Property Crimes

Leased automobiles; obtaining by false representation; failure to return or surrender — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

Leased movables; obtaining by false representation; failure to return or surrender; penalties; restitution — 14:220.1

 

No person leasing a movable shall obtain or retain possession of the movable by:

Making a false statement or false representation of a material fact, where such false statement or false representation is made with the intent to obtain or retain possession of the movable; or

Intentionally failing to return or surrender the movable when obligated under the terms of the lease, or after the expiration or cancellation of the lease.  The lessee’s failure to return or surrender the movable within fifteen calendar days or the number of days for which the movable was leased, whichever is less, after the date written notice requesting return or surrender of the movable was delivered or tendered to the lessee’s last known address shall be presumptive evidence that the failure to return or surrender the movable was intentional.  In order for the presumption to arise, the written notice must be sent by the lessor or the district attorney by means of registered or certified mail.

 

Penalties

Whoever violates the provisions of this Section when the value of the leased movable is less than one thousand dollars shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.

Whoever violates the provisions of this Section when the value of the leased movable is one thousand dollars or more shall be fined not more than two thousand dollars or imprisoned with or without hard labor for not more than two years, or both.

 

 

When a defendant is convicted of violating this statute, upon proof established by a preponderance of the evidence, that defendant pay restitution to the victim for all acknowledged appropriate fees assessed for intentional failure to return or surrender the leased movable after the agreed rental period or lease term or in the amount of lost profit resulting from the defendant’s failure to return or surrender the movable as stated under the terms of the lease, or after the expiration or cancellation of the lease.  The court may permit the prosecuting attorney to present evidence of the amount of the victim’s lost profits either at the trial of the matter or at the sentencing of the defendant.

The offender’s failure to return or surrender a video cassette film or tape that has been rented from a facility which rents video cassette films or tapes within thirty calendar days after notice to make such return or surrender has been sent by certified mail to the offender’s last known address shall be presumptive evidence of his intent to defraud and the lessor may report to any law enforcement agency that the rented video cassette film or tape has been stolen.

Criminal Damage to Property with Intent to Defraud — Louisiana

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 

 

Criminal Damage to Property with Intent to Defraud– 14:57

 

Damage to property with intent to defraud is the damaging of any property, by means other than fire or explosion, with intent to defraud.

Whoever commits the crime of damage to property with intent to defraud shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than four years, or both.

Criminal Damage to Historic Buildings or Landmarks by Defacing with Graffiti — Louisiana

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 

 

Criminal Damage to Historic Buildings or Landmarks by Defacing with Graffiti — 14:56.5

 

It shall be unlawful for any person to intentionally deface with graffiti any historic building or landmark, whether publicly or privately owned, without the consent of the owner.

Whoever commits the crime of criminal damage to historic buildings or landmarks by defacing with graffiti shall be fined up to $1,000.00 and may be imprisoned, with or without hard labor, for not more than 2 years.

The court shall also order the offender to perform the following hours of community service as follows:

For a first conviction, not to exceed 32 hours over a period not to exceed 180 days.

For a second or subsequent conviction, 64 hours over a period not to exceed  180 days.

The fine and community service imposed by the provisions of this Section shall not be suspended.

Criminal Damage to Property by Defacing with Graffiti

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 

 

Criminal Damage to Property by Defacing with Graffiti — 14:56.4

It shall be unlawful for any person to intentionally deface with graffiti immovable or movable property, whether publicly or privately owned, without the consent of the owner.

Penalties

Whoever commits the crime of simple criminal damage to property where the damage is less than $500.00 shall be fined not more than $1,000 dollars or imprisoned for not more than 6 months, or both.

Where the damage amounts to $500 dollars but less than $50,000 dollars, the offender shall be fined not more than $1,000 or imprisoned with or without hard labor for not more than 2 years, or both.

Where the damage amounts to $50,000 dollars or more, the offender shall be fined not more than $10,000 dollars or imprisoned with or without hard labor for not less than one nor more than 10 years, or both.

(1)  The court, in addition to any punishment imposed under the provisions of this Section, may order the offender to clean up, repair, or replace any property damaged by the act or to pay restitution to the owner of the damaged property.

(2)  The court may also order the offender to perform the following hours of community service:

(a)  For a first conviction, not to exceed thirty-two hours over a period not to exceed one hundred eighty days.

(b)  For a second or subsequent conviction, sixty-four hours over a period not to exceed one hundred eighty days.

If a minor is personally unable to pay a fine levied for acts prohibited by this Section or make restitution as may be ordered by the court, the parent or guardian of the minor shall be liable for payment of the fine or restitution.  A court may waive payment of the fine or restitution, or any part thereof, by the parent or guardian of the minor upon a finding of good cause.

Criminal Damage to Coin Operated Devices — Louisiana

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 

 

Criminal Damage to Coin Operated Devices — La. R.S. 14:56.1

Criminal damage to a coin-operated device is the intentional damaging of any coin-operated device belonging to another.

Coin-operated device means any parking meter, pay telephone, vending machine, money-changing machine, or any other coin activated device designed to accept money for a privilege, service, or product.

