Louisiana has a specific criminal statute dealing with identity theft. See LA Rev. Statutes, §14:67.16. In Louisiana, identity theft is defined as "the intentional use, possession, transfer, or attempted use, with fraudulent intent, by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or anything else of value without the authorization or consent of the other person."
As can be seen, this is a crime of theft using fraud as a mechanism. That is, instead of physically stealing something of value, the theft is accomplished by fraudulently pretending to be someone -- impersonation of their identity. So, the legal elements of identity theft are
Like most theft crimes in Louisiana, the punishments depend on the value of what is stolen (cumulatively). The punishments are
In addition, in all cases, upon conviction, the criminal defendant shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. Furthermore, as with other theft crimes, when the victims are of certain categories, then minimum sentencing guidelines or enhanced punishments apply. The categories are victims who are 60 years of age or older, victims under 17, and those with disabilities. The changes are as follows
Potential criminal defenses If you have been arrested or are being investigated for alleged identity theft, contact a top-tier and experienced Shreveport criminal defense attorney here at the Law Offices of Philip B. Adams. Our offices are in Shreveport, Louisiana. Many potential criminal defenses to alleged identity theft focus on the criminal elements listed above. Thus, one potential defense is to show that there was consent or authorization. Generally, consent can be explicit or can be implied. There is also a stated exemption in the statute for when a false identity is used for the "sole purpose of misrepresenting his age." Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana. If wrongful and negligent actions by a big rig 18-wheeler truck cause an accident that results in someone being killed, Louisiana allows a wrongful death insurance claim or lawsuit to be filed. The wrongful death cause of action is allowed by statute. See La. C.C. Article 2315.2. Pursuant to the statute, the insurance claim and lawsuit may be brought by certain family members of the deceased person for their losses. These losses are NOT the losses suffered by the person who was killed. If the person did not die immediately because of the truck accident, then those losses could include medical bills, pain and suffering, etc.
In a Louisiana wrongful death claim, the compensation being sought is for some categories of economic damages. This includes
A wrongful death claimant can also seek compensation for other types of losses that are non-economic in nature. These include
In some cases of extreme negligence and reckless behavior, it is possible to recover punitive damages. Punitive damages are not compensation but, rather, punishment levied against the wrongdoer for their wrongful behavior. If a loved one has been killed in a big rig truck accident, one may benefit from a consultation with an experienced Shreveport wrongful death 18-wheeler accident attorney like the ones at the Law Office of Philip B. Adams. Act quickly since there is a one-year deadline after the death for filing your wrongful death case. The deadline is strict, and if you miss the deadline, you will not be able to file your case. However, it is important to note that not every member of the surviving family can file a wrongful death action. The wrongful death statute identifies who can file a wrongful death action. First, a claim can be brought by the surviving spouse and child or children of the deceased. The claim can be brought by one, some, or all of these individuals. If there is no surviving spouse, then the children have the right to assert the wrongful death claim. If the deceased person left no spouse or children, then the wrongful death claim can be filed by any surviving parents. Both can file or either of them if both remain living. If the deceased person left no spouse, child, or parent surviving, then any or all of the surviving brothers and sisters can file the claim. Finally, if the deceased left no spouse, child, parent, or siblings, the claim can be filed by any or all living grandparents. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. Extortion is a crime in Louisiana punishable by no less than one year in jail and up to 15 years of incarceration. Extortion is also commonly known as "blackmail." Under Louisiana Revised Statutes 14:66, "extortion" is defined as "... the communication of threats to another with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity of any description." Specific examples are stated, such as:
