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You can’t take what is not yours. This may seem simple, but Louisiana’s theft laws can be exceedingly complicated. Should Louisiana authorities charge you with theft, contact and schedule a consultation with a Metairie theft attorney as quickly as possible.
Louisiana law defines theft (including shoplifting) as taking someone else’s property without consent or authorization, with no intent to return it to the owner. You can also face a theft charge in this state for receiving property that you know is stolen.
Under Louisiana law, theft, robbery, and burglary are three distinct crimes. A robbery combines theft with the use of intimidation or force. A burglary happens when someone enters a structure without the owner’s consent to commit a crime, such as theft or assault.
How Does Louisiana Classify Theft Crimes?
Louisiana classifies serious theft offenses as felonies and less serious theft offenses as misdemeanors. Whether a theft is a felony or a misdemeanor depends on the type and value of the property and the defendant’s prior criminal convictions.
In most cases, a theft of property valued under $1,000 is a misdemeanor, and a theft of property valued at or over $1,000 is a felony. If a theft defendant has two or more previous theft convictions, a subsequent theft of property valued under $1,000 can be charged as a felony.
How Are Theft Convictions Penalized?
Sentences for theft convictions are generally based on the value of the stolen property. For a misdemeanor theft conviction, a Louisiana court can impose a sentence of up to 6 months in jail, a fine of up to $1,000, or both. For felony theft convictions:
- If the value of the stolen property is from $1,000 to $4,999, the court may impose a sentence of up to 5 years in prison, a fine of up to $3,000, or both.
- If the value of the stolen property is from $5,000 to $24,999, the court may impose a 10-year prison sentence, a fine of up to $10,000, or both.
- If the value of the stolen property exceeds $25,000, the court may impose a 20-year prison term and/or a fine of up to $50,000.
A theft conviction also creates a criminal record that can make it a challenge to find housing or employment. You will lose your right to own a firearm after a felony theft conviction, and if you are not a U.S. citizen, a felony conviction could trigger a deportation proceeding.
If You Are Placed Under Arrest
If the police arrest you for a theft charge, do not resist. Cooperate and be as polite as possible, but insist on your rights. You have a right to remain silent if the police question you. Even if they do not read your rights, or if you haven’t been arrested, your right to stay silent still applies.
You can say, “I would rather not answer questions until my lawyer can be here,” and say nothing more. Admit nothing, sign nothing, and make no statements until you’ve consulted your Metairie theft lawyer.
How Will a Theft Lawyer Handle Your Defense?
You should be represented by a Metairie criminal defense attorney who will develop a rigorous, effective defense strategy on your behalf. Your attorney’s first step may be negotiating with the prosecutor to have the charge dropped or filing a motion with the court to suppress evidence or have the case dismissed.
If the evidence against you is persuasive, your conviction may be inevitable, so rather than take the case to trial, your defense attorney may pursue a plea deal. Typically, in a plea deal, a defendant enters a guilty plea to a lower charge in exchange for reduced or alternative sentencing. In some cases, a felony theft charge may be reduced to a misdemeanor charge.
In most cases, if the theft charge cannot be dropped or dismissed, and you are innocent, you should not accept a plea deal. Instead, insist on your right to a trial by jury where your lawyer will cast doubt on the state’s case and explain why the jury should find you not guilty.
What Defenses Can Be Offered Against Theft Charges?
At your theft trial, your Metairie theft attorney may offer one of these defenses:
- Challenging the intent claim: The state must prove you planned to permanently deprive the owner of the property. Your lawyer may contend the theft was a misunderstanding, that you believed the property was yours, or that you intended to return the property.
- Challenging the valuation of the property: Since the severity of a theft charge hinges on the value of the property, your Metairie theft lawyer may challenge the state’s assessment of the property’s value to reduce the charge from a felony to a misdemeanor.
- Police officers conducted an unlawful search or violated your rights during an investigation, arrest, or interrogation.
- Another person committed the theft, and you’ve been misidentified.
- No theft actually took place, and the accusation against you has been fabricated.
Can a Theft Conviction Be Expunged?
A theft conviction entails consequences beyond the penalties imposed by the court. If prospective employers are rejecting you or you are turned down for housing, it may be because of a prior theft conviction.
Convictions for non-violent thefts in Louisiana can usually be expunged after a waiting period. Misdemeanor theft often requires a five-year waiting period after you’ve completed your sentence, while non-violent felony theft requires a ten-year waiting period.
Expunging your theft conviction makes that record unavailable to the public, including landlords and most employers. Expungement is complicated, but if you qualify, a Metairie criminal defense attorney can guide you through the process.
Meet Attorney Jarred Bradley
If the authorities charge you with theft in the Metairie or New Orleans area, choose an experienced Louisiana theft lawyer who will defend you effectively and bring your theft case to its best outcome. Choose attorney Jarred Bradley at The Bradley Law Firm.
Criminal defense lawyer Jarred Bradley and his team have built a reputation for extraordinary client service. Now or in the future, if you’re charged with theft or another criminal offense in the Metairie or New Orleans area, call The Bradley Law Firm immediately at 504-336-1717.
