Archive for January 2012
Aggravated Criminal Damage to Property — Louisiana
January 6, 2012
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — Property Crimes Defense Attorney
Contact Elizabeth B. Carpenter Law Firm if you have been accused of property crime. We would be happy to consult with you today.
Criminal Damage to Property
Aggravated Criminal Damage to Property — La. R.S. 14:55
Aggravated criminal damage to property is the intentional damaging of any structure, watercraft, or movable, wherein it is foreseeable that human life might be endangered, by any means other than fire or explosion.
Whoever commits the crime of aggravated criminal damage to property shall be fined not more than $10,000, imprisoned with or without hard labor for not less than 1 nor more than 15 years, or both.
Aggravated Criminal Damage to Property is a Crime of Violence in Louisiana.
Felon in Possession of a Firearm — Louisiana
January 6, 2012
New Orleans Weapons Crimes Defense Attorney
If you are being criminally charged with Possession of Firearm or Carrying Concealed Weapon by a Person Convicted of Certain Felonies, contact Elizabeth B. Carpenter Law for a consultation. We are ready to defend you and protect your rights!
Possession of Firearm or Carrying Concealed Weapon by a Person
Convicted of Certain Felonies — La R.S. 14:95.1
It is unlawful for any person who has been convicted of a crime of violence which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense, to possess a firearm or carry a concealed weapon unless to felony conviction has been set aside.
Penalties
Whoever is found guilty of violating the provisions of this Section shall be imprisoned at hard labor for not less than 10 nor more than 20 years without the benefit of probation, parole, or suspension of sentence and be fined not less than $1,000.00 nor more than $5,000.00.
Whoever is found guilty of attempting to violate the provisions of this Section shall be imprisoned at hard labor for not more than 71/2years and fined not less than $500.00 nor more than $2,500.00
This crime is a felony.
Cleansing Period
The provisions of this Section prohibiting the possession of firearms and carrying concealed weapons by persons who have been convicted of certain felonies shall not apply to any person who has not been convicted of any felony for a period of 10 years or more from the time of arrest.
Illegal Carrying and Discharge of Weapons Firearm — Louisiana
January 6, 2012
New Orleans Weapons and Gun Crimes Defense Attorney
Elizabeth B. Carpenter, Esq. — Criminal Defense New Orleans
If you or a loved one is facing the charge of Illegal Carrying and Discharge of Weapons, please contact the Elizabeth B. Carpenter a New Orleans Weapons and Gun Crimes Defense Firm for a consultation.
You need to speak with a criminal defense attorney as soon as possible. Many legal rights have time-specific deadlines and legal matters will become harder to manage successfully the longer they are left unattended.
Illegal Carrying and Discharge of Weapons — 14:94
Illegal use of weapons or dangerous instrumentalities is the intentional or criminally negligent discharging of any firearm, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being.
Penalties
Generally, whoever commits the crime of illegal use of weapons or dangerous instrumentalities shall be fined not more than $1,000.00, or imprisoned with or without hard labor for not more than 2 years, or both.
Generally, on a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than 5 years nor more than 7 years, without benefit of probation or suspension of sentence.
Cleansing Period
A second or subsequent offense occurring more than 5 years since the time of the commission of the last offense for which the defendant has been convicted shall be treated as a first offense. In other words, the sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.
Enhanced Penalties
Whoever commits the crime of illegal use of weapons by discharging a firearm from a motor vehicle located upon a public street or highway, where the intent is to injure, harm, or frighten another human being, shall be imprisoned at hard labor for not less than 5 nor more than 10 years without benefit of probation or suspension of sentence.
Whoever commits the crime of illegal use of weapons by discharging a firearm while committing, attempting to commit or intimidating another person to commit a crime of violence or violation of the Uniform Controlled Dangerous Substances Law, shall be imprisoned at hard labor for not less then 10 years nor more than 20 years, without benefit of parole, probation, or suspension of sentence.
If the firearm is a machine gun or is equipped with a firearm silencer or muffler the offender shall be sentenced to imprisonment for not less than 20 years nor more than 30 years, without benefit of parole, probation, or suspension of sentence.
Upon a second or subsequent conviction, offender shall be sentenced to imprisonment for not less than 20 years.
Upon second or subsequent conviction, involves the use of a machine gun or a firearm equipped with a firearm silencer or muffler, such offender shall be sentenced to imprisonment for life without benefit of parole, probation, or suspension of sentence.
