Posts Tagged ‘Theft’
Unauthorized Use of “Access Card” / Credit Card as Theft — Louisiana
March 26, 2012
Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. — Criminal Attorney New Orleans
If you have been charged with Unauthorized Use of Credit Card — you need a good lawyer on your side to fight for your rights!
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 “Access Card” — La RS 14:67.3
Definitions
“Access card” shall mean and include any card, plate, account number, paper, book, or any other device, issued to a person which authorizes such person to obtain credit, money, goods, services, or anything of value, whether contemporaneously or not, by use of any credit or deferred payment plan with the issuer or by use of debiting or charging such person’s demand deposit or savings or time account with the issuer or by debiting or charging any other funds such person has on deposit with the issuer.
“Revoked Access Card” as used herein shall mean an Access Card which has been cancelled or terminated by the issuer of said Access Card.
** The aggregate amount or value of credit, money, goods, services or anything else of value obtained shall determine the value of the misappropriation or taking in determining the penalty under R.S. 14:67 when the offender has obtained the credit, money, goods, services or anything else of value from any one issuer or the offender has used an Access Card, or referred to a nonexistent Access Card on two or more occasions within any consecutive ninety day period.
Penalties
Whoever, directly or indirectly, by agent or otherwise, with intent to defraud, (1) uses a forged Access Card, (2) makes reference by number or other description to a nonexistent Access Card, (3) steals or wrongfully appropriates an Access Card, or (4) uses an Access Card belonging to another person without authority of said person; thereby obtaining, whether contemporaneously or not, credit, money, goods, services or anything of value shall be guilty of theft and shall be subject to the penalties provided for the crime of theft in R.S. 14:67.
Whoever, directly or indirectly, by agent or otherwise, with intent to defraud, uses a revoked Access Card, thereby obtaining, whether contemporaneously or not, credit, money, goods, services or anything of value shall be guilty of theft and shall be subject to the penalties provided for the crime of theft in R.S. 14:67. For purposes of this Subsection, it shall be presumptive evidence that a person used a revoked Access Card with intent to defraud if the said person, directly or indirectly, by agent or otherwise, uses the said Access Card after actually receiving oral or written notice that the Access Card has been cancelled or terminated, or if said person, directly or indirectly, by agent or otherwise, uses the said Access Card at a time period more than five days after written notice of the termination or cancellation of said Access Card has been deposited by registered or certified mail in the United States mail system. Said notice shall be addressed to the person to whom such Access Card has been issued at the last known address for such person as shown on the records of the issuer.
Whoever, directly or indirectly, by agent or otherwise, with the intent to defraud, uses an Access Card to obtain, whether contemporaneously or not, money, goods, services or anything of value, and the final payment for said items is to be made by debiting or charging said person’s demand deposit or savings or time account with issuer, or by debiting or charging any other funds said person has on deposit with issuer, and there are not sufficient funds on deposit to the credit of said person with the issuer to make payment in full of said items obtained, said person shall have committed the crime of theft in R.S. 14:67. Said person’s failure to pay the amount due on said items obtained:
(1) Within ten days after written notice of said amount due has been deposited by certified or registered mail in the United States mail system addressed to the person to whom such Access Card has been issued at the last known address for such person as shown on the records of issuer; or
(2) Within ten days of delivery or personal tender of said written notice shall be presumptive evidence of said person’s intent to defraud.
*** As used herein and in R.S. 14:67, the Access Card itself shall be a thing of value, with a value less than one hundred dollars.
*** In addition to any other fine or penalty imposed under this Section or under R.S. 14:67, the court may, at its discretion, order as a part of the sentence, restitution.
Elizabeth B Carpenter Law — Contact us to schedule a consultation!
Theft — Louisiana
March 19, 2012
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 — La RS 14:67
Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
Penalties
When the misappropriation or taking amounts to a value of $1500.00 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 , or both. This is a Felony.
When the misappropriation or taking amounts to a value of $500 or more, but less than a value of $1,500.00 , the offender shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $2,000.00 , or both.
When the misappropriation or taking amounts to less than a value of $500 dollars, the offender shall be imprisoned for not more than 6 months, or may be fined not more than $1,000.00, or both. If the offender in such cases has been convicted of theft 2 or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than 2 years, or may be fined not more than$2,000.00, or both. Generally, this is a misdemeanor.
** 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 taking shall determine the grade of the offense.
Contact Elizabeth B. Carpenter, Esq. to schedule a Consultation today!
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.
Theft of a Firearm — Louisiana
January 5, 2012
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — Criminal Defense New Orleans
If you or a loved one is facing the charge of Theft of a Firearm, please contact the Law Office of Elizabeth B. Carpenter a New Orleans Criminal Defense Law Firm for a consultation.
You need to speak with a criminal defense attorney as soon as possible. Many legal rights have time-specific deadlines and legal matters will become harder to manage successfully the longer they are left unattended.
Theft of a Firearm — La R.S. 14:67.15
Theft of a firearm is the misappropriation or taking of a firearm which belongs to another, either without the consent of the other to the misappropriation or taking or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of the firearm is essential.
For purposes of this Section, “firearm” means a shotgun or rifle, or a pistol, revolver, or other handgun.
Penalties
For a first offense — imprisonment with or without hard labor for not less than 2 years nor more than t10 years, without the benefit of probation, parole, or suspension of sentence and a fine of $1,000.00
For a second offense — imprisonment with or without hard labor for not less than 5 years nor more than 15 years, without the benefit of probation, parole, or suspension of sentence and a fine of $2,000.00
For a third and subsequent offense — imprisonment at hard labor for not less than 15 years nor more than 30 years, without the benefit of probation, parole, or suspension of sentence and a fine of $5,000.00
Purse Snatching Laws — Louisiana
November 25, 2011
New Orleans Criminal Defense
Elizabeth B. Carpenter, Esq. — Louisiana Theft Attorney
Purse snatching — La R.S. 14:65.1
Purse Snatching is the Theft of anything of value contained within a purse or wallet at the time of the theft, from the person of another or which is in the immediate control of another, by use of force, intimidation, or by snatching, but not armed with a dangerous weapon.
Whoever commits the crime of purse snatching shall be imprisoned, with or without hard labor, for 2 to 20 years.
Purse snatching is a Crime of Violence under La Revised Statutes.
If you or a loved on is facing Theft charges, you need an experienced hard-working attorney. Contact the Law Office of Elizabeth B. Carpenter, Esq. to schedule a consultation. Start Building Your Defense Today!
Posted in Crimes Defined, Criminal Statutes, Theft | Tags: New Orleans Criminal Defense, Purse Snatching, Theft | No Comments »
Shoplifting Laws — Louisiana
October 24, 2011
New Orleans Criminal Defense Attorney
Attorney Elizabeth B. Carpenter Shoplifting Defense
Serving Orleans, Jefferson, Terrebonne, Baton Rouge, Plaquemines, St. Bernard, St. Tammany, St. Charles, St. John the Baptist Parishes!
I have been receiving an unusually high number of questions about the crime of shoplifting, its penal consequences and the grade of the offense (misdemeanor or felony). In the Louisiana Criminal Code, shoplifting is called “theft of goods.” The statute can be found at La. RS 14:67.10 and reads in pertinent part:
Theft of goods is the misappropriation or taking of anything of value which is held for sale by a merchant, either without the consent of the merchant or by means of fraudulent conduct. An intent to deprive the merchant permanently the subject of the misappropriation or taking is essential. The intent may be inferred when a person:
(1) Intentionally conceals, on his person or otherwise, goods held for sale.
(2) Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection.
(3) Alters or transfers any price marking reflecting the actual retail price of the goods.
(4) Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods.
(5) Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.
(6) Damages or consumes goods or property so as to render it unmerchantable.
Like most offenses that can be quantified in a dollar amount, the grade of the offense and the penal consequences depend upon the value of the goods at issue.
Shoplifting
- Value of the goods is $1,500.00 or more => Felony; Imprisoned for not more than 10 years with or without hard labor; and/or Fine of $3,000.00
- Value of the goods is $500.00 but less than $1,500.00 => Felony; Imprisoned for not more than 5 years with or without hard labor; and/or Fine of not more than $2,000.00
- Value of the goods is less than $500.00 => Misdemeanor; Imprisoned for not more than 6 months; and/or Fined of not more than $500.00
It should be understood that shoplifting in Louisiana is an enhanceable offense, meaning that subsequent convictions will carry harsher sentences and steeper fines. Furthermore, when the misappropriation or taking occurred on multiple occasions and/or by a number of distinct acts of the offender, the aggregate value of the misappropriations or takings shall determine the grade of the offense.
Contact
If you have been arrested for shoplifting / theft of goods in the New Orleans area, consult the Attorney Elizabeth Bagert Carpenter for a criminal defense case evaluation.
Posted in Crimes Defined, Criminal Statutes, Property Crimes | Tags: New Orleans Criminal Defense, Shoplifting, Theft | No Comments »
