Posts Tagged ‘Best White Collar Defense’
What is Criminal Conspiracy? — Louisiana
March 14, 2013
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
January 29, 2013
Experienced Criminal Defense Attorney
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.
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Cheating and Swindling — Louisiana
May 22, 2012
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.
Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — Louisiana
May 21, 2012
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.
Posted in Crimes Defined, Criminal Statutes, Law Enforcement / Police | Tags: Attorney New Orleans, Best White Collar Defense, Criminal Defense New Orleans, Defense Attorney New Orelans, Impersonation of a Police Officer, New Orleans Criminal Defense, Personation of Firefighter, white collar crime | No Comments »
False Impersonation of a Police Officer or Firefighter — Louisiana
May 21, 2012
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
False Impersonation Law — Louisiana
May 21, 2012
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 Impersonation — 14:1112
False personation is the performance of any of the following acts with the intent to injure or defraud, or to obtain or secure any special privilege or advantage:
(1) Impersonating any public officer, or private individual having special authority by law to perform an act affecting the rights or interests of another, or the assuming, without authority, of any uniform or badge by which such officer or person is lawfully distinguished; or
(2) Performing any act purporting to be official in such assumed character.
Whoever commits the crime of false personation shall be fined not more than $100.00 dollars, or imprisoned for not more than 90 days, or both.
Obstruction of Court Orders — Louisiana
May 7, 2012
New Orleans White Collar Crimes Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Obstruction of Court Orders — 14:133.1
Whoever, by threats or force, or wilfully prevents, obstructs, impedes, or interferes with, or wilfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the state of Louisiana, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.
No injunctive or other civil relief against the conduct made criminal by this Section shall be denied on the ground that such conduct is a violation of criminal law, and, when granted, the order, judgment or decree granting such relief as to conduct which does constitute a violation of criminal law shall be construed as a mandate to all law enforcement officers to take such affirmative action as may be necessary to apprehend, arrest and charge any person or persons who engage in such conduct
Filing or Maintaining False Public Records — Louisiana
May 7, 2012
New Orleans White Collar Crime Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Filing or Maintaining False Public Records — La RS 14:133
Filing false public records is the filing or depositing for record in any public office or with any public official, or the maintaining as required by law, regulation, or rule, with knowledge of its falsity, of any of the following:
(1) Any forged document.
(2) Any wrongfully altered document.
(3) Any document containing a false statement or false representation of a material fact.
The good faith inclusion of any item of cost on a Medical Assistance Program cost report which is later determined by audit to be nonreimbursable under state and federal regulations shall be an affirmative defense to a violation of this Section.
Whoever commits the crime of filing false public records shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than $5,000.00 dollars, or both.
In addition to the penalty provided for in Paragraph (1) of this Subsection, a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense.
Injuring Public Records — Louisiana
May 7, 2012
New Orleans White Collar Crime Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Injuring Public Records — La RS 14:132
First degree injuring public records is the intentional removal, mutilation, destruction, alteration, falsification, or concealment of any record, document, or other thing, filed or deposited, by authority of law, in any public office or with any public officer.
Second degree injuring public records is the intentional removal, mutilation, destruction, alteration, falsification, or concealment of any record, document, or other thing, defined as a public record pursuant to R.S. 44:1 et seq. and required to be preserved in any public office or by any person or public officer pursuant to R.S. 44:36.
Penalties
Whoever commits the crime of first degree injuring public records shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than $5,000.00 dollars or both.
Whoever commits the crime of second degree injuring public records shall be imprisoned for not more than one year with or without hard labor or shall be fined not more than $1,000.00 dollars or both.
Compounding a Felony — Louisiana
May 7, 2012
New Orleans White Collar Crime Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Compounding a Felony — La RS 14:131
Compounding a felony is the accepting of anything of apparent present or prospective value which belongs to another, or of any promise thereof, by a person having knowledge of the commission of a felony, upon an agreement, express or implied, to conceal such offense, or not to prosecute the same, or not to reveal or give evidence thereof.
Whoever commits the offense of compounding a felony 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.
