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" [...]

Louisiana Burglary Laws

  Overview of Louisiana Burglary Laws Burglary in Louisiana is defined as the unlawful entry into a structure with intent to commit crime inside.  Burglary frequently occurs when there are no witnesses or victims present to actually identify the perpetrator. Therefore, false accusations occur regularly.  THESE CRIMES ARE FELONIES, it is crucial that you retain an experienced lawyer to thoroughly examine your case  and determine if there are any weaknesses in the state's evidence.  As you will see below,  there are many different factors that can enhance or diminish the seriousness of the particular burglary charge.  A skilled lawyer is necessary [...]

Louisiana Crimes of Violence

What is a Crime of Violence in Louisiana? The law pertaining to "Crimes of violence" in Louisiana can be found under Louisiana Revised Statutes 14:2(B). An offense is considered a crime of violence when it has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon. [...]

Carnal Knowledge of a Juvenile — Louisiana

Carnal Knowledge of a Juvenile Attorney New Orleans Carnal Knowledge of  Juvenile in Louisiana can be a Felony or a Misdemeanor Sex Crime.  As far as clients are concerned, the most important difference between the 2 offenses is that a conviction of Misdemeanor Carnal Knowledge of a Juvenile does not require Sex Offender Registration and is expungeable, whereas Felony Carnal Knowledge of a Juvenile requires sex offender registration and the conviction is non-expungeable, however the felony offense is probatable -- meaning the judge may suspend the sentence and order the defendant to serve a number of years of state probation in lieu of incarceration.  It is also important to note [...]

Sexual Battery — Louisiana

Sexual Battery Lawyer New Orleans In Louisiana Sexual Battery is the intentional touching of the anus or genitals of another person using any instrumentality or any part of the body of the offender.  This offense also encompasses the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, when the offender acts without the con set of the victim or when the act is consensual but the victim is under 15 and is at least 3 years younger than the offender. If the offender is [...]

Drug Crimes and Drug Court — Louisiana

New Orleans Drug Crime Defense Attorney Earlier this year, I attended a seminar led by S. Alex Stalcup M.D., an addiction specialist. In the first statement of his lecture he said, “Trying to practice criminal law and not understanding addiction is like trying to be a mechanic and not understanding how to change a flat tire.”  According to his research 4 out of 5 criminal defendants meet one or more of the following criteria: Regular drug abuser, Was on drugs at the time of the offense, Committed the crime to support a drug habit, Charged with a drug related [...]

Schedule I Controlled Dangerous Substance List — Louisiana

 List of Schedule I controlled and dangerous substances as defined in the Louisiana Criminal Code. By definition Schedule I substances are those that have the following findings: The drug or other substance has a high potential for abuse. The drug or other substance has no currently accepted medical use in treatment in the United States. There is a lack of accepted safety for use of the drug or other substance under medical supervision. RELATED POST:  Possession of Schedule I In 2012 the Louisiana Legislature added Phenazepam to the list of Schedule I SCHEDULE I CONTROLLED DANGEROUS SUBSTANCE -- La. [...]

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 [...]

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