Theft and Robbery Charges in Louisiana
Experienced Criminal Defense for Robbery, Theft, and Burglary Charges in Louisiana
Louisiana has numerous “theft” offenses, as well as crimes involving robbery and burglary. Each offense comes with its own set of facts, even though they are often used interchangeably. Burglary, robbery, and larceny are, in fact, very different offenses, and each carries unique charges. An experienced Louisiana criminal defense attorney can help you understand the differences, as well as the potential defenses for each.
ROBBERY VS. THEFT IN LOUISIANA
Under Louisiana law, simple burglary is defined as “the unauthorized entry into any dwelling, vehicle, vessel, or other structure, mobile or immovable, or any cemetery, with the intent to commit a felony or any theft therein.” Simple larceny, on the other hand, is defined as “the taking of anything of value belonging to another from the person of another or within the immediate control of another, by the use of force or intimidation, but not armed with a dangerous weapon.” Both can be aggravated or have other enhancing factors that increase the potential penalties. In simple terms, burglary involves breaking into your property, while larceny involves stealing from your person using force. Larceny is considered a violent crime against another person because it involves the use of force.
THEFT CRIMES IN LOUISIANA
Louisiana law defines theft as “the misappropriation or taking of anything of value belonging to another, whether without consent” or by fraud. Theft can vary in form and include property, identity, services, or money that has been taken. Examples of crimes under the umbrella of “theft” include:
- Identity theft
- Theft or shoplifting
- Theft of a motor vehicle
- Theft of a firearm
- Wood theft
- Cattle rustling
- Possession of stolen goods
- Access device fraud
Theft crimes can occur in a wide variety of situations and involve a number of fact patterns. While they typically occur in commercial businesses, they can also be used in a residence and can be combined with additional crimes such as burglary and theft.
PUNISHMENT RANGES FOR THEFT
Because the variety of theft offenses is so wide, Louisiana law divides theft penalties based on the value of the stolen property. Certain items are classified according to the type of property stolen.
| Property value | Cargo | Punishment |
|---|---|---|
| Less than $1,000 | Misdemeanor | 0-6 months in jail, fine of up to $1,000 |
| $ 1,000 – $ 4,999 | Serious crime | 0-5 years in prison, fine of up to $3,000 |
| $ 5,000 – $ 24,999 | Serious crime | 0-10 years, fine up to $10,000 |
| $25,000 or more | Serious crime | 0 to 20 years, fine of up to $50,000 |
Theft is an ameliorable offense in Louisiana, meaning a second or third conviction may result in increased penalties. In addition to any penalty imposed, the defendant will likely be ordered to pay restitution. Additionally, victims of theft crimes can file civil charges against anyone for any theft charge to help reimburse them for the loss of their stolen items.
FREQUENTLY ASKED QUESTIONS (FAQS)
Technically, it’s a valid defense, but it can be difficult to prove. The act of taking another person’s property raised the presumption that you did so intentionally, which shifts the burden of proof onto you. Your defense would be that, due to your intoxication, you lacked criminal intent.
No. No es necesario ingresar a una casa a la fuerza para cometer un robo. Todo lo que se requiere es que ingresó sin autorización con la intención de cometer un delito grave o un robo menor.
Yes, it is possible under certain circumstances. If possible, and if conviction seems likely, it is very important to vigorously pursue this defense strategy, because in some cases, a small increase in the appraised value of the item could add years to the maximum sentence.
Perhaps. However, simply claiming you didn’t know the item was stolen is unlikely to be persuasive without further evidence, because anyone could say that. However, if you can prove you had no reason to believe the item was stolen, you could obtain an acquittal.
Trials take time, and in many cases, the prosecutor has many other cases to deal with and is unsure of obtaining a conviction in your case. Because of this, the prosecutor may allow you to plead guilty to a lesser charge (thus avoiding a trial) in exchange for a recommendation to the judge to accept your plea. The judge is not required to accept the prosecutor’s recommendation.
It depends on whether or not the police acted under a valid exception to the warrant requirement. There are many exceptions to the warrant requirement, including:
- You were on parole when you were booked.
- He was suspected of committing a serious crime and there was no time to obtain a warrant.
- The officer saw him commit the crime.
- The evidence was “in plain view” from outside your car or somewhere else
Not automatically. If the police don’t read you your rights, nothing you say can be used as evidence against you, including a confession. If the prosecutor doesn’t have enough evidence to obtain a conviction without relying on what you told the police, you could be acquitted. Other evidence may still be admissible against you.
No. Simply concealing the item by putting it in your pocket could be enough to result in a theft conviction.
Baton Rouge Robbery Defense Attorneys Are Here to Help
If you have been charged with robbery, burglary, or any theft crime, it is important to contact a theft attorney as soon as possible. Theft crimes can be difficult to solve on your own and involve several different fact patterns and scenarios. Multiple offenses may even be charged at once if they are all part of the same criminal act. Contact Big River Trial Attorneys today and speak with one of our experienced Baton Rouge criminal defense attorneys to discuss the best strategy for your case. Call (225) 407-0777 today!