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 [...]

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 [...]

Second Degree Cruelty to Juvenile — Louisiana

Second Degree Cruelty to Juveniles Defense Attorney Second Degree Cruelty to juveniles is a very serious charge. A parent who has been charged with this offense is facing the risk of losing parent rights and going to prison. What is Second Degree Cruelty to Juveniles? Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of seventeen to any child under the age of seventeen which causes serious bodily injury or neurological impairment to that child. "Serious bodily injury" means bodily injury involving protracted and obvious disfigurement or protracted loss [...]

Schedule II Controlled Dangerous Substances — Louisiana

SCHEDULE II CONTROLLED DANGEROUS SUBSTANCE -- La. R.S. 40:964  The following is a list of Schedule II controlled and dangerous substances as defined in the Louisiana Criminal Code.  You can find the statutes pertaining to illegal possession, manufacturing, and distribution here. A.  Substances of vegetable origin or chemical synthesis.  Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1)  Opium and opiate, and any salt, compound, isomer, derivative, [...]

Unlawful Presence of a Sexually Violent Predator — Louisiana

  Unlawful Presence of a Sexually Violent Predator Law Unlawful presence of a sexually violent predator is any of the following: The physical presence of a sexually violent predator on the school property of any public or private, elementary or secondary school, or in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle. The physical residing of a sexually violent predator within one [...]

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 [...]

Possession of Schedule I Controlled Dangerous Substance — Louisiana

POSSESSION NARCOTIC DRUGS LISTED IN SCHEDULE I -- LA R.S. 40:966 Possession of a Schedule I Louisiana Law It is unlawful for any person to possess a controlled dangerous substance classified in Schedule I unless such substance was obtained directly by valid prescription or other professional practice authorized by law. This includes counterfeit Schedule I controlled substances. Penalties For Violation: Possession of a drug or substance classified in Schedule I, except for heroin, marijuana/ cannabis or synthetic cannabis, penalties: (a) An aggregate weight of less than 2 grams, shall be imprisoned, with or without hard labor, for not more than 2 years and [...]

Batson v. Kentucky: Facts and Case Summary

  Summary of a Fourteenth Amendment Landmark Case: Batson v. Kentucky 476 U.S. 79 (1986) Facts: When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason). In the case Batson v. Kentucky, Batson, the defendant, was an African American man convicted of burglary and receipt of stolen goods in a Louisville, Kentucky court by a jury composed entirely of white jurors. The key part of his appeal was based on the jury [...]

By |2015-06-12T14:59:07+00:00June 11th, 2015|Categories: Case Law, Jury, U.S. Supreme Court|Tags: , |
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