Baton Rouge Criminal Lawyer Blog

Many times, when someone is a victim of a robbery, home burglary, or car burglary, they describe the incident by saying they “got robbed.” In a more technical and legal sense, robbery and burglary are two separate crimes.

Burglary is the unauthorized entry into a home, business, or vehicle, with the intent to commit a theft or felony therein. It is common that the offender commits the offense when the victim is not present. For example, burglary occurs when the offender breaks the window of a parked vehicle and takes items from the vehicle.

On the other hand, a robbery is the intentional taking of something from the person of another with the use of force or violence.  This crime carries more severe consequences than burglary. An example of robbery is when the offender enters a store and points a gun at the clerk demanding money.  When a dangerous weapon is used in a robbery, the charge becomes armed robbery that carries a sentence of 10-99 years in prison without probation or parole.

The distinction between robbery and burglary is important in terms of the potential sentence of the offender if convicted.

Being found to be in possession of marijuana can lead to the prosecutor charging an individual with either a misdemeanor or a felony, depending on the facts and circumstance of the case.  The distinction is important because the penalties have a wide variation.

The misdemeanor-grade charge of possession of marijuana is a first offense simple possession charge. In this instance, there are no facts to show the defendant possessed with intent to distribute or sell. If facts did exist, the charge could be increased to the felony charge of Possession with Intent to Distribute. Facts that may be used to prove intent to distribute may include the presence of scales, baggies, weapons and cash. Possession with Intent to Distribute Marijuana (Schedule I) carries a sentencing range of 5-30 years in prison. On the other hand, simple possession of marijuana, first offense, carries 0-6 months in jail.

Simple possession of marijuana can also be increased to a felony, without the facts indicating intent to distribute, when the State can prove the defendant has a prior conviction for possession of marijuana. Therefore, Possession of Marijuana, Second Offense, is a felony, punishable up to 5 years in prison.

If you are faced with a marijuana charge in Louisiana, contact Carl Barkemeyer, Baton Rouge Marijuana Defense Lawyer at (225) 964-6720.

Often times, the crime of assault is confused with the crime of battery. Additionally, there are many different forms of assault that range from misdemeanors to felonies. An assault in Louisiana is defined as an attempt to commit a battery, or the intentional placing of another in the reasonable apprehension of receiving a battery, in other words, making another believe he/she is about to receive a battery. Assault differs from a battery in that a battery involves the actual use of force or violence on another. Battery and Assault are not the same crime in Louisiana.

The most minor form of assault is a Simple Assault, which is an assault committed without the use of a dangerous weapon. It is a misdemeanor offense in Louisiana. An assault becomes an Aggravated Assault when it is committed with a dangerous weapon. It is a misdemeanor punishable by imprisonment of up to six months. In the case of an aggravated assault with a firearm, the penalties become more severe. If a firearm is discharged during the assault, the crime becomes a felony punishable up to 5 years in prison.

If you or someone you know needs a Baton Rouge Assault Lawyer or a Baton Rouge Battery Lawyer, call Carl Barkemeyer at (225) 964-6720 for a consultation.

This week, a man in Calcasieu Parish, Louisiana was arrested for DWI with the Child Endangerment provision, among other charges. He is accused of driving a school bus with, at one point, 49 children aboard. The Child Endangerment provision may apply when a minor twelve years of age or younger is a passenger in the vehicle during the commission of the crime.

The Child Endangerment provision under the Louisiana DWI statute (La. R.S. 14:98) increases the punishment if the defendant is convicted of the DWI. It provides that the minimum sentence may not be suspended, therefore, the defendant will be required to do jail time. For instance, upon a first conviction for DWI, the defendant would be required to serve 10 days in jail.

If you are faced with a DWI or DUI in Louisiana, contact Baton Rouge DWI Lawyer Carl Barkemeyer at (225) 964-6720 to discuss your case.

Two Baton Rouge men were arrested for stealing items from a man’s home and trying to dump them at a Port Allen scrapyard.

Previously, the owner of the items went to different scrapyards in Port Allen and Baton Rouge telling workers he had some items stolen from his home, including electrical wiring and a bathtub, and to notify him if any of the items were dropped off at their yards.

A few days later, workers at a scrapyard in Port Allen called him to say two men had just dropped off items similar to what he had described.  The scrapyard employees stalled the two men so the owner could come and confirm the items belonged to him.  Consequently, West Baton Rouge Sheriff’s deputies arrested the two men and booked them into the West Baton Rouge Parish Prison on a count each of illegal possession of stolen things.

If you have been charged with illegal possession of stolen things or another criminal charge, contact Baton Rouge Theft Attorney Carl Barkemeyer.

Source: The Advocate, “WBR sheriff’s deputies arrest two in thefts,” November 27, 2012.

Thirty-three people were arrested two nights ago at Shady’s Bar near LSU in Baton Rouge.   They are facing various criminal charges including underage drinking, disturbing the peace, and interfering with a police investigation.  The arrests were a result of a Baton Rouge law enforcement operation to check alcohol compliance at the bar.

