Posts Tagged ‘Attorney New Orleans’

Attempt to Commit a Crime — Louisiana

New Orleans Criminal Defense Attorney

 

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!

 

 

What is Criminal Conspiracy? — Louisiana

Aggressive Criminal Defense Representation New Orleans

 

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!

 

 

 

WELCOME TO OUR BLOG

 

 

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.

 

 

Former glam rocker Gary Glitter arrested in child sex abuse scandal

Sex Crimes Defense Attorney Louisiana

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

 

Attorney Elizabeth B. Carpenter has defended many Sex Offense cases in southern Louisiana. She is one of the premiere Sex Offender attorneys in the New Orleans area. Elizabeth B. Carpenter, Esq. understands that many people accused of Sex Crimes are not in fact guilty. We are here to defend our clients, not judge them. If you or a loved one has been accused of a Sex Offense, contact Elizabeth B. Carpenter Law for a consultation from an experienced New Orleans criminal defense lawyer. Protecting your freedom is important to us.

 

Former glam rocker Gary Glitter a.k.a. Paul Gadd arrested in child sex abuse scandal

 

 

LONDON — Police investigating child sex abuse allegations against the late BBC television host Jimmy Savile arrested former glam rock star and convicted sex offender Gary Glitter on Sunday, British media reported, raising further questions about whether Savile was at the center of a broader pedophile ring.

Gary Glitter arrested in child sex abuse scandal.jpg

Police would not directly identify the suspect arrested Sunday, but media including the BBC and Press Association reported he was the 68-year-old Glitter.

The musician, whose real name is Paul Gadd, made it big with the crowd-pleasing hit “Rock & Roll (Part 2),” a mostly instrumental anthem that has been a staple at American sporting events, thanks to its catchy “hey” chorus. But he fell into disgrace after being convicted on child abuse charges in Vietnam.

Sunday’s arrest was the first in a widening scandal over Savile’s alleged sex crimes. Hundreds of potential victims have come forward since police began the investigation into sex abuse allegations against Savile, a much-loved children’s TV presenter and disc jockey who died at the age of 84 last year.

Most have alleged abuse by Savile, but some said they were abused by Savile and others. Most claimed they were assaulted in their early teens.

The scandal has raised questions about whether the BBC, the publicly funded and trusted broadcaster, had ignored crimes it suspected over several decades. Its executives have apologized and vowed to uncover the true scale of the alleged abuse.

“The BBC’s reputation is on the line,” Chris Patten, the chairman of the BBC Trust, wrote in The Mail on Sunday newspaper. “The BBC risks squandering public trust because one of its stars over three decades was apparently a sexual criminal … and because others — BBC employees and hangers-on — may also have been involved.”

On Sunday, the BBC and Sky News showed footage of Glitter, who wore a hat, a dark coat and sunglasses, being taken from his home by officers and driven away.

Police would not directly identify the suspect, but when asked about Glitter a spokesman said the force arrested a man in his 60s early Sunday morning in London on suspicion of sexual offenses in connection with the Savile probe. He remains in custody in a London police station, police said. British police do not generally identify suspects under arrest by name until they are charged.

Glitter, known for his shiny jumpsuits and bouffant wigs, was jailed in Britain in 1999 for possessing child pornography, and convicted in 2006 in Vietnam of committing “obscene acts with children” — offenses involving girls aged 10 and 11. He was deported back to Britain in 2008.

In 2006, the NFL advised its football teams not to use the Glitter version of “Rock and Roll (Part 2)” at games.

One witness recently told a BBC-TV show that she once saw Glitter having sex with a schoolgirl in Savile’s dressing room at the broadcaster’s TV center in the 1970s. Glitter has denied the allegations.

Police have said that though the majority of cases it is investigating relate to Savile alone, some involve the entertainer and other unidentified suspects. In addition, some potential victims who reported abuse by Savile also told police about separate allegations against unidentified men that did not involve the BBC host.

The scandal has horrified Britain with revelations that Savile, the longtime host of the popular BBC shows “Top of the Pops” and “Jim’ll Fix It,” allegedly cajoled and coerced vulnerable teens into having sex with him in his car, his camper van, and even in dingy dressing rooms on BBC premises.

