Theft takes place in many forms. More importantly, theft cases can be highly fact-intensive which requires a skilled attorney with a wide range of knowledge to effectively defend a client. The following are only some of the types of Louisiana criminal theft charges that the Barkemeyer Law Firm has handled and provides representation for:
- Theft of a Firearm
- Issuing Worthless checks
We practice Louisiana theft defense in the following areas:
Orleans Parish theft lawyer, New Orleans theft lawyer, Mandeville theft attorney, Slidell theft attorney, Abita Springs theft defense, Madisonville, Pearl River theft law, Folsom, Sun, Eden Isle, Lacombe, Livingston Parish, Livingston theft attorney, Denham Springs, Walker, Livingston theft charge lawyer, Springfield, Albany, French Settlement, Killian, Port Vincent, Watson, Tangipahoa Parish, Hammond theft lawyer, Ponchatoula, Amite City, Independence, Kentwood, Roseland, Orleans Parish, St. Charles, Tangipahoa theft attorney, Tickfaw, Natalbany, Washington Parish theft lawyer, Franklinton theft defense attorney, Bogalusa, Angie, Enon, Varnado, St. Helena Parish, Greensburg, Jefferson theft, Kenner, Metairie, Chalmette, St. Bernard criminal lawyer, Gretna criminal defense, and Montpelier.
Contact our New Orleans theft defense lawyers at the Barkemeyer Law Firm if you have a criminal arrest or summons for theft charges in Louisiana.
Misdemeanor or Felony Theft
Theft charges can be either misdemeanor theft or felony theft, depending on the alleged value of the stolen item or money. Theft convictions in Orleans Parish can land defendants in jail. We are experienced theft defense lawyers in New Orleans, Louisiana. Contact us at 985-888-0009 if you need a criminal lawyer in New Orleans or elsewhere in south Louisiana.
Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
Penalties for Theft in Louisiana
Whoever commits the crime of theft when the misappropriation or taking amounts to a value of twenty-five thousand dollars or more shall be imprisoned at hard labor for not more than twenty years, or may be fined not more than fifty thousand dollars, or both.
When the misappropriation or taking amounts to a value of five thousand dollars or more, but less than a value of twenty-five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than ten thousand dollars, or both.
When the misappropriation or taking amounts to a value of one thousand dollars or more, but less than a value of five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than three thousand dollars, or both
When the misappropriation or taking amounts to less than a value of one thousand dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than one thousand dollars, or both. If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.
Theft of Firearm
Theft of a firearm is the misappropriation or taking of a firearm which belongs to another, either without the consent of the other to the misappropriation or taking or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of the firearm is essential.
Theft Lawyer in New Orleans
When it comes to theft, the state of Louisiana prohibits such, and some caught stealing or convicted for such a crime could spend a long period behind bars. It doesn’t matter if you are innocent or not, you should not be talking to the police without a theft lawyer in New Orleans around. It is your right. Don’t be shy or scared to ask of it. We, at Barkemeyer Law Firm, have come across a lot of people who ended up spending years behind bars because they said things they should not have. This would have been prevented if they had used their rights to a theft lawyer in Orleans, instead of speaking to the police without one.
What Is Theft Under Louisiana Law?
Theft is seen as the act of collecting something that has value and is owned by someone else and not seeking consent. It also encompasses those cases when consent was sought but in a fraudulent manner. For an action to be called theft, there should be an intention to deprive the owner of the object, the object permanently.
As long as it has value, and you didn’t seek consent, or you sought consent in a fraudulent manner, and you have the intention of depriving the owner, the object, it is theft.
This definition above encompasses a lot of theft offenses, but the statues of Louisiana have come up with more specific forms of theft.
They are as below:
Theft of livestock
The act of taking the livestock belonging to someone, with the aim of not returning it, and without the consent of the livestock’s the owner can be seen as theft. If it can be proven that the conditions of theft were met, then it is theft. If you are charged with such an offense, don’t take it for granted. Get the Barkemeyer Law Firm to represent you.
Theft of animals
One would think that taking an animal isn’t meant to be a crime, but it is. It is a crime that is called theft. Taking animals from someone else, without their consent is seen as theft. If you got their consent in a fraudulent manner, it is still seen as theft.
Unauthorized use of bank or credit cards
Taking someone’s bank or credit cards is seen as theft. When you use a credit card that doesn’t belong to you, without getting the needed permission, it is a case of theft. You could end up behind bars for a long period of time. You need a theft lawyer in Orleans to represent you.
Theft of crawfish
As funny as it may sound, some people are currently being imprisoned because they stole crawfish. This is a crime that should be taken for granted. Don’t think you can talk your way out of it. Contact a theft lawyer in New Orleans immediately you are arrested.
Theft of utility service
Some people feel that the idea of being arrested and convicted because they stole utility service won’t happen. Stealing someone’s Netflix password and using it without permission is a crime. You may feel it is not one, but it is. Tapping into another person’s utility service without their explicit permission is seen as a crime. Apart from that, depriving someone of their utility service is also a crime. You may end up in jail or paying fines for it.
Theft of petroleum products
Stealing petroleum products is also a crime. You could end up with a record because of it.
This is the common form of theft that a lot of people know of. If you are convicted of this, you could spend time behind bars.
Theft of oil and gas equipment
If you caught with an oil and gas equipment that is not yours, you could end up being imprisoned.
Theft of an alligator
You read that right. We have seen such cases. Avoid the urge to do so because you feel an alligator is a wild animal.
Theft of a firearm
Whether the firearm is legal or not, stealing it from someone else is an act of theft, and you may be imprisoned for it.
This is an issue a lot of people suffer from. If you are charged with a case of identity theft, never take it for granted.
Theft of motor vehicle
Stealing a motor vehicle is a crime in Louisiana.
Classes of Theft in Louisiana
Theft crimes come in a number of classes like Class A, Class B, and Class C. They also come in either misdemeanors or felonies.
The punishment meted out on someone is usually determined by the worth of the item stolen. The value matters a lot in Louisiana law.
Apart from that, these theft crimes are not given a class, instead, it is seen as an act of felony when it has a death sentence or hard labor sentence only.
A case is seen as a misdemeanor if it isn’t an act of felony. What this means is that in theory, all form of theft crimes are seen as felonies. It doesn’t matter how minute it may be. In theory, petty theft is seen as an act of felony.
Like earlier said, Louisiana sets its penalties based on the worth of the property that was stolen. How much it is worth affects the penalty.
If you were convicted of a theft of an item that is not worth up to five hundred dollars, you will be expected to either pay a fine that is not above a thousand dollars. You may be imprisoned to at most six months in prison. Sometimes, you may face both.
If the property is above five hundred dollars, but not up to one thousand and five hundred dollars, you may be sentenced to prison for at most five years. You may be fined at most two thousand dollars. Sometimes, you may be expected to do both.
If it is worth at least $1,500, you may be sentenced to prison for at most ten years. The fine must not be above three thousand dollars. Sometimes, it can be both.
Have you been charged for theft and you are wondering what attorney to use? Look no further. Barkemeyer Law Firm is here for you.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170