Theft of a Firearm — Louisiana
January 5, 2012
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — Criminal Defense New Orleans
If you or a loved one is facing the charge of Theft of a Firearm, please contact the Law Office of Elizabeth B. Carpenter a New Orleans Criminal Defense Law Firm for a consultation.
You need to speak with a criminal defense attorney as soon as possible. Many legal rights have time-specific deadlines and legal matters will become harder to manage successfully the longer they are left unattended.
Theft of a Firearm — La R.S. 14:67.15
Theft of a firearm is the misappropriation or taking of a firearm 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 intent to deprive the other permanently of the firearm is essential.
For purposes of this Section, “firearm” means a shotgun or rifle, or a pistol, revolver, or other handgun.
Penalties
For a first offense — imprisonment with or without hard labor for not less than 2 years nor more than t10 years, without the benefit of probation, parole, or suspension of sentence and a fine of $1,000.00
For a second offense — imprisonment with or without hard labor for not less than 5 years nor more than 15 years, without the benefit of probation, parole, or suspension of sentence and a fine of $2,000.00
For a third and subsequent offense — imprisonment at hard labor for not less than 15 years nor more than 30 years, without the benefit of probation, parole, or suspension of sentence and a fine of $5,000.00
Fraudulent Acquisition of a Rental Car or Other Motor Vehicle — Louisiana
January 5, 2012
New Orleans White Collar Crime Defense Attorney
Elizabeth B. Carpenter, Esq. – Louisiana Criminal Defense
Elizabeth B. Carpenter Law Firm has defended many individuals accused of Fraud involving a rental car. If you are being charged with any White Collar or Economic Crime, contact our office for a consultation. Our job is to protect your rights!
Fraudulent Acquisition of a Rental Motor Vehicle — La R.S. 14:67.14
Fraudulent acquisition of a rental motor vehicle is the lease or rental of a motor vehicle from a commercial lessor by the intentional giving or communicating payment information to the commercial lessor relating to how the lessee will pay the rental fee, or part thereof, when the lessee knows or reasonably should know that the payment information is or was false, fraudulent, insufficient, or incorrect. For purposes of this Section, incorrect payment information includes but is not limited to the presentation or tender of a credit card or check, when the credit card spending authorization or funds in the checking account are insufficient to cover the payment of the rental vehicle.
Penalties
Whoever violates the provisions of this Section may be imprisoned for up to 6 months, or fined $1,000.00, or both.
Credit Card Fraud By Persons Providing Goods and Services — Louisiana
January 5, 2012
New Orleans White Collar Crime Attorney
Elizabeth B. Carpenter, Esq. — Louisiana Criminal Defense
Elizabeth B. Carpenter Law Firm has defended many individuals accused of Credit Card Fraud. If you are being charged with any White Collar or Economic Crime, contact our office for a consultation. Our job is to protect your rights!
Credit Card Fraud by Persons Authorized to Provide
Goods and Services — La. R.S. 14:67.11
No provider shall, with intent to defraud an issuer or a cardholder, furnish money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of this Section, or a credit card which the provider knows is forged or revoked.
No provider shall, with intent to defraud an issuer or a cardholder, fail to furnish money, goods, services, or anything else of value which the provider represents in writing, electronically or otherwise, to an issuer or an acquirer that such provider has furnished.
No provider shall, with intent to defraud an issuer or a cardholder, present to an issuer or acquirer for payment a credit card transaction record which is not the result of an act between the cardholder and the provider.
No person shall employ, solicit, or otherwise cause a provider’s employee or authorized agent to remit a credit card transaction record of a sale that was not originated as a result of an act between the cardholder and such provider.
Penalties
May be imprisoned, with or without hard labor, for not more than 15 years, or fined not more than$50,000.00, or both.
Possession or Distribution of a Schedule IV Controlled Dangerous Substance — Louisiana
January 5, 2012
New Orleans Drug Possession Distribution Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Defending those accused of Drug Crimes in Jefferson, St. John, St. Bernard, Orleans, St. Tammany, Plaquemines St. James, Tangipahoa, Terrebonne and St. Charles Parishes!!!
Distribution or Possession of Drugs Listed in Schedule IV Controlled Dangerous Substance – La. R.S. 40:969
See Schedule I
See Schedule II
See Schedule III
See Schedule V
It is unlawful:
To produce, manufacture, possess with intent to producea controlled dangerous substance classified in Schedule IV;
To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule IV.
These crimes are felonies.