Twelve people were arrested for being in the bar without identification, one for being under the age of 18, two for disturbing the peace by intoxication and interfering with a police investigation, and 18 were arrested for the charge of minor in possession of alcohol.

The owners and operators of Shady’s Bar may be facing criminal charges as well.

If you have been arrested and/or charged with any criminal offenses contact Baton Rouge Criminal Defense Attorney Carl Barkemeyer.

View a video about the minor in possession of alcohol charge in Louisiana.

Source: The Advocate, Authorities round up 33 at Shady’s bar, November 16, 2012.

Yesterday, four former LSU football players, including Jordan Jefferson and Tyrann Mathieu were arrested for possession of marijuana charges. Jefferson and Mathieu were arrested for simple possession of marijuana while the other two were arrested for second offense possession of marijuana and possession with intent to distribute. The actual crimes for which the men will be formally charged by the prosecutor remain to be determined.

The difference between the charges is important because all these charges differ in severity. Possession of marijuana first offense is a misdemeanor punishable by 0-6 months in jail and a fine. Possession of marijuana second offense is a felony punishable by 0-5 years in prison. Possession with intent to distribute is a felony that carries a sentencing range of 5-30 years in prison.  Important facts that the prosecution would likely use to prove “intent to distribute” may include the possession of a digital scale and baggies.

For more information regarding this topic, visit http://www.carlbarkemeyer.com/page.php?page=baton-rouge-marijuana-possession-lawyer.

If you or someone you know has a marijuana charge, contact Carl Barkemeyer, Baton Rouge criminal defense lawyer, at (225) 964-6720.

The DWI Task Force of the Baton Rouge Police Department has a specially-equipped vehicle where field sobriety tests can be administered as well as the breathalyzer.  If you have been under arrest in Baton Rouge for DWI, chances are you have visited the inside of the van.  The Task Force van moves around Baton Rouge, changing its location frequently. However, if you notice one nearby, there will likely be some arrests for DWI in that area.

Being arrested and charged with a DWI in Louisiana is a serious dilemma.  A DWI conviction can make it more difficult to obtain employment and acceptance to schools. If you or someone you know has a DWI charge, contact Baton Rouge DWI lawyer, Carl Barkemeyer, at (225) 964-6720.

The Baton Rouge prosecutor’s office now offers a pre-trial intervention program for minors in possession of alcohol.  This program is similar to the DWI pre-trial program.  A common occurrence is for minors to acquire this charge while drinking and tailgating at LSU football games.

The $750, four-month program is intended for first-time offenders who face Minor In Possession charges. The misdemeanor will be dismissed once the defendant successfully complete the program.  The defendant can then file a motion to expunge the arrest. An expungement is the removal of the arrest or summons from one’s record.  However, be aware that law enforcement, some state agencies, and professional boards would still have access to a criminal record even with an expunged arrest.  Therefore, even the misdemeanor charge of Minor in Possession of Alcohol in Louisiana may affect your future plans, such as applying to medical school or a state job.

To learn more about the Baton Rouge Minor in Possession of Alcohol Charge go to Minor in Possession Charge presented by Baton Rouge MIP Defense Attorney Carl Barkemeyer.

Over the four-month period, offenders will be subject to random drug tests, to attend MADD victim impact panel classes and AA meetings, perform 16 hours of community service, substance abuse evaluations, and attend driver improvement school.

Of course, instead of enrolling in the pre-trial intervention program, the other option would be to plead guilty or go to trial.

The fine for Minor in Possession of Alcohol still remains at $300.

If you have been arrested and charged with MIP or DWI, contact Baton Rouge DWI and MIP Defense Attorney Carl Barkemeyer.  He will be able to review your record to explore possible defenses to these criminal charges.

To learn more about misdemeanor charges in Louisiana, go to Misdemeanor Charges in Louisiana presented by Baton Rouge Misdemeanor Defense Attorney Carl Barkemeyer.

Royce McLin allegedly made statements using a bogus account on Facebook, the social networking website, about three Livingston Parish Council members.  As a result, McLin, who is a former Livingston Parish government employee, was issued court summonses accusing him of defamation.

Council members Cindy Wale, Chance Parent and James Norred filed the complaints.  The comments allegedly were about various topics such as homosexuality, adultery, and the Ku Klux Klan, according to the affidavits.

Defamation is usually handled as a civil matter.  In fact, the state Supreme Court twice has found the criminal statute unconstitutional, once in 1973 and again in 1981 in cases involving public officials.

McLin said he is innocent and plans to plead not guilty when he goes to court in October.

In June, sheriff’s detectives served Mclin with a search warrant and confiscated his computer equipment from his home.  After State Police analyzed his computer, they determined “the identity of the fake Facebook account was found to be Royce McLin, ” according to an affidavit.

The penalty for a conviction of defamation is a fine of up to $500 and imprisonment of not more than six months or both.

Louisiana Revised Statute 14:47 says, “Defamation is a malicious publication or expression in any manner” that exposes a person “to hatred, contempt or ridicule.”

Source: The Advocate, Facebook posts lead to summons, August 18, 2012.