Criminal Defense for Burglary in Orleans Parish
Burglary in Orleans Parish and New Orleans, Louisiana is a criminal act considered by prosecutors as a threat to civic and economic peace. Burglary is an unlawful entry into a property, structure, watercraft, building, or vehicle with the intent to commit a felony. A burglary case becomes worse if the perpetrator goes into the property or structure with a weapon to physically assault anyone who attempts to be an obstruction. This is the type of case that requires a criminal defense attorney in order to provide the proper defense.
A burglary can occur not minding if the structure has inhabitants or not. It may be a residential (I.e. a home) or non-residential property like a car or office. Burglary is not a type of crime that you can easily find witnesses for because it is carried out from the sight of witnesses. For this reason, false accusations occur regularly, which makes a great reason why you need to get an experienced and fierce attorney that can determine the frailty in the evidence obtaining process.
The law guiding Orleans and New Orleans protects the residents of Orleans and their property from burglary and any form of trespassing on another person’s property. However, before a case can be considered a burglary, there has to be proof and evidence that the defendant entered the property in question with the intent to commit a crime. Without proof or evidence that the defendant entered the property, the case may be charged as an attempted burglary.
Also, the intent for which the defendant was found in the property has to be proven. Before the case can be stated as a burglary, the prosecutor must be able to prove that the defendant entered the property with the intent to commit a felony or theft. To be found guilty of a burglary offense, the defendant must have conceived the thought of committing a felony before getting into the building. If the defendant stayed beyond the permitted time, they can also be said to have the intention to commit a felony upon entering the property.
Burglary falls into different forms which include simple burglary, aggravated burglary, and home invasion. For a simple burglary, the defendant is found to have entered the property which could be a vehicle, watercraft, etc. with the intent of committing a felony or theft. Aggravated Burglary comes with aggravating factors. It involves entry into an inhabited structure, it could be moveable or non-movable with the intent to commit a felony or any other crime. An aggravating factor may be the possession of noxious weapons and materials or if the defendant assaults any person or commits a battery while the property, whether on the way in or out.
Home invasion involves gaining entrance into an inhabited property taken as a home or dwelling place for another person. In the case of home invasion, the perpetrator or intruder uses force to vandalize and damage the property of another person.
Difference Between Burglary and Robbery
A lot of people often confuse burglary and robbery together. While the two crimes happen to be similar in that they both involve breaking in, they also have what differentiates them from each other. Robbery involves the projection of fear and intimidation into the resident of a home or owner of a store to forcefully take away their property but burglary, on the other hand, is done when no witness is present. It is done when no eyes are watching so no one can be a witness.
Due to lack of witness in the case of burglary, false accusations are common, so it is important that you seek the legal assistance of an experienced and skilled defense attorney to ensure that investigation is properly conducted and you are not punished when you are innocent of the charges pressed against you.
Penalties for Burglary in New Orleans
Unauthorized entrance into another person’s property is a common but grievous offense in Orleans Parish and New Orleans. Unauthorized entrance into another person’s dwelling place, also known as the home invasion is punished by the sentencing offender to up to 25 years and a payable fine of $5,000. If the defendant is found with a dangerous weapon during the invasion, the penalty increases to be more severe. The defendant may be fined up to $7,000 and incarceration in prison for 30 years. During the invasion, if a child below 12 years, an adult over 65 years old or an individual with a developmental disability was present, the fine increases up to $10,000 and prison time of up to 25 years.
For simple burglary, the defendant is fined not more than $2,000 or prison time with or without labor for not more than 12 years, or the offender may sometimes be required to serve both penalties. Aggravated burglary attracts more penalties than simple burglary. Anyone caught in the act will be made to face incarceration with hard labor for up to one year but not more than thirty years.
Why should I hire a defense attorney for a burglary charge?
You will be getting a lot of help and assistance by hiring a burglary lawyer in New Orleans. A burglary lawyer can help you to get minimal consequences and prevent you from getting punished when you are not guilty. Your defense attorney helps you to make proper checks on how evidences were taken and how the investigation was conducted. He helps you to suppress evidences that are not obtained the right way and devices a defense strategy that may result in a favorable outcome.
Contact Barkemeyer Law Firm Today
When charged with a burglary crime in New Orleans, it is important that you take a quick step to locating a defense attorney without delay. Barkemeyer Law Firm is skilled at helping people with burglary crimes. He represents them while the case is been investigated and throughout court proceeding.
He defends his client fiercely and ensures that every resident of Orleans and New Orleans, Louisiana gets a proper and sound legal representation. Barkemeyer Law Firm has represented several people with burglary crimes, so you can trust that he has enough experience to defend your case.
Burglary in Louisiana is taken very seriously by prosecutors, especially in Orleans Parish. However, there are many defenses to burglary. We have been defending clients with burglary charges in New Orleans and elsewhere in Louisiana for may years. Our criminal lawyers know how to protect our clients with burglary charges in Louisiana. See below for the various types of burglary and burglary-related charges.
