Elizabeth B. Carpenter — Criminal Attorney Contact 

Second Degree Cruelty to Juveniles — La RS 14:93.2.3

Second Degree Cruelty to juveniles is:

A.(1)  Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of 17 to any child under the age of 17 which causes serious bodily injury or neurological impairment to that child.

(2)  For purposes of this Section, “serious bodily injury” means bodily injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or substantial risk of death.

B.  The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be intentional or criminally negligent mistreatment or neglect and shall be an affirmative defense to a prosecution under this Section.

Penalties

Whoever commits the crime of second degree cruelty to juveniles shall be imprisoned at hard labor for not more than 40 years.

This offense is considered a Crime of Violence, therefore it is not expungeable.  However, it is a crime for which jail time is not mandatory — one may receive probation only.

Elizabeth B. Carpenter — Contact 

Cruelty to Juveniles — La RS 14:93

Cruelty to juveniles is:

(1)  The intentional or criminally negligent mistreatment or neglect by anyone 17 years of age or older of any child under the age of 17 whereby unjustifiable pain or suffering is caused to said child.  Lack of knowledge of the child’s age shall not be a defense; or

(2)  The intentional or criminally negligent exposure by anyone 17 years of age or older of any child under the age of 17 to a clandestine laboratory operation as defined by R.S. 40:983 in a situation where it is foreseeable that the child may be physically harmed.  Lack of knowledge of the child’s age shall not be a defense.

(3)  The intentional or criminally negligent allowing of any child under the age of 17 years by any person over the age of 17 years to be present during the manufacturing, distribution, or purchasing or attempted manufacturing, distribution, or purchasing of a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law.  Lack of knowledge of the child’s age shall not be a defense.

The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be criminally negligent mistreatment or neglect of a child.  The provisions of this Subsection shall be an affirmative defense to a prosecution under this Section.  Nothing herein shall be construed to limit the provisions of R.S. 40:1299.36.1.

The trial judge shall have the authority to issue any necessary orders to protect the safety of the child during the pendency of the criminal action and beyond its conclusion.

Penalties

Whoever commits the crime of cruelty to juveniles shall be fined not more than $1,000.00 or imprisoned with or without hard labor for not more than 10 years, or both.

Although this offense is a felony, it is expungeable to those who are eligible.  This is achieved by entering a plea under Article 893.

Elizabeth B. Carpenter — Criminal Defense Attorney for New Orleans Area

Attempt to Commit a Crime — La RS 14:27

Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.

Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in wait with a dangerous weapon with the intent to commit a crime, or searching for the intended victim with a dangerous weapon with the intent to commit a crime, shall be sufficient to constitute an attempt to commit the offense intended.

Further, the placing of any combustible or explosive substance in or near any structure, watercraft, movable, or forestland, with the specific intent eventually to set fire to or to damage by explosive substance such structure, watercraft, movable, or forestland, shall be sufficient to constitute an attempt to commit the crime of arson  as defined in R.S. 14:51 through 53.

An attempt is a separate but lesser grade of the intended crime; and any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was actually perpetrated by such person in pursuance of such attempt.

Whoever attempts to commit any crime shall be punished as follows:

If the offense so attempted is punishable by death or life imprisonment, he shall be imprisoned at hard labor for not less than 10 nor more than 50 years without benefit of parole, probation, or suspension of sentence.

If the offense so attempted is punishable by death or life imprisonment and is attempted against an individual who is a peace officer engaged in the performance of his lawful duty, he shall be imprisoned at hard labor for not less than 20 nor more than 50 years without benefit of parole, probation, or suspension of sentence.

If the offense so attempted is theft or receiving stolen things, and is not punishable as a felony, he shall be fined not more than 200.00 dollars, imprisoned for not more than 6 months, or both.

If the offense so attempted is receiving stolen things, and is punishable as a felony, he shall be fined not more than 200.00 dollars, imprisoned for not more than 1 year, or both.

If the offense so attempted is theft of an amount not less than 300.00 dollars nor more than 5,000.00 dollars, he shall be fined not more than 500.00 dollars, imprisoned for not more than 1 year, or both.

If the offense so attempted is theft of an amount over 5,000.00 dollars, he shall be fined not more than 2,000.00 dollars, imprisoned, with or without hard labor, for not more than 5 years, or both.

In all other cases he shall be fined or imprisoned or both, in the same manner as for the offense attempted; such fine or imprisonment shall not exceed one-half of the largest fine, or one-half of the longest term of imprisonment prescribed for the offense so attempted, or both.