The statute also has a "catch-all" category that states that extortion is "a threat to do any other harm." Given the broad language of the catch-all provision -- "do any other harm" -- Louisiana courts have held that threats of economic injury or to property interests can satisfy the definition of extortion. If you have been accused or charged with extortion, contact us here at the Law Offices of Philip B. Adams, LLC. We are experienced Shreveport criminal defense attorneys. Our offices are in Shreveport, and we offer criminal defense legal services in Caddo Parish, Bossier Parish, Red River Parish, De Soto Parish, and all other parishes in Louisiana. Louisiana law enforcement officials DO investigate claims of extortion, and persons who are accused of extortion ARE prosecuted. For example, as reported by the Sun Herald, a New Orleans man was investigated for extortion after he was fired, and he demanded payment of $20,000 from his former employer. The former employee threatened to report fake crimes by his former employer and also demanded "settlement money" for alleged "pain and suffering" after claiming he fell several times at work. Louisiana criminal defense and exemptions Note that where the threat is lawful, there is no crime of extortion. Thus, if a lender threatens to foreclose on real property if payments are not made, that action -- foreclosure -- is lawful. Thus, the threat is not extortion. The same is true for repossessing a vehicle if the installment payments are not made, and such would be true for lawful political and labor activity like threatening a union strike. Other defenses can depend on the type of extortion charged. If it is alleged that the extortion involved a threat to reveal a secret, it might be a criminal defense to show that the facts were not, in fact, secret. Contact A Louisiana Criminal Defense Attorney Today For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. If you or a loved one has been injured in a Louisiana car accident, the injured victim has a right to make a claim for compensation, including compensation for pain and suffering. Pain and suffering is one of the many categories of damages that can be sought by victims of negligent and wrongful behavior here in Louisiana. Other damage categories include compensation for medical expenses, lost wages, out-of-pocket expenses, costs to repair vehicles, etc.
As a category of damages, pain and suffering can be tricky to prove. Mainly, this is because pain and suffering is not a physical thing, and there are no documents that prove "pain and suffering". Injuries can be shown by medical records and photographs showing bruises, lacerations, and broken bones. Likewise, medical bills and the like can be proven with actual invoices from the service providers. This method of proof is not the case with pain and suffering. The insurance investigator or the jury will have to make an estimate of how much the victim's pain and suffering is worth. Pain and suffering is subjective and is inferred. That being said, experienced Shreveport auto accident attorneys know various methods of helping to prove pain and suffering. One method is to use the evidence of medical bills and expenses as a surrogate for the amount of pain and suffering. A Louisiana car accident that results in $100,000 in medical bills logically will typically involve more pain and suffering than an accident with only $10,000 in medical bills. Pain and suffering occurs at various points in a Louisiana car accident. It occurs just before, during, and after the actual accident. Then, pain and suffering occurs during the medical treatment phase. A surgery, for example, is painful (even though most people have anesthesia to dull and dampen the pain). Then, there can be a lot of suffering and pain as the body heals and if there is any need for rehabilitation. The more rehabilitation involved and the longer the healing process takes, the more the victim has been in pain and has suffered. Thus, the totality of the medical bills can be used as an estimate of how much the victim's pain and suffering is worth. Photographs are another type of evidence that can help prove what pain and suffering is worth. As with the severity of the injuries, a severe crash can help a jury believe that the victim has suffered greatly. Likewise, photos of the vehicles and the scene of the accident can be used in this manner. In addition, photos of the actual injuries, bruising, physical therapy efforts, etc. can be used to visually show the level of pain that the victim suffered. Another method of proving pain and suffering is to provide reports and/or testimony from treating doctors and family members who have observed how the accident caused suffering. Testimony from your own providers, family members, co-workers, etc. who have seen you firsthand can be very compelling in front of a jury. Finally, there are some other types of evidence that can be used. Victims are often asked to keep a journal/diary following an accident. The purpose is not necessarily to write about the pain but about how the victim's life was disrupted. Thus, for example, sleepless nights might be listed along with the inability to do things that were once commonplace. How much detail is depicted in a diary depends on the person writing in the diary. Contact A Louisiana Personal Injury Attorney Today For more information, contact the Law Offices of Philip B. Adams, LLC. If you have been injured in a Louisiana accident, our Louisiana personal injury lawyers can help you recover the full compensation you are entitled to according to Louisiana law. To contact us and schedule a consultation, complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana personal injury case. We have offices in Shreveport and handle personal injury cases throughout all of Louisiana. Thank you for reading this blog post and visiting our website. |