Baton Rouge Theft Lawyers Charges of theft cover a wide range of possible actions, from a low-level misunderstanding to high-level fraud. What all of these cases have in common is that conviction will, at minimum, damage a person’s record and ability to get employment and housing. At worst, conviction can mean long prison stays and steep fines. The Baton Rouge theft lawyers at Beall & Thies want to be sure that defendants get fair treatment and the vigorous defense that the American justice system promises.

For over 20 years, Beall & Thies has fought for defendants and their rights. Call today at 225-383-3499 or contact us online to set up a consultation.

What is theft?

Theft is a broad category of crime that involves the unlawful taking of someone else's property with the intent to permanently deprive them of it. The specific elements of theft can vary by jurisdiction, but generally, it includes actions such as taking, carrying away, or using another person's property without their consent.

Common types of theft crimes include:

• Petty Theft (Larceny): Involves the unlawful taking of someone else's property or money, usually of a relatively low value. The classification of "petty theft" is often based on the monetary value of the stolen items.
• Grand Theft: This is a more serious form of theft where the value of the stolen property exceeds a certain threshold. The threshold for grand theft varies by jurisdiction.
• Shoplifting: The act of stealing merchandise from a retail store. Shoplifting can involve concealing items on one's person, altering price tags, or other methods of surreptitiously taking goods without paying for them.
• Burglary: While commonly associated with breaking into someone's home, burglary involves entering a building with the intent to commit a crime inside, such as theft. It's important to note that burglary does not necessarily require breaking and entering; entering without permission is often sufficient.
• Robbery: Unlike theft, robbery involves taking property from a person directly and often involves the use of force, threat, or intimidation. It's a more violent form of theft.
• Auto Theft: Also known as grand theft