Penalties — Manufacturing, Distributing or Possessing with Intent to Distribute a Schedule IV Controlled Dangerous Substance.
Except for Flunitrazepam, shall be sentenced to a term of imprisonment at hard labor for not more than 10 years; and in addition, may be sentenced to pay a fine of not more than $15,000.
For Flunitrazepam shall be sentenced to a term of imprisonment at hard labor for not less than 5 years nor more than 30 years and pay a fine of not more than $50,000.
Possession a Schedule IV Controlled Dangerous Substance
Penalties
It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule IV unless such substance was obtained directly or pursuant to a valid prescription. Any person who violates this Subsection with respect to:
Illegal Possession of Flunitrazepam shall be imprisoned at hard labor for not more than 10 years, and may in addition, be required to pay a fine of not more than $5,000.00
Any other Schedule IV controlled dangerous substance shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be required to pay a fine of not more than $5,000.00
**Anyone with the intent to commit a crime of violence against an individual by administering a controlled dangerous substance to a person who is unaware that the controlled dangerous substance has been or is being administered to him, shall be sentenced to a term of imprisonment at hard labor for not less than 5 years nor more than 40 years and may be fined not more than $100,000.
Elizabeth B. Carpenter, Esq. – Louisiana Drug Crimes Attorney
Schedule IV Controlled Dangerous Substance — Louisiana
January 5, 2012
NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
The following is a list of Schedule IV controlled and dangerous substances as defined in the Louisiana Criminal Code. You can find the statutes pertaining to illegal possession, manufacturing, and distribution here.
SCHEDULE IV CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964
A. Narcotic drugs
Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts, in limited quantities, as set forth below:
(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(2) Dextropropoxyphene.
B. Depressants
Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Alprazolam
(2) Barbital
(3) Bromazepam
(4) Camazepam
(5) Chloral betaine
(6) Choral hydrate
(7) Chlordiazepoxide, but not including chlordiazepoxide hydrochloride in combination with clidinium bromide, or chlordiazepoxide and water-soluble esterified estrogens.
(8) Clobazam
(9) Clonazepam
(10) Clorazepate
(11) Clotiazepam
(12) Cloxazolam
(13) Delorazepam
(14) Diazepam
(15) Dichloralphenazone
(16) Estazolam
(17) Ethchlorvynol
(18) Ethinamate
(19) Ethyl loflazepate
(20) Fludiazepam
(21) Flunitrazepam
(22) Flurazepam
(23) Halazepam
(24) Haloxazolam
(25) Ketazolam
(26) Loprazolam
(27) Lorazepam
(28) Lormetazepam
(29) Mebutamate
(30) Medazepam
(31) Meprobamate
(32) Methohexital
(33) Methylphenobarbital (mephobarbital)
(34) Midazolam
(35) Nimetazepam
(36) Nitrazepam
(37) Nordiazepam
(38) Oxazepam
(39) Oxazolam
(40) Paraldehyde
(41) Petrichloral
(42) Phenobarbital
(43) Pinazepam
(44) Prazepam
(45) Quazepam
(46) Temazepam
(47) Tretrazepam
(48) Triazolam
(49) Zaleplon
(50) Zolpidem
(51) Zopiclone
C. Fenfluramine
Any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers (whether optical, position, or geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers including Fenfluramine is possible.
D. Stimulants
Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers:
(1) Cathine (norpseudoephedrine)
(2) Diethylpropion
(3) Fencamfamin
(4) Fenproporex
(5) Mazindol
(6) Mefenorex
(7) Modafinil
(8) Pemoline (including organometallic complexes and chelates thereof)
(9) Phentermine
(10) Pipradrol
(11) Sibutramine
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane]
E. Other substances
Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts:
(1) Pentazocine
(2) Butorphanol (including its optical isomers)
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Schedule III Controlled Dangerous Substance — Louisiana
January 5, 2012
NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
The following is a list of Schedule III controlled and dangerous substances as defined in the Louisiana Criminal Code. You can find the statutes pertaining to illegal possession, manufacturing, and distribution here.
SCHEDULE III CONTROLLED DANGEROUS SUBSTANCE — La. R.S. 40:964
A. Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers, or salts of isomers whenever the existence of such salts, isomers, or salts of isomers is within the specific chemical designation:
(1) Benzphetamine
(2) Chlorphentermine
(3) Clortermine
(4) Repealed by Acts 1982, No. 92, §2.
