Louisiana Criminal Law: How to Defend Against Theft and Burglary Charges

Defending against theft and burglary charges in Louisiana requires a comprehensive understanding of the state's criminal law as well as effective strategies to build a solid defense. In Louisiana, theft and burglary are treated seriously, often resulting in harsh penalties that can significantly impact a person's life.

Theft Charges in Louisiana

Theft is defined under Louisiana law as the unlawful taking of another person's property with the intent to permanently deprive the owner of it. The charges can vary based on the value of the stolen property.

Misdemeanor Theft: If the property stolen is valued at less than $1,000, it is classified as a misdemeanor, which can lead to up to six months in jail and/or a fine of up to $1,000.
Felony Theft: Theft of property valued at $1,000 or more is classified as felony theft, which can result in substantial fines and several years of imprisonment.

To defend against theft charges, one can consider the following strategies:

Prove Lack of Intent: Demonstrating that there was no intent to permanently deprive the owner of their property can be a strong defense. Examples include mistakenly taking someone’s property or believing it was a gift.
Claim of Rights: If a defendant can prove they had a legal right to the property, they may successfully argue against the theft charge.
Challenge the Evidence: Contesting the legality of how the evidence was obtained can be crucial. If a search was conducted without a warrant or justifiable cause, the evidence may be inadmissible in court.

Breach of Burglary Laws

Burglary in Louisiana involves entering a structure without permission with the intent to commit a crime therein. Louisiana categorizes burglary into different grades based on the nature of the structure and the circumstances of entry.

Simple Burglary: This involves unauthorized entry into a building with the intent to commit theft or a felony and is usually charged as a felony.
Residential Burglary: Breaking into a dwelling is a more serious offense and carries stiffer penalties, often resulting in higher prison sentences.

Defenses against burglary charges can include:

Lack of Intent: Similar to theft, proving that there was no intent to commit a crime upon entering the premise can form a foundation for a defense.
Legal Entry: If a defendant can show they had permission to enter the property, it can effectively negate the burglary charge.
Alibi Defense: Establishing that the defendant was not present at the crime scene during the commission of the alleged burglary can serve as a critical defense.

The Importance of Legal Representation

Given the complexities of Louisiana criminal law, obtaining a knowledgeable attorney experienced in theft and burglary cases is essential. An attorney can provide guidance and develop a strategic defense tailored to the specifics of the case, ensuring that the rights of the accused are protected throughout the legal process.

Conclusion

Facing theft or burglary charges in Louisiana is a daunting situation, but with the right legal strategies and defenses, individuals can better navigate the legal landscape. Understanding one’s rights and having professional representation can make a significant difference in the outcome of these serious charges.