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Burglary, Robbery & Theft

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Experienced Criminal Defense For Burglary, Robbery And Theft Charges In Louisiana.

Louisiana has numerous “theft” offenses as well as crimes involving burglary and robbery. Each offense comes with its own set of facts despite the fact that they often get used interchangeably. Burglary, robbery and theft are in fact quite different offenses and each carry unique charges. An experienced Louisiana criminal defense can help you understand the differences as well as the possible defenses to each.

Burglary VS. Robbery In Louisiana

Under Louisiana law, simple burglary is defined as the “is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein.” Simple robbery, on the other hand, is defined as “the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon.” Both can be aggravated or have other enhancing factors that increase the possible penalties.

In simple terms, burglary involves the breaking into your property while robbery involves theft of your person using force. Robbery is considered a violent crime against another person because it involves the use of force.

Theft Offenses In Louisiana

Louisiana law defines theft crimes as “is the misappropriation or taking of anything of value which belongs to another, either without the consent” or by fraud. Theft can range in form of offense to include property, identity, services, or money that have been taken. Examples of offenses under the umbrella of “theft crimes” include:

  • Identity theft
  • Retail theft or shoplifting
  • Theft of a motor vehicle
  • Theft of a firearm
  • Theft of timber
  • Theft of livestock
  • Possession of stolen things
  • Access device fraud

Theft offenses 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 tacked on to additional offenses such as burglary and robbery.

Theft Punishment Ranges

Since the range of theft crimes is so large, Louisiana law breaks up theft punishments based on the value of the property stolen. Certain items are classified based on the type of property stolen.

Value of PropertyChargePunishment
Less than $1,000Misdemeanor0-6 months in jail, fine up to $1,000
$1,000 – $4,999Felony0-5 years in jail, fine up to $3,000
$5,000 – $24,999Felony0-10 years, fine up to $10,000
$25,000 or moreFelony0-20 years, fine up to $50,000

Theft is an enhanceable offense in Louisiana meaning that a second or third conviction can carry increased penalties. In addition to any penalty imposed the defendant is also likely to be ordered to pay restitution. Additionally, victims of theft crimes can pursue civil charges against any a person on any theft charges to help reimburse the loss of their stolen items.

FREQUENTLY ASKED QUESTIONS (FAQS)

IS INTOXICATION A DEFENSE?

Technically it is a valid defense, but it might be difficult to prove. The act of taking someone else’s property raised the presumption that you did so intentionally, which reverses the burden of proof onto you. Your defense would be that, due to your intoxication, you had no criminal intent.

THE DOOR WAS UNLOCKED AND I USED NO FORCE TO ENTER. IS THIS A DEFENSE AGAINST A BURGLARY CHARGE?

IS IT POSSIBLE TO DISPUTE THE ECONOMIC VALUE OF THE STOLEN ITEM TO RECEIVE A LESSER SENTENCE?

I DIDN’T KNOW THE PROPERTY I POSSESSED WAS STOLEN. DO I HAVE A VALID DEFENSE?

WHAT IS A PLEA BARGAIN?

THE POLICE SEIZED THE PHYSICAL EVIDENCE AGAINST ME WITHOUT A WARRANT. DO I HAVE A VALID DEFENSE?

WILL I BE ACQUITTED IF THE POLICE FAILED TO READ ME MY RIGHTS?

DO I HAVE TO LEAVE THE SHOP WITH THE MERCHANDISE TO BE CONVICTED OF SHOPLIFTING?

Baton Rouge Theft Defense Lawyers Are Here To Help

If you have been charged with robbery, burglary, or any theft crime, it is important to contact a skilled theft attorney as soon as you are able. Theft crimes can be difficult to sort out on your own and involve a number of different fact patterns and scenarios. Multiple offenses may even be charged together if they are all part of the overall same criminal act. Contact Big River Trial Attorneys today and speak with one of our experienced Baton Rouge criminal defense lawyers to discuss the best strategy to tackle your case. Call (225) 963-9638 today!

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