(5) Phenmetrazine
(6) Phendimetrazine
B. Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:
(1) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, but not including butalbital when in combination with at least three hundred twenty-five milligrams of acetaminophen per dosage unit
(2) Chlorexadol
(3) Glutethimide
(4) Lysergic Acid
(5) Lysergic acid amide
(6) Methyprylon
(7) Sulfondiethylmethane
(8) Sulfonethylmethane
(9) Ketamine, including all salt forms
C. Nalorphine
D. Limited narcotic drugs. Unless specifically excepted or unless listed in another schedule:
(1) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(a) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium.
(b) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(c) Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium.
(d) Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts such as acetaminophen or ibuprofen.
(e) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(f) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(g) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.
(h) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.
(2) Any material, compound, mixture, or preparation containing narcotic drugs or any salts thereof including Buprenorphine.
E. Anabolic steroids and muscle building substances. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation, which contains any quantity of anabolic steroids, including but not limited to the following substances or material which contains any of their salts, esters, isomers, or salts of isomers whenever the existence of such salts, esters, isomers, or salts of isomers is possible within the specific chemical designation. The term anabolic steroid means any drug or hormonal substance, chemically and pharmacologically related to testosterone other than estrogens, progestins, and corticosteroids that promote muscle growth and include the following:
(1) Boldenone
(2) Clostebol (Chlorotestosterone)
(3) Dehydrochlormethyltestosterone
(4) Drostanolone
(5) Ethylestrenol
(6) Fluoxymesterone
(7) Formebolone
(8) Mesterolone
(9) Methandienone (Methandrostenolone)
(10) Methandriol
(11) Methenolone
(12) Methlytestosterone
(13) Mibolerone
(14) Nandrolone
(15) Norethandrolone
(16) Oxandrolone
(17) Oxymesterone
(18) Oxymetholone
(19) Stanolone (Dihydrotestosterone)
(20) Stanozolol
(21) Testolactone
(22) Testosterone
(23) Trenbolone
F.(1) Except as provided in Paragraph (2) of this Subsection, the term anabolic steroid does not include a substance listed in Subsection E above but which is expressly intended for administration to livestock or other nonhuman species and which has been approved by the secretary of health and hospitals for such an administration.
(2) If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of Subsection E above.
(3) A physician, dentist, or veterinarian shall not prescribe, dispense, deliver, or administer an anabolic steroid for human use or cause an anabolic steroid to be administered under his direction or supervision for human use except for a valid medical purpose and when required by demonstrable generally accepted medical indications. Bodybuilding, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid by a person who is in good health is hereby declared not a valid medical purpose.
G. Substances of vegetable origin or chemical synthesis. Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Synthetic Dronabinol [delta-9-(trans) tetrahydrocannabinol] in sesame oil and encapsulated in a soft gelatin capsule in a U.S. Food and Drug Administration approved product.
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Possession or Distribution of a Schedule III Controlled Dangerous Substance — Louisiana
January 5, 2012
New Orleans Drug Possession Distribution Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Defending those accused of Drug Crimes in Jefferson, St. John, St. Bernard, Orleans, St. Tammany, Plaquemines and St. Charles’ Parishes!!!
Distribution or Possession of Drugs Listed in Schedule III Controlled Dangerous Substance – La. R.S. 40:968
See Schedule I
See Schedule II
See Schedule IV
See Schedule V
It is unlawful:
To produce, manufacture, dispense or possess with intent to distribute a controlled dangerous substance classified in Schedule III;
To create, distribute, or possess with intent to distribute, a counterfeit controlled dangerous substance classified in Schedule III.
Penalties — Manufacturing, Distributing or Possessing with Intent to Distribute a Schedule III Controlled Dangerous Substance
Sentenced to a term of imprisonment at hard labor for not more than 10 years; and, in addition, may be sentenced to pay a fine of not more than $15,000.
Possession a Schedule III Controlled Dangerous Substance
Penalties
It is unlawful for any person knowingly or intentionally to possess a controlled dangerous substance classified in Schedule III unless such substance was obtained directly or pursuant to a valid prescription — any person who violates shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be required to pay a fine of not more than $5,000.00.
Law Office of Elizabeth B. Carpenter, Esq. – Louisiana Drug Crimes Attorney
Posted in Crimes Defined, Criminal Statutes, Drug Crimes | 
Tags: Criminal Defense New Orleans, drug crimes, Drug Distribution, DRUG POSSESSION | 
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