The BBC has set up an independent inquiry into the corporation’s culture and practices in the years Savile worked there. It also launched a separate inquiry into whether its journalists dropped an investigation into the allegations.

But the scandal continues to put the broadcaster under pressure, and it seems likely that more people — either outside or inside the corporation — could be implicated.

“It could be the beginning of other high-profile arrests,” Roy Greenslade, a journalism professor at London’s City University, said in an interview with The Associated Press on Sunday.

Max Clifford, a prominent public relations guru, claimed that dozens of celebrities from the 1960s and 1970s have approached him to express fear that they could be drawn into to the scandal and criticized for their hedonistic behavior in the past.

Greenslade said that while Glitter’s arrest must be a huge concern to the BBC, it is too early to say that the broadcaster’s reputation is in crisis.

“If any BBC employee is shown to be involved, then there would be a nosedive in public trust,” he said. “But nothing at the moment has been proven.”

 

 

Unauthorized Use of a Movable — Louisiana

New Orleans Criminal Defense Attorney

 

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


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.

 

 

Unauthorized Use of a Movable

Unauthorized use of a movable is the intentional taking or use of a movable which belongs to another, either without the other’s consent, or by means of fraudulent conduct, practices, or representations, but without any intention to deprive the other of the movable permanently.  The fact that the movable so taken or used may be classified as an immovable, according to the law pertaining to civil matters, is immaterial.

Whoever commits the crime of unauthorized use of a movable having a value of $500.00 dollars or less shall be fined not more than $500.00 dollars, imprisoned for not more than 6 months, or both.  Whoever commits the crime of unauthorized use of a movable having a value in excess of $500.00 dollars shall be fined not more than $5,000.00 dollars, imprisoned with or without hard labor for not more than 5 years, or both.

Organized Retail Theft — Louisiana

 

New Orleans Criminal Theft Defense Attorney

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

 

If you have been charged with Theft — you need a good lawyer on your side to fight for your rights!

 

Organized Retail Theft — La RS 14:67.25

Organized retail theft is the intentional procuring, receiving, or concealing of stolen retail property with the intent to sell, deliver, or distribute that property.

It shall be presumptive evidence that the owner or operator of any retail establishment has violated this Section when:

(1)  On more than one occasion within any one-hundred-eighty-day period the offender has intentionally possessed, procured, received, or concealed stolen retail property; and

(2)  The stolen retail property was possessed, procured, received, or concealed from or on behalf of any person who:

(a)  Did not have a proper business license; or

(b)  Did not pay sales or use taxes to the state or the appropriate local government subdivision in the jurisdiction where the possessing, procuring, receiving, or concealing took place for the transfer of the items to the owner or operator of the retail establishment; or

(c)  Accepted a cash payment for the stolen retail property and did not provide the owner or operator of the possessing, procuring, receiving, or concealing retail establishment an invoice for the sale.

 

Penalties

Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value less than five hundred dollars shall be imprisoned with or without hard labor for not more than two years, or may be fined not more than two thousand dollars, or both.

Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value more than five hundred dollars shall be imprisoned with or without hard labor for not more than ten years, or may be fined not more than ten thousand dollars, or both.

Cheating and Swindling — Louisiana

New Orleans White Collar Crime Defense Attorney

 

 

Elizabeth B. Carpenter, Esq. — White Collar Crime New Orleans

 

 Cheating and Swindling — La RS 14:67.18

A.  It shall be unlawful for any person who by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, dice, or device, for himself or another, wins or attempts to win money or property or a combination thereof, or reduces a losing wager or attempts to reduce a losing wager, increases a winning wager or attempts to increase a winning wager in connection with gaming operations.

B.(1)  Whoever violates the provisions of this Section when the value of such money or property or combination thereof or reduced or increased wager amounts to a value of one thousand five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2)  When the value of such money or property or combination thereof or reduced or increased wager amounts to a value of five hundred dollars or more, but less than a value of one thousand five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than two thousand dollars, or both.

(3)  When the value of such money or property or combination thereof or reduced or increased wager amounts to less than a value of five hundred dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of cheating and swindling two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.

