A: Theft in Louisiana depends on intent. Theft is taking something that belongs to someone else without permission. The law does not require the person to physically remove the item from the property. What matters is the intent to take it away from the owner permanently. It includes both physical goods as well as services.
Baton Rouge Theft Lawyer
Baton Rouge Theft Attorney
People make mistakes. They can be accused without cause. Theft charges can damage a life, even if they don’t make it to trial. A Baton Rouge theft lawyer can help you learn more about your situation.
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What Is Theft in Baton Rouge?
Louisiana law defines theft as taking something that belongs to another without consent. The person taking it must have the intention to permanently keep it. The law does not require force. It does not require a person to leave the scene with the item.
Theft can include a wide range of acts, including car theft. In Baton Rouge, there are 724.4 motor vehicle thefts per 100,000 people annually. Stealing services also count. The thing that matters is that the person meant to keep something that wasn’t theirs.
Misdemeanor vs. Felony Theft
Theft in Baton Rouge becomes a felony when the value of the stolen property crosses a set line. The law sets that line at $1,000. Anything under that may stay as a misdemeanor. Each year, there are 3,714.2 thefts per 100,000 people in Baton Rouge.
Felony theft is a bigger risk. It carries longer prison terms. It may also involve higher fines. People charged with a felony may lose their rights in other areas.
Misdemeanors may still carry jail time, but the length is usually less. The person may qualify for probation. Repeated offenses can raise the stakes. A Baton Rouge Theft Attorney can look at the full picture to see where the charge may land.
Penalties for Theft in Baton Rouge
The amount stolen drives the possible punishment. Theft under $1,000 can bring up to six months in parish jail. A judge may also order the person to pay restitution to the victim. Once the value reaches $1,000, felony charges apply. It can lead to even longer prison sentences.
Each case is different. The penalty can be changed based on the details of the situation. Previous convictions can lead to an increased sentence. The defense can raise facts that lower the level of harm.
Defenses to Theft Charges
A theft charge is not the same as a conviction. People accused of theft may have defenses. The first is a lack of intent. If someone never meant to steal, that could defeat the charge. Forgetting to scan an item at a self-checkout is a common example.
Another defense is ownership. The accused might have believed the item belonged to them. That belief could be a valid argument. The defense may also show consent. Someone might have given permission to borrow the item. The state might not have a case in this instance.
Other defenses include mistaken identity. Witnesses may have gotten the details wrong. The video may not show enough. In some cases, the defense can also attack the way the police handled the arrest.
Next Steps if You’re Charged
If someone is charged with theft or burglary, they should act right away. Building a defense often starts before the first court date.
- Do not speak to the police: What you say can be used later in court. Officers often act friendly. In the end, their goal is to get a statement. Staying silent can protect your case. Ask for a lawyer as soon as possible.
- Gather evidence: Records like receipts can help. Even small details can support your story. Make a timeline of what happened before and after the alleged theft.
- Write down witnesses: Anyone who saw what happened may help your case. Talk to them early. Check that their contact information is correct.
- Stay off social media: Do not post about the case. Even a short comment can be twisted. Prosecutors look for posts that show guilt.
- Follow court instructions: Missing a court date can bring more trouble. Keep a list of all deadlines. Let your lawyer speak for you. Take it seriously.
There are 1,413.7 cases of burglary in Baton Rouge per 100,000 people annually. Defending against charges can be as important as the charges themselves.
FAQs About Baton Rouge Theft Laws
Q: How Do Misdemeanor vs. Felony Theft Differ?
A: Misdemeanor vs. felony theft differs based on the value of the stolen property. In Louisiana, theft under $1,000 is usually a misdemeanor. These charges can still carry jail time. Theft over $1,000 moves into felony territory. Felony theft can lead to longer prison terms. They can start at one year and go up depending on the amount.
Q: How Does the Value of the Property Affect the Charge?
A: The value of the property affects how serious the charges are. Usually, if the item is worth less than $1000, the charge is often a misdemeanor. Some felony thefts involve tiered penalties. If the value increases, longer prison time could be applied. Some items, like firearms, can trigger felony charges regardless of value.
Q: What Should I Do if I’ve Been Falsely Accused of Theft in Baton Rouge?
A: If you’ve been falsely accused of theft in Baton Rouge, avoid speaking about it. Do not speak to the police without legal help. They might treat the accusation as fact. A person who did not commit theft still needs to prepare a defense. This usually involves some form of proof. Even false accusations can lead to a criminal record.
Contact Our Experienced Baton Rouge Theft Lawyer
Theft charges don’t go away on their own. The state will use every tool to convict. You need someone who knows how to fight back. Schedule a consultation with Longman Jakuback to learn what you’re up against.
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