For purposes of this Section, the value of damages shall be determined by the actual cost of repair, or replacement if necessary.

Whoever commits the crime of criminal damage to a coin-operated device, when the damage done amounts to $100.00 dollars or more, shall be fined not more than $2,000 thousand dollars or imprisoned for not more than 2 years, or both.

Whoever commits the crime of criminal damage to a coin-operated device, when the damage amounts to a value of less than $100.00 dollars shall be fined not more than $500 hundred dollars or imprisoned for not more than 6 months, or both.

Simple Criminal Damage to Property — Louisiana

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 

 

Simple Criminal Damage to Property — La. R.S. 14:56

Simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. 14:55, by any means other than fire or explosion.

The provisions of this Section shall include the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.

 

Penalties

Whoever commits the crime of simple criminal damage to property where the damage is less than $500.00 shall be fined not more than $1,000 dollars or imprisoned for not more than 6 months, or both.

Where the damage amounts to $500 dollars but less than $50,000 dollars, the offender shall be fined not more than $1,000 or imprisoned with or without hard labor for not more than 2 years, or both.

Where the damage amounts to $50,000 dollars or more, the offender shall be fined not more than $10,000 dollars or imprisoned with or without hard labor for not less than one nor more than 10 years, or both.

* In addition to the foregoing penalties, a person convicted under the provisions of this Section may be ordered to make full restitution to the owner of the property.  If a person ordered to make restitution is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person’s ability to pay.

 

 

Communicating of False Information of Planned Arson — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B Carpenter Law — Attorney New Orleans

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

LOUISIANA PROPERTY CRIMES, VIOLENCE TO BUILDINGS AND OTHER PROPERTY, ARSON AND USE OF EXPLOSIVES

 

Communicating of False Information of Planned Arson — 14:54.1

Communicating of false information of arson or attempted arson is the intentional impartation or conveyance, or causing the impartation or conveyance by the use of the mail, telephone, telegraph, word of mouth, or other means of communication, of any threat or false information knowing the same to be false, including bomb threats or threats involving fake explosive devices, concerning an attempt or alleged attempt being made, or to be made, to commit either aggravated or simple arson.

Whoever commits the crime of communicating of false information of arson or attempted arson shall be imprisoned at hard labor for not more than 20 years.

 

Contact Attorney Elizabeth B Carpenter to schedule a consultation!

Arson with Intent to Defraud — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B Carpenter Law — Attorney New Orleans

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

LOUISIANA PROPERTY CRIMES, VIOLENCE TO BUILDINGS AND OTHER PROPERTY, ARSON AND USE OF EXPLOSIVES

  Arson with Intent to Defraud — La RS 14:53

Arson with intent to defraud is the setting fire to, or damaging by any explosive substance, any property, with intent to defraud.

Whoever commits the crime of arson with intent to defraud shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than five years, or both.


 

Contact Attorney Elizabeth B Carpenter to schedule a consultation!

Simple Arson — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B Carpenter Law — Attorney New Orleans

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

LOUISIANA PROPERTY CRIMES, VIOLENCE TO BUILDINGS AND OTHER PROPERTY, ARSON AND USE OF EXPLOSIVES

Simple Arson — 14:52

Simple arson is either of the following:

(1)  The intentional damaging by any explosive substance or the setting fire to any property of another, without the consent of the owner and except as provided in R.S. 14:51.

(2)  The starting of a fire or causing an explosion while the offender is engaged in the perpetration or attempted perpetration of another felony offense even though the offender does not have the intent to start a fire or cause an explosion.

Whoever commits the crime of simple arson, where the damage done amounts to $500.00 dollars or more, shall be fined not more than $15,000 and imprisoned at hard labor for not less than 2 years nor more than 15 years.  This is a Felony.

Where the damage is less than $500.00, the offender shall be fined not more than $2500.00 dollars or imprisoned with or without hard labor for not more than 5 years, or both.  This is a Felony.

 

Contact Attorney Elizabeth B Carpenter to schedule a consultation!

Injury By Arson — Louisiana

Criminal Defense Attorney New Orleans

 

Elizabeth B Carpenter Law — Attorney New Orleans

 

Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

LOUISIANA PROPERTY CRIMES, VIOLENCE TO BUILDINGS AND OTHER PROPERTY, ARSON AND USE OF EXPLOSIVES

  Injury By Arson  —  La RS 14:51.1

Injury by arson is the intentional damaging by any explosive substance or the setting fire to any structure, watercraft, or other movable belonging to another if either of the following occurs:

(1)  Any person suffers great bodily harm, permanent disability, or disfigurement as a result of the fire or explosion.

(2)  A firefighter, law enforcement officer or first responder who is present at the scene and acting in the line of duty is injured as a result of the fire or explosion.

Whoever commits the crime of injury by arson shall be imprisoned at hard labor for not less than 6 nor more than 20 years, and shall be fined not more than $25,000 dollars.  Two years of such imprisonment at hard labor shall be without benefit of parole, probation, or suspension of sentence.  This is a Felony.

Contact Attorney Elizabeth B Carpenter to schedule a consultation!

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