 

Facing an indictment for a white collar crime is one of the most difficult experiences one could possibly endure. In addition to whatever consequences a conviction might bring, including prison time and permanent felony conviction on your record, a white collar crime charge can do lasting damage to your reputation and tear apart your family, even if you are not convicted. Elizabeth B. Carpenter, Law understands the stress that you are experiencing. Our job is to minimize any potential damage to your future and protect your rights.

Theft of Motor Vehicle Fuel — Louisiana

 

New Orleans Criminal Theft Defense Attorney

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

 

If you have been charged with Theft — you need a good lawyer on your side to fight for your rights!

 

Theft of Motor Vehicle Fuel — La RS 14:67.17

No person shall dispense fuel, including gasoline and diesel, into the fuel tank of a motor vehicle at an establishment in which motor gasoline or diesel is offered for retail sale and leave the premises of the establishment unless the payment or authorized charge for the fuel has been made.

Whoever violates the provisions of this Section shall be subject to a fine or imprisonment or both, in accordance with the penalties prescribed in R.S. 14:67.

In addition, the driver’s license of any person violating the provisions of this Section shall be suspended upon conviction or plea of guilty or nolo contendere.  Upon a first conviction, the driver’s license suspension shall be for a period not to exceed 6 months.  Upon a second or subsequent conviction, the suspension shall be for a period not to exceed one year.  Upon conviction or plea of guilty or nolo contendere, the court shall surrender the driver’s license to the Department of Public Safety and Corrections for suspension in accordance with the provisions of this Section.

 

Contact Elizabeth B. Carpenter, Esq. to schedule a Consultation today!

Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — Louisiana

New Orleans Criminal Defense Attorney

 

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


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.

 

Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — 14:112.2

Fraudulent portrayal of a law enforcement officer or firefighter is the impersonation of any law enforcement officer or firefighter for the purpose of obtaining access to a public building, facility, or service.  The fraudulent portrayal includes but is not limited to any of the following:

(1)  Portraying or impersonating a law enforcement officer or firefighter by any means.

(2)  Possessing, without authority, any uniform or badge by which a law enforcement officer or firefighter is identified.

(3)  Performing any act purporting to be official while portraying a law enforcement officer or firefighter.

(4)  Making, altering, possessing, or using a false document or document containing false statements which purports to be a training program certificate or in-service training certificate or other documentation issued by the Council on Peace Officer Standards and Training, pursuant to R.S. 40:2405, which certifies the peace officer has successfully completed the requirements necessary to exercise his authority as a peace officer.

(5)  Making, altering, possessing, or using any false documents or credentials which purport to identify the person as a law enforcement officer or firefighter.

For the purposes of this Section, “law enforcement officer or firefighter” shall include police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, firemen, and probation and parole officers.

 “Access to a public building, facility, or service” includes but is not limited to the following:

(1)  Free and unhampered passage on and over toll bridges and ferries in this state.

(2)  Free passage on and over the Crescent City Connection Bridge at New Orleans.

(3)  Free passage on any tollway as defined in R.S. 48:2021(17).

(4)  Free parking at any parking facility owned by the state or any of its political subdivisions.

(5)  Free admission or reduced price admission to any entertainment, cultural, or sporting event.

Whoever commits the crime of fraudulent portrayal of a law enforcement officer or firefighter shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not more than 2 years, or both.

False Impersonation of a Police Officer or Firefighter — Louisiana

New Orleans Criminal Defense Attorney

 

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


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.

 

False Personation of a Police Officer or Firefighter– La RS 14:112.1

False personation of a peace officer is the performance of any one or more of the following acts with the intent to injure or defraud or to obtain or secure any special privilege or advantage:

(1)  Impersonating any peace officer or assuming, without authority, any uniform or badge by which a peace officer or firefighter is lawfully distinguished.

(2)  Performing any act purporting to be official in such assumed character.

(3)  Making, altering, possession, or use of a false document or document containing false statements which purports to be a training program certificate or in-service training certificate or other documentation issued by the Council on Peace Officer Standards and Training, pursuant to R.S. 40:2405, which certifies the peace officer has successfully completed the requirements necessary to exercise his authority as a peace officer.

(4)  Equipping any motor vehicle with lights or sirens which simulate a law enforcement vehicle.

Whoever commits the crime of false personation of a peace officer or firefighter shall be fined not more than $1,000 dollars or imprisoned with or without hard labor for not more than 2 years, or both