Obscenity – Louisiana

OBSCENITY LAWS - La. R.S. 14:106 If you or a loved one is facing an Obscenity charge, you must contact a criminal defense attorney for a consultation. The crime of obscenity is the intentional: Exposure of the genitals, pubic hair, anus, vulva, or female breast nipples in any public place or place open to the public view, or in any prison or jail, with the intent of arousing sexual desire or which appeals to prurient interest or is patently offensive. Even a simple prank of flashing someone could be seen as obscenity to others. Hard core sexual conduct when the judge [...]

Aggravated Battery — Louisiana

New Orleans Battery Defense Attorney Aggravated Battery -- La RS 14:34 Aggravated battery is a battery committed with a dangerous weapon. Penalty and Sentencing This is a felony and a crime of violence. Whoever commits an aggravated battery shall be fined not more than Five Thousand Dollars, imprisoned with or without hard labor for not more than 10 years, or both. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States [...]

Heroin Possession and Distribution — Louisiana

Louisiana Heroin Laws Our New Orleans drug defense attorney knows that people battling drug addiction or abuse need help. They are not bad people; they are suffering from a disease and need care and treatment to recover. Ms. Carpenter fights on behalf of those charged with drug possession offenses, working to obtain an outcome that avoids jail time and focuses on rehabilitation and recovery. Under the Louisiana Criminal Code, Heroin is classified as a Schedule I controlled dangerous substance. These crimes are felonies. The laws pertaining to possession and distribution are as follows: Possession of Heroin Penalties If a person is found [...]

Second Degree Battery / Aggravated Second Degree Battery – Louisiana

Second Degree Battery -- La RS 14:34.1 Under Louisiana, Second degree battery is a felony and also a crime of violence. It is defined as a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient. Definitions (1) "Active member of the United States Armed Forces" shall mean an active member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard. (2) "Disabled veteran" [...]

Overview of Battery Laws in Louisiana

New Orleans Battery Attorney Battery Defined -- 14:33 Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another. Simple Battery -- La R.S. 14:35 Simple battery is a battery committed without the consent of the victim. Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both. Aggravated Battery -- La RS 14:34 Aggravated battery is a battery committed with a dangerous weapon. This crime is a felony. Whoever commits [...]

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.

By |2020-01-16T04:34:56+00:00January 15th, 2020|Categories: Law Firm News|Tags: , |

Organized Retail Theft — Louisiana Law

  Organized Retail Theft The law for Organized Retail Theft can be found at La. R.S. 14:67.25. Organized retail theft is defined as 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 [...]

Theft Laws– Louisiana

New Orleans Theft Defense Attorney 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 $25,000.00 or more shall be imprisoned, with or without hard labor, for not more than 20 years, or may be fined not more [...]

SCOTUS Update: Glossip v. Gross

  Supreme Court Rules Executions Performed With Controversial Drugs Not Unconstitutional Another day, another 5-4 split on the U.S. Supreme Court along ideological lines. I’m referring to the recent high-court decision in which held that executions carried out by a controversial three-drug protocol did not constitute “cruel and unusual punishment” under the Constitution’s Eighth Amendment. Lead plaintiff Charles Warner, convicted in 2003 of raping and murdering an 11-month-old in 1997, was put to death in Oklahoma while awaiting the ruling in this case. The issue at bar (officially the case was called Glossip v. Gross) was the use of the drug [...]

By |2015-08-05T01:24:33+00:00August 5th, 2015|Categories: Case Law, U.S. Supreme Court|Tags: , |

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 [...]

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