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 [...]

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 [...]

Heroin Possession and Distribution — Louisiana

Louisiana Heroin Laws Under the Louisiana Criminal Code, Heroin is classified as a Schedule I controlled dangerous substance. The laws pertaining to possession and distribution are as follows: Possession of Heroin Penalties If a person is found in possession of heroin or a mixture or substance containing a detectable amount of heroin or of its analogues, upon conviction for an amount: (a) An aggregate weight of less than 2 grams, shall be sentenced to a term of imprisonment, with or without hard labor, for not less than 2 years nor more than 4 years. (b) An aggregate weight of 2 grams or [...]

Unlawful Use or Access of Social Media By Sex Offender– Louisiana

Unlawful Use or Access of Social Network by a Sex Offender  The following shall constitute unlawful use of a social networking website:             (1) The intentional use of a social networking website by a person who is required to register as a sex offender and who was convicted of R.S. 14:81 (indecent behavior with juveniles), R.S. 14:81.1 (pornography involving juveniles), R.S. 14:81.3 (computer-aided solicitation of a minor), or R.S. 14:283 (video voyeurism) or was convicted of a sex offense as defined in R.S. 15:541 in which the victim of the sex offense was a minor. (2) The provisions of this [...]

Re-Homing of a Child – Louisiana Law

  Re-Homing of a Child -- La. R.S. 14:46.4 This law was enacted during the 2014 legislative session. The statute may be found here.   Re-homing of a child is any one of the following: (1) A transaction, or any action taken to facilitate such transaction, through electronic means or otherwise by a parent or any individual or entity with custody of a child who intends to avoid or divest himself of permanent parental responsibility by placing the child in the physical custody of a non-relative, without court approval, unless Subsection B of this Section applies. Actions include but are [...]

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