Carl Barkemeyer is a gun charge defense lawyer in Baton Rouge, Louisiana. He has defended many clients charged with Illegal Carrying of Weapons. He respects the Constitutional right to bear firearms. It is important to understand when you may carry a weapon and when you can't. If you are from out-of-state, you may not know the laws in Louisiana. Carl Barkemeyer will protect your rights and fight for the best result possible in your case.
Illegal carrying of weapons is a misdemeanor upon the first conviction. However, as an enhanceable offense, subsequent convictions become felonies. Carl Barkemeyer will fight to keep you free of the first gun charge conviction so you don't have to worry about possible felonies in the future.
Illegal carrying of weapons is basically, the intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person. Therefore, if the weapon is not concealed, then it is not illegal carrying of weapons. For instance, if the defendant is found to be in possession of a weapon that is hidden in his pants, and he doesn’t have a conceal and carry permit, he could be facing a charge. It is not a defense that the gun is registered in his name.
The penalties for misdemeanor illegal carrying of weapons in Louisiana may include up to six months in jail and a fine of up to $500. Therefore, a judge could sentence the defendant to jail time, pay a fine, or both. If the defendant has a previous conviction for illegal carrying of weapons, he could be charged with a felony and be facing up to five years in prison. However, this does not apply where more than five years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted.
Yes. It is entirely up to the judge if he wants to order probation for illegal carrying of weapons as opposed to jail time. The judge may order conditions of probation such as community service, classes, etc. The judge has full discretion here. If the defendant fails to complete the conditions, the judge could revoke the misdemeanor probation and remand the defendant to serve the suspended sentence, which could be up to six months in jail.
No. Illegal carrying of weapons in Louisiana is not a crime of violence.
Yes. It depends how the illegal carrying of weapons is handled in court before we can determine when you can file an expungement to remove the illegal carrying of weapons. Also, there are other circumstances that we must consider to determine eligibility to remove the record. The process of removing an arrest or conviction from an individual’s criminal record is called an expungement. The defendant must file a Motion to Expunge the record to remove the entry.
I hope this video helps you understand the charge of misdemeanor illegal carrying of weapons in Louisiana. If you need a criminal defense attorney in Louisiana for this charge, give me a call.
Carl Barkemeyer understands the consequences of a gun charge conviction, whether it is a misdemeanor of felony. He will use his experience defending these types of cases to provide superior representation to the accused. Contact Baton Rouge criminal defense attorney, Carl Barkemeyer, at (225) 964-6720 to discuss your case.
H. Taylor - Baton Rouge, Louisiana