If you or a loved one is facing a criminal offense, contact New Orleans Criminal Attorney Elizabeth B. Carpenter for a consultation.  We are ready to start working on your case today!

Elizabeth B. Carpenter — Attorney at Law New Orleans

Louisiana Definition of Criminal Conspiracy

Criminal Conspiracy — La RS 14:26

Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.

If the intended basic crime has been consummated, the conspirators may be tried for either the conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the other.

Penalties

Whoever is a party to a criminal conspiracy to commit any crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; provided, however, whoever is a party to a criminal conspiracy to commit a crime punishable by death or life imprisonment shall be imprisoned at hard labor for not more than 30 years.

Whoever is a party to a criminal conspiracy to commit any other crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; but such fine or imprisonment shall not exceed 1/2 of the largest fine, or 1/2 the longest term of imprisonment prescribed for such offense, or both.

If you or a loved one is facing a criminal offense in the New Orleans area, contact Criminal Defense Attorney Elizabeth B. Carpenter for a consultation.  We are here to defend you!

Elizabeth B. Carpenter — Weapons and Gun Defense Attorney

The Louisiana News Bureau has just announced a proposed bill that aims to create the crime of unlawful storage of a firearm.    This is House Bill 4 by Rep Norton.The proposed law provides that it is unlawful to keep or store a firearm unless it is in a locked container or is equipped with a lock to render the firearm inoperable.

The law proposes the following penalties:

First violation of a fine of not more than $300.

Second or subsequent violation of a fine of not more than $500, imprisonment for not more than six months, or both.

Proposed law creates an exception if the firearm is on the person or is in use.

With all due respect to Rep. Norton, I think that this is the most ridiculous piece of legislation.  I would like to understand the purpose of it.  Will this make the public safer?  In light of the recent gun related tragedies in Colorado and Connecticut, I think that we are going to see a lot of proposed frivolous legislation such as this.  Again, I think that this in a legislative intent to fix a symptom instead of a problem.  What was the real issue in the recent massacres in Co. and Ct?  The lack of sufficient funding and options for mental health treatment in this country.

If you have been accused of a gun or weapons crime in the New Orleans area, contact Elizabeth B. Carpenter to schedule a consultation.  We are ready to take action and stand by your side.

Elizabeth B. Carpenter Law — New Orleans Marijuana Defense Attorney

Serving Orleans, Jefferson, St. Tammany, St. John, Baton Rouge, St. Charles, Plaquemines Parishes.

New Bill Would Eradicate Mandatory Minimum Sentences For

Marijuana Possession In Louisiana

Both the Louisiana House and Senate will reconvene for the 2013 Legislative Session in April 8, 2013.  As an attorney, I subscribe to email alerts regarding legislative news.  This evening I was thrilled to see a proposed bill that would eradicate mandatory minimum sentences for Marijuana Possession.

This bill is House Bill 103, sponsored by state Rep. Austin Badon, D-New Orleans.  The proposed bill will lessen penalties for repeat offenders and not subject offenders to Louisiana’s Habitual Offender Law (RS La 15:529.1).    This new law would also apply to synthetic cannabinoids.

I am actually opposed to the legalization of synthetic cannabinoids due to the severe health complications associated with its use.  Of course, complete legalization of Marijuana would obliterate the demand for synthetic cannabinoids.

As a final thought, I think that Representative Badon is going to have a battle to fight in Baton Rouge over this new bill.  The state and local governments as well as substance abuse clinics love the money that they can extort out of people who are found guilty of Marijuana Possession.

The following is a chart demonstrating the proposed changes to the law:

If you or a loved one has been charged with a Marijuana Offense in New Orleans area.  Contact a New Orleans Drug Crime Attorney – Elizabeth B. Carpenter.  We offer discounted fee for Marijuana Offenses!

Elizabeth B. Carpenter, Esq. — Criminal Attorney New Orleans

If you or a loved one has been arrested while visiting New Orleans, you need a New Orleans Criminal Defense Attorney to help you get out of jail.  This is especially true for individuals who are from another state because most commercial bondsman will not offer bonds to people who do not have significant ties to the community.

Let Me Help You!

Please contact my office at 504-599-5955!

You may also call or text my cell at 504-621-1931.

It is important to get an experienced Criminal Defense Attorney involved in a case as soon as possible.  An good attorney can:

• Make sure that a bond is set in a timely manner.
• Move the  Court to reduce a bond that has been set too high.
• Recommend a Commercial Surety/Bondsman.
• Move the Court to release the defendant on his own Recognizance.

