Archive for February 2012
Theft of a Motor Vehicle — Louisiana
February 19, 2012
New Orleans Criminal Defense
Elizabeth B. Carpenter, Esq. — Louisiana Motor Vehicle Theft Attorney
Theft of a Motor Vehicle — 14:67.26
Theft of a motor vehicle is the intentional performance of any of the following acts:
(1) The taking of a motor vehicle, which belongs to another, either without the owner’s consent or by means of fraudulent conduct, practices, or representations, with the intention to permanently deprive the owner of the motor vehicle; or
(2) The taking control of a motor vehicle that is lost or mis-delivered under circumstances which provide a means of inquiry as to the true owner, and the person in control of the motor vehicle does not make reasonable efforts to notify or locate the true owner; or
(3) The taking control of a motor vehicle when the person knows or should have known that the motor vehicle has been stolen.
Falsely Alleging Theft of a Motor Vehicle
A person who alleges that there has been a theft of a motor vehicle shall attest to that fact by signing an affidavit provided by the law enforcement officer or agency which shall indicate that a person who falsely reports a theft of a motor vehicle may be subject to criminal penalties.
Whoever commits the crime of filing a false affidavit to support an alleged theft of a motor vehicle shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than $5,000, or both.
*** If the affidavit is not taken in person by a law enforcement officer or agency, the person who alleges that the theft of a motor vehicle has occurred shall mail or deliver a signed and notarized affidavit to the appropriate law enforcement agency within 7 days.
Penalties
Whoever commits the crime of theft of a motor vehicle when the misappropriation or taking amounts to a sum of $1500 or more shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $3,000 thousand dollars, or both.
Whoever commits the crime of theft of a motor vehicle when the misappropriation or taking amounts to a sum of $500 or more but less than $1500 dollars shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $2,000, or both.
Whoever commits the crime of theft of a motor vehicle when the misappropriation or taking amounts to a sum of less than $500 shall be imprisoned for not more than 6 months, or may be fined not more than $1,000, or both.
** When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or takings shall determine the grade of the offense.
Posted in Crimes Defined, Criminal Statutes, Property Crimes, Theft | 
Tags: Criminal Defense New Orleans, Property Crimes, Theft, theft of a motor vehicle | 
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Identity Theft — Louisiana
February 19, 2012
New Orleans White Collar Crime Defense Attorney
Elizabeth B. Carpenter, Esq. – Louisiana Identity Theft Criminal Defense
Elizabeth B. Carpenter Law Firm has defended many individuals accused of Identity Theft. 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!
Identity Theft : La RS 14:67.16
Identity theft is the intentional use or possession or transfer or attempted use with fraudulent intent by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or any thing else of value without the authorization or consent of the other person.
Value $1,000 or more
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $10,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than 3 years and for not more than 10 years, or may be fined not more than$10,000, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than 3 years and for not more than 10 years, or may be fined not more than $10,000 thousand dollars, or both.
Value of $500 but less than $1,000
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of $500.00 or more, but less than $1,000 dollars, shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $5,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $500.00 dollars or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than 2 years and not more than 5 years, or may be fined not more than $5,000 dollars, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $500 or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than 2 years and not more than 5 years, or may be fined not more than $5,000, or both.
Value of $300 but less than $500
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of $300 hundred dollars or more, but less than $500, shall be imprisoned, with or without hard labor, for not more than 3 years, or may be fined not more than $3,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $300 or more, but less than $500, shall be imprisoned, with or without hard labor, for not less than 1 year and not more than 3 years, or may be fined not more than $3,000, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $300 or more, but less than $500 hundred dollars, shall be imprisoned, with or without hard labor, for not less than 1 year and not more than 3 years, or may be fined not more than $3,000 dollars, or both.
Value less than $300 — Misdeameanor
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value less than $300, shall be imprisoned for not more than 6 months, or may be fined not more than $500 hundred dollars, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than 6 months and not more than 1 year, or may be fined not more than $500, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than 6 months and not more than 1 year, or may be fined not more than $500.00, or both.
Enhancements
Upon a third or subsequent conviction of a violation of the provisions of this Section, the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $20,000, or both.
**When there has been a theft by a number of distinct acts of the offender, the aggregate of the amount of the theft shall determine the grade of the offense.
Restitution
A person convicted of Identity Theft shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution is found to be indigent and the court shall order a periodic payment plan consistent with the person’s financial ability.
** This statute shall not apply to any person who obtains another’s driver’s license or other form of identification for the sole purpose of misrepresenting his age because this is an economic crime.
What do I do if I think that I am the victim of Identity Theft in Louisiana?
Any person who has learned or reasonably suspects that his personal identifying information has been unlawfully used by another in violation of any provision of this Section may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over the area of his residence. Any law enforcement agency which is requested to conduct an investigation under the provisions of this Subsection shall take a police report of the matter from the victim, provide the complainant with a copy of such report, and begin an investigation of the facts. If the crime was committed in a different jurisdiction, the agency preparing the report shall refer the matter, with a copy of the report, to the local law enforcement agency having jurisdiction over the area in which the alleged crime was committed for an investigation of the facts.
Any officer of any law enforcement agency who investigates an alleged violation in compliance with the provisions of this Subsection shall make a written report of the investigation that includes the name of the victim; the name of the suspect, if known; the type of personal identifying information obtained, possessed, transferred, or used in violation of this Section; and the results of the investigation. At the request of the victim who has requested the investigation, the law enforcement agency shall provide to such victim the report created under the provisions of this Paragraph. In providing the report, the agency shall eliminate any information that is included in the report other than the information required by this Paragraph.
If you are being charged with any White Collar or Economic Crime, contact our office for a consultation.
Unlawful Presence of a Sex Offender — Louisiana
February 15, 2012
Louisiana Sex Crime Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation. Your freedom is important to us!
Unlawful Presence of a Sex Offender — LA R.S. 14:91.2
The following acts when committed by a person convicted of a sex offense when the victim is under the age of 13years shall constitute the crime of unlawful residence or presence of a sex offender:
(1) The physical presence of the offender in, on, or within one thousand feet of the school property of any public or private elementary or secondary school or the physical presence in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle.
(2) The offender establishing a residence within one thousand feet of any public or private elementary or secondary school.
(3) The physical presence of the offender in, on, or within one thousand feet of a public park or recreational facility.
(4) The offender establishing a residence within one thousand feet of any public park or recreational facility.
The following acts, when committed by a person convicted of an aggravated offense when the victim is under the age of 13 years, shall constitute the crime of unlawful residence or presence of a sex offender:
(1) The physical presence of the offender in, on, or within one thousand feet of a day care center, group home, residential home, or child care facility or a family child day care home.
(2) The establishment of a residence within one thousand feet of any day care center, group home, residential home, or child care facility, a family child day care home, playground, public or private youth center, public swimming pool, or free standing video arcade facility.
It shall not be a violation of the provisions of this Section if the offender has permission to be present on school premises from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.
If permission is granted to an offender to be present on public school property by the superintendent for that public school pursuant to this Subsection, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender. This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school. The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school. If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.
Any superintendent, principal, or school master who acts in good faith in compliance with this Subsection shall be immune from civil or criminal liability for his actions in connection with any injury or claim arising from an offender being present on school property pursuant to permission granted by that superintendent, principal, or school master.
D. For purposes of this Section:
(1) ”School property” means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.
(2) ”Public park or recreational facility” means any building or area owned by the state or by a political subdivision which is open to the public and used or operated as a park or recreational facility and shall include all parks and recreational areas administered by the office of state parks in the Department of Culture, Recreation and Tourism.
Penalty
Whoever violates the provisions shall be fined not more than $1,000, imprisoned with or without hard labor for not more than 1 year, or both.
Unlawful Presence of a Sexually Violent Predator — Louisiana
February 14, 2012
Louisiana Sex Crime Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation. Your freedom is important to us!
Unlawful Presence of a Sexually Violent Predator — La RS 14:91.1
The physical presence of a sexually violent predator on the school property of any public or private, elementary or secondary school, or in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle; or
The physical residing of a sexually violent predator within one thousand feet of any public or private elementary or secondary school, a day care center, group home, residential home, or child care facility, a family child day care home, playground, public or private youth center, public swimming pool, or free standing video arcade facility.
It shall not be a violation if the offender has permission to be present from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.
If permission is granted to an offender to be present on public school property by the superintendent for that public school, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender. This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school. The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school. If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.
(1) ”School property” means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.
(2) ”Sexually violent predator” means an offender who has been convicted of a sex offense as defined in La R.S. 15:541 Paragraph 24 and who has a mental abnormality or antisocial personality disorder that makes the offender likely to engage in predatory sexually violent offenses as determined by the court upon receipt and review of relevant information including the recommendation of the sex offender assessment panel.
Whoever violates the provisions of this Section shall be fined not more than $1,000, imprisoned for not more than 6 months, or both.
Unlawful Sales of Weapons to Minors — Louisiana
February 14, 2012
New Orleans Weapons Charges Defense Attorney
Elizabeth B. Carpenter, Esq. — Defending Misdemeanors and Felonies in Orleans, Jefferson, St. Bernard, Plaquemines, St. Bernard, St. John and St. Charles’ Parishes.
Unlawful Sales of Weapons to Minors — La RS 14:91
Unlawful sales of weapons to minors is the selling or otherwise delivering for value of any firearm or other instrumentality customarily used as a dangerous weapon to any person under the age of 18. Lack of knowledge of the minor’s age shall not be a defense.
Whoever commits the crime of unlawful sales of weapons to minors shall be fined not more than $300.00 dollars or imprisoned for not more than 6 months, or both.
This is a Misdemeanor.
Methamphetamine Possession / Distribution — Louisiana
February 14, 2012
New Orleans Criminal Defense
If you have been charged with Possession or Distribution of Methamphetamine in the New Orleans area, you need a skilled, hard working criminal defense attorney by your side. Contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation. Ms. Carpenter has experience defending every kind of drug case imaginable.
Under the Louisiana Criminal Code, Methamphetamine is classified as a Schedule II controlled dangerous substance.
The penalties pertaining to possession and distribution are as follows:
Possession Methamphetamine Penalties
Any person knowingly or intentionally found to possess Methamphetamine, shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be sentenced to pay a fine of not more than $5,000.
Distribution or Possession With Intent to Distribute Methamphetamine
Production or manufacturing shall be sentenced to imprisonment at hard labor for not less than 10 nor more than 30 years, at least 10 years of which shall be served without benefit of parole, probation, or suspension of sentence, and may be fined not more than $500,000.
Distribution, dispensing, or possession with intent to distribute shall be sentenced to a term of imprisonment at hard labor for not less than 2 years nor more than 30 years, with the first 2 years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than $50,000 dollars.
Enhanced Penalties for Possession of Methamphetamine (larger quantities)
Possession of 28 grams or more, but less than 200 grams, of Methamphetamine – sentenced to serve a term of imprisonment at hard labor of not less than 5 years, nor more than 30 years, and to pay a fine of not less than $50,000, nor more than $150,000 dollars.
Possession of 200 grams or more, but less than 400 grams, of Methamphetamine – sentenced to serve a term of imprisonment at hard labor of not less than 10 years, nor more than 30 years, and to pay a fine of not less than $100,000 dollars, nor more than $350,000 dollars.
Possession of 400 grams or more of Methamphetamine – sentenced to serve a term of imprisonment at hard labor of not less than 15 years, nor more than 30 years and to pay a fine of not less than $250,000, nor more than $600,000.
Cocaine / Crack Possession and Distribution — Louisiana
February 7, 2012
New Orleans Criminal Defense
If you have been charged with Possession or Distribution of Cocaine in the New Orleans area, you need a skilled, hard working criminal defense attorney by your side. Contact the Law Office of Elizabeth B. Carpenter, Esq. for a consultation. Ms. Carpenter has experience defending every kind of drug case imaginable.
Under the Louisiana Criminal Code, Cocaine is classified as a Schedule II controlled dangerous substance.
The laws pertaining to possession and distribution are as follows:
Possession Cocaine
Any person knowingly or intentionally found to possess Cocaine, shall be imprisoned with or without hard labor for not more than 5 years and, in addition, may be sentenced to pay a fine of not more than $5,000.
Distribution or Possession With Intent to Distribute Cocaine
Production or manufacturing shall be sentenced to imprisonment at hard labor for not less than 10 nor more than 30 years, at least 10 years of which shall be served without benefit of parole, probation, or suspension of sentence, and may be fined not more than $500,000.
Distribution, dispensing, or possession with intent to distribute shall be sentenced to a term of imprisonment at hard labor for not less than 2 years nor more than 30 years, with the first 2 years of said sentence being without benefit of parole, probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine of not more than $50,000 dollars.
Enhanced Penalties for Possession of Cocaine (larger quantities)
Possession of 28 grams or more, but less than 200 grams, of cocaine – sentenced to serve a term of imprisonment at hard labor of not less than 5 years, nor more than 30 years, and to pay a fine of not less than $50,000, nor more than $150,000 dollars.
Possession of 200 grams or more, but less than 400 grams, of cocaine – sentenced to serve a term of imprisonment at hard labor of not less than 10 years, nor more than 30 years, and to pay a fine of not less than $100,000 dollars, nor more than $350,000 dollars.
Possession of 400 grams or more of cocaine — sentenced to serve a term of imprisonment at hard labor of not less than 15 years, nor more than 30 years and to pay a fine of not less than $250,000, nor more than $600,000.
Posted in Crimes Defined, Criminal Statutes, Drug Crimes | Tags: Cocaine, Criminal Defense New Orleans, drug crimes, Drug Distribution, DRUG POSSESSION | No Comments »
