without parole.
• Second-Degree Murder (14:30.1): Involves specific intent to kill or inflict great bodily harm but without the specific aggravating factors of first-degree murder, or when a death occurs during certain felonies, even without specific intent (felony murder rule).
• Manslaughter (14:31): A homicide committed in "sudden passion" or "heat of blood" immediately caused by provocation sufficient to deprive an average person of their self-control. It also covers deaths during certain misdemeanors or non-enumerated felonies.
• Negligent Homicide (14:32): The killing of a human being by criminal negligence, often seen in reckless driving or mishandling of firearms.

Homicide investigations require exhaustive crime scene processing, autopsy attendance, extensive background checks on both the victim and suspect, and careful analysis of motive and opportunity.

Battery & Assault (La. R.S. 14:33 - 38.4)

While often confused, battery and assault are distinct offenses in Louisiana.

• Battery (14:33): The intentional use of force or violence upon the person of another, or the intentional administration of a poison or other noxious liquid. Battery involves actual physical contact. Aggravated battery involves the use of a dangerous weapon.
• Assault (14:36): An attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery. Assault does not require physical contact, only the threat and apparent ability to carry it out.

Investigations must document all injuries comprehensively through photographs and medical records. Interviews should establish the relationship between the parties, a timeline of events, and any history of domestic violence, which carries specific enhancements under Louisiana law.

Crimes Against Property

Property crimes are statistically more frequent and often challenge investigators due to a lack of immediate witnesses. These cases rely heavily on forensic evidence, surveillance footage, and tracking stolen goods.

Robbery (La. R.S. 14:64 - 65.1)

Robbery is often misunderstood as a pure property crime, but it inherently involves an element of person-crime because it requires force or intimidation.

• Simple Robbery (14:65): The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but without a dangerous weapon.
• Armed Robbery (14:64): The same elements as simple robbery, but committed while armed with a dangerous weapon. This drastically increases the severity of the offense.

Robbery investigations prioritize interviewing the victim to get a detailed suspect description and identifying the weapon used. Identifying patterns in serial robberies and tracking the stolen property at pawn shops or online marketplaces are common investigative tactics.

Burglary (La. R.S. 14:60 - 62.8)

Burglary involves the unauthorized entry into a structure with the intent to commit a crime inside.

• Simple Burglary (14:62): The unauthorized entering of any dwelling, vehicle, watercraft, or other structure with the intent to commit a felony or any theft therein, other than as set forth in 14:60.
• Aggravated Burglary (14:60): The unauthorized entering of any inhabited dwelling, or of any structure, water craft, or movable where a person is present, with the intent to commit a felony or theft, if the offender is armed with a dangerous weapon, arms themselves after entering, or commits a battery upon any person while inside.

A key element in burglary is "intent." Investigators must look for evidence of forced entry, tools left behind, and document the specific items taken to prove the suspect intended to commit a theft or felony upon entering.

Theft (La. R.S. 14:67)

Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An essential element is the intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking.

Penalties for theft are generally graded by the monetary value of the stolen items. Accurate valuation of the stolen property is a crucial part of the investigation to ensure the suspect is charged correctly.

Victim/Witness Interviews and Case File Preparation

The success of prosecuting any of these crimes depends heavily on the thoroughness of victim and witness interviews. Investigators must be empathetic yet objective, gathering specific details about descriptions, timelines, and the exact words spoken by suspects.

All findings must be meticulously compiled into a comprehensive case file. A standard case file includes the initial incident report, supplemental investigative reports, crime scene sketches and photographs, evidence logs, chain of custody documents, recorded interviews, and any forensic laboratory results. A well-organized case file demonstrates a complete and unbiased investigation, providing the District Attorney with the necessary tools to secure a conviction.