Types of Bond in Louisiana:

1)  Recognizance - when an accused is released on recognizance (ROR ), he or she promises to the court to attend all required judicial proceedings.  A monetary amount is set by the court, but is not paid by the defendant.  This is also called an unsecured appearance bond or release on one’s own recognizance.

2) Commercial Surety Bond - a bail bondsman agrees to post the bond to guarantee that the accused will return to court.  This service is provided commercially by the bail bondsman in exchange for payment of 13% of the bail amount.  The bondsman keeps this money regardless of whether the defendant appears in court — it is non-refundable.

3) Property Bond - the accused or a person acting on his behalf posts real property having equity at least equal to the amount of the bail. If the accused fails to appear for trial the state can levy or institute foreclosure proceedings against the property to recover the bail.

4) Cash Bond – the total amount of bail is posted in cash with the court. If the accused does not appear as instructed, the cash bond is forfeited and a bench warrant is issued. If the defendant shows up for their scheduled court appearances, the cash is returned to the person who posted the bond at the conclusion of the case.  Anyone including the defendant can post a cash bond. If the defendant posts his own bond, the Court will deduct fines and costs from the bond before returning any balance.

5) Personal Surety Bond (PSBU) - This is a signature bond by someone other than the defendant (usually a family member) who pledges the full amount of the bond. Typically a hearing is held where the third party guarantees to the court that they will pay the forfeited bond if a defendant fails to appear for their scheduled court appearances.  The person must establish that they have sufficient assets to cover the bond amount should the defendant forfeit the bond by failing to appear at court. If the bond is forfeited, the court can demand the amount of the bond from the signer of the bond.

 Criminal Defense Attorney, Elizabeth B. Carpenter, is here to help you navigate through the process of posting bond for a friend or loved one!

Elizabeth B. Carpenter — Probation Violation Defense Attorney

A technical probation violation is any violation except the following:

** Being arrested, charged, or convicted of any,

• Felony
• Violation of any provision of Title 40 of the Louisiana Revised Statutes.
• Intentional misdemeanor directly affecting the person.
• At the discretion of the court, any attempt to commit any intentional misdemeanor directly affecting the person.
• At the discretion of the court, any attempt to commit any other misdemeanor.
• Being in possession of a firearm or other prohibited weapon.
• Failing to appear at any court hearing.
• Absconding from the jurisdiction of the court.
• Failing to satisfactorily complete a drug court program if ordered to do so as a special condition of probation.

If you are found in violation, the probation can be revoked and you could then be sentenced to the original jail sentence that was earlier probated.  If you have picked up a new charge, or violated your probation terms in some other way, please contact a New Orleans Probation Violations Attorney.  We can begin working to clear the warrant, and act as your advocate between probation and the judge to try to save your probation.

Elizabeth B. Carpenter — New Orleans Attorney

Elizabeth B. Carpenter Law Firm is a litigation group focusing on New Orleans Criminal Defense, DWI Defense, Cyber Crimes and Personal Injury Law. Each client is offered the individual attention and personal touch of a high end boutique law firm.  We are extremely selective in the cases that we accept.  Our firm is built on the foundation that every client deserves to be treated with dignity and compassion regardless of the legal issues they are battling.

If you are in need of legal assistance, contact our office to schedule a consultation.

This Blog is for general information purposes only.  While we do our best to keep all our posts updated, the Louisiana legislature makes changes to our laws every year.  Unfortunately, we sometimes unintentionally fail to make appropriate updates.  If you have any specific questions, please contact our firm.  We are here to assist you with your legal questions.

Elizabeth B. Carpenter, Esq. —  DWI DUI Attorney New Orleans 

Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!

DWI Checkpoint Scheduled for Saturday Night Harahan

The Harahan Police Department has announced a DWI checkpoint for motorists in an undisclosed location within the city limits on Saturday night. The checkpoint is scheduled for 8 p.m. to 2 a.m., according to Police Chief Mac Dickinson.

The checkpoint is part of the department’s efforts to curb drunk driving and related injuries and fatalities inHarahan. Dickinson said officer overtime for the checkpoint is being paid for through a grant from the Louisiana Highway Safety Commission.

ABOUT ATTORNEY ELIZABETH B. CARPENTER

Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.

For more information about attorney Elizabeth B. Carpenter see her criminal defense website and her New Orleans Criminal Defense Attorney Blog. Ms. Carpenter is a skilled criminal attorney who can also be followed on Facebook.

Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of theLouisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients in Orleans, Jefferson, Plaquemines, St. John, St. Tammany and St. Charles Parishes. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.