Aggravated Burglary – La RS 14:60
What is aggravated burglary in Louisiana?
Aggravated burglary is the unauthorized entering of any inhabited dwelling, or of any structure, water craft, or movable where a person is present, with the intent to commit a felony or any theft therein, under any of the following circumstances:
(1) If the offender is armed with a dangerous weapon.
(2) If, after entering, the offender arms himself with a dangerous weapon.
(3) If the offender commits a battery upon any person while in such place, or in entering or leaving such place.
What are the penalties for aggravated burglary in Louisiana?
Whoever commits the crime of aggravated burglary shall be imprisoned at hard labor for not less than one nor more than thirty years.
Simple Burglary – La RS 14:62
What is Simple burglary in Louisiana?
Simple burglary 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, other than as set forth in R.S. 14:60. Auto burglary is a form of simple burglary. When a defendant is charged with breaking into a car or vehicle to steal anything, that auto burglary is actually a simple burglary under Louisiana law.
What are the penalties for simple burglary in Louisiana?
Whoever commits the crime of simple burglary shall be fined not more than two thousand dollars, imprisoned with or without hard labor for not more than twelve years, or both.
Simple burglary of an inhabited dwelling – La RS 14:62.2
What is Simple burglary of an inhabited dwelling in Louisiana?
Simple burglary of an inhabited home is the unauthorized entry of any inhabited dwelling, house, apartment, or other structure used in whole or in part as a home or place of abode by a person or persons with the intent to commit a felony or any theft therein, other than as set forth in R.S. 14:60.
What are the penalties for simple burglary of inhabited dwelling in Louisiana?
Whoever commits the crime of simple burglary of an inhabited dwelling shall be imprisoned at hard labor for not less than one year nor more than twelve years.
Unauthorized entry of an inhabited dwelling – La RS 14:62.3
What is Unauthorized entry of an inhabited dwelling in Louisiana?
Unauthorized entry of an inhabited dwelling is the intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person.
What are the penalties for unauthorized entry of an inhabited dwelling in Louisiana?
Whoever commits the crime of unauthorized entry of an inhabited dwelling shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than six years, or both.
Unauthorized entry of a place of business – La RS 14:62.4
What is Unauthorized entry of a place of business in Louisiana?
Unauthorized entry of a place of business is the intentional entry by a person without authority into any structure or onto any premises, belonging to another, that is completely enclosed by any type of physical barrier that is at least six feet in height, or by a combination of any type of physical barrier that is at least six feet in height and a lake, river, bayou, or other body of water, and that is used in whole or in part as a place of business. Nothing in this Section shall prohibit the ability of a person to dock a boat, vessel, or other watercraft on the bank of a navigable waterway for a reasonable period of time under any of the following circumstances:
(1) The watercraft is experiencing a mechanical or operating problem.
(2) Any person aboard the watercraft is experiencing a medical emergency.
(3) Any other condition exists that prevents the watercraft from proceeding on the waterway.
What are the penalties for Unauthorized entry of a place of business in Louisiana?
Whoever commits the crime of unauthorized entry of a place of business shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not more than six years, or both.
Home Invasion – La RS 14: 62.8
What is home invasion in Louisiana?
Home invasion is the unauthorized entering of any inhabited dwelling, or other structure belonging to another and used in whole or in part as a home or place of abode by a person, where a person is present, with the intent to use force or violence upon the person of another or to vandalize, deface, or damage the property of another.
What are the penalties for home invasion in Louisiana?
Whoever commits the crime of home invasion shall be fined not more than five thousand dollars and shall be imprisoned at hard labor for not less than one year nor more than thirty years.
Contact the criminal attorneys at the Barkemeyer Law Firm if you need burglary lawyer for a burglary charge, unauthorized entry, or home invasion in New Orleans or anywhere else in Louisiana.
We practice Louisiana burglary defense in the following areas:
Orleans Parish burglary lawyer, New Orleans burglary lawyer, Mandeville burglary, Slidell burglary, Abita Springs burglary defense, Madisonville, Pearl River burglary law, Folsom, Sun, Eden Isle, Lacombe, Livingston Parish, Livingston burglary, Denham Springs, Walker, Livingston burglary charge lawyer, Springfield, Albany, French Settlement, Killian, Port Vincent, Watson, Tangipahoa Parish, Hammond burglary lawyer, Ponchatoula, Amite City, Independence, Kentwood, Roseland, Orleans Parish, St. Charles, Tangipahoa burglary, Tickfaw, Natalbany, Washington Parish burglary lawyer, Franklinton burglary defense attorney, Bogalusa, Angie, Enon, Varnado, St. Helena Parish, Greensburg, New Orleans burglary lawyer, Jefferson burglary, Kenner, Metairie, Chalmette, St. Bernard criminal lawyer, Gretna criminal defense, and Montpelier.
Contact New Orleans criminal defense attorney, Barkemeyer Law Firm, to discuss your case.
422 S. Broad Avenue
New Orleans, LA 70119