Criminal Defense Attorney New Orleans. Elizabeth B Carpenter Law Firm (504) 599-5955 201 St Charles Ave Suite 2500, New Orleans, LA 70170 Can the prosecutor can prove the defendant was convicted of the prior felony and what was the felony conviction. Is it a felony conviction of felony crime of violence, simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, felony drug charge, any sex offense listed in R.S. 15:541, any crime defined as an attempt to commit one of the crimes above, domestic abuse charges listed in 14:95.10. It could end up being a felony conviction that is not listed above. Then, we consider the defenses to possession. Possession must be knowing or intentional. The State must be able to prove that the weapon was in fact in his possession and that he knew the weapon was in his possession. This is a very fact-intensive analysis. Every case is different. Criminal possession of a firearm occurs when the firearm is subject to the defendant’s person, personal space and control by a convicted felon. A defendant’s person, personal space and control over a weapon constitutes constructive possession, even if it is only temporary and even if the control is shared. Constructive possession contains an element of awareness or knowledge that the firearm is there and a general intent to possess it. Intent exists when the circumstances indicate that the offender, in the ordinary course of human life, must have adverted to the prescribed criminal consequences as the result from his act or failure to act. Although the existence of intent is a question of fact, it may be inferred from the details of the event.

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By |2020-01-21T20:43:58+00:00January 29th, 2015|
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