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Metairie Theft Attorney
Supporting Clients as They Navigate the Criminal Justice System
Theft crimes fall under the category of property crime, and these charges are common in Metairie and the larger surrounding area of Jefferson Parish. The circumstances surrounding these charges can vary dramatically, from someone being accused of shoplifting a shirt to embezzling hundreds of thousands of dollars from clients. These scenarios carry vastly different penalties and would also require different defense strategies, which is why it’s imperative to work with a theft crimes attorney if you’re facing charges.
Call The Bradley Law Firm to discuss your case with a criminal lawyer, retain legal representation immediately, and start working on your defense.
What Are the Different Theft Charges in Louisiana?
Legally, theft is defined as the misappropriation of anything of value that belongs to another person without violence. This includes any taking that was done without the consent of the owner, including through fraudulent conduct. However, the defendant must have had the intention to deprive the rightful owner of the property.
Some of the common criminal offenses categorized under theft in Louisiana include:
- Theft
- Mail theft
- Credit card fraud
- Theft of a firearm
- Identity theft
- Organized retail theft
- Theft of a motor vehicle
- Theft of government benefits
- Receiving or possessing stolen goods
- False accounting
Louisiana also breaks down theft of certain items into separate charges, such as theft of livestock or theft of timber. Each charge is detailed in the Revised Statutes, including what must have happened to meet the criteria for the charge, the penalty upon conviction, and any aggravating factors that can enhance the sentence. For example, theft of a mail receptacle key is a separate charge from basic theft. It is a felony that is punishable by up to 5 years imprisonment, with or without hard labor, for a first offense.
What Is the Main Difference Between Misdemeanor and Felony Theft?
Theft can be charged as either a misdemeanor or felony under Louisiana criminal law, and the difference in potential penalties is significant. Whether a theft charge is a felony mostly depends on the value of the property. Property valued at under $1,000 is generally charged as a misdemeanor, and property valued at $1,000 or more is usually charged as a felony. However, there can be aggravating factors, such as previous convictions, that can result in a felony charge even if the value is less than $1,000.
What Are the Penalties for Theft?
Unlike other states, Louisiana doesn’t further divide misdemeanors and felonies into classes or degrees. Instead, the penalties for theft crimes are determined by the value of the property. For a regular theft charge, the penalties are broken down as follows:
- $1-$999: up to 6 months in jail and a fine of up to $1,000
- $1000-$4,999: up to 5 years imprisonment, with or without hard labor, and a fine of up to $3,000
- $5,000-$24,999: up to 10 years imprisonment, with or without hard labor, and a fine of up to $10,000
- $25,000+: up to 20 years imprisonment at hard labor and a fine of up to $50,000
There are also aggravating factors that can result in increased penalties or mandatory minimums, such as having at least two previous theft convictions or an assault being committed upon a store employee in the process. Specific theft-related charges, such as theft of livestock or mail theft, have separate penalties as outlined in the Louisiana Revised Statutes.
While it’s not pleasant to think about the potential consequences or the possibility of a conviction, it’s important to understand the worst-case scenario to be able to make decisions about your defense. Your attorney will discuss your charges, the potential penalties, and any applicable aggravating factors with you to ensure you understand all the potential outcomes.
What Are the Defense Options for Theft-Related Criminal Charges?
The right criminal defense strategy depends on the specifics of the charge and the surrounding circumstances. However, many defense strategies for theft charges involve arguments around intent or who the rightful owner was.
Because the theft statute specifically requires that the defendant be acting with intent during the incident, you cannot be convicted if you can prove to the jury that you didn’t intend to take the property. For example, if you forgot about items on the bottom of your cart during self-checkout and then walked out of the store, there could be an argument that it was a simple mistake and not an intentional theft.
Another example of lack of intent is if the defendant believed they had the owner’s permission to take the property. If a neighbor said you could borrow their lawn mower and then later accused you of theft, you could be able to make the argument that you believed you had permission and, therefore, lacked intent.
The other common defense to theft charges is to dispute that you were, in fact, the rightful owner. For example, if your grandmother always promised that you could have her wedding ring and you took it from the house after she died, you may be able to defend yourself against theft charges if you can provide corroboration for your story. A family member could testify that they heard your grandmother say this several times, or you could show a card or letter where she discussed her plans for you to have it.
Ultimately, a theft crimes attorney will review your case and explain which defense strategies are potential options for your circumstances. This could also include negotiating a plea deal to have the charge or potential penalties lowered.
What Should You Do When You’re Arrested?
What you do — and don’t do — during and after your arrest can have a strong impact on your overall case. It’s important to be aware of your rights as a defendant and take precautions to ensure you don’t do or say anything that could negatively impact your case.
Don’t Answer Any Questions
First and foremost, exercise your right to stay silent. It’s true that anything you say to officers or in their presence can and will be used against you later on. Let officers know that you won’t be answering any questions without an attorney present and that you are exercising your right to remain silent.
It’s also important to avoid talking to anyone else about the incident while you wait to meet with your attorney. This includes friends or family members. For example, if you call a family member, don’t say what happened or discuss any of the details. Calls from inside the police station or jail can be recorded, and the statements made during these calls can be difficult to overcome later in court.
Call a Criminal Defense Attorney
When you’re dealing with the criminal justice system, you need someone who intimately understands how the process works and has in-depth knowledge of the law and applicable statutes. An attorney will sit with you during questioning and let you know what questions are okay to answer and how you should respond to avoid incriminating yourself.
An attorney can also start the process of asking for a bail hearing to see if you can be released to return to your home and family while you wait for the next step. The sooner you get an experienced attorney involved in your case, the better chance you have of a favorable outcome.
Getting Help From a Metairie Criminal Defense Lawyer
Theft crimes carry serious potential penalties, and they shouldn’t be taken lightly. Even if the charge is “just” a misdemeanor, it’s important to do everything you can to present a strong defense, as a misdemeanor conviction can result in enhanced sentencing if you’re convicted of another similar offense later on.
Attorney Jarred Bradley is the lead attorney at The Bradley Law Firm, and he knows what it takes to fight back against theft charges. When you work with this firm, you’ll get access to an attorney with a strong record of success in helping defendants fight similar charges and compassionate representation for your case. Call our Metairie office at 504-336-1717 to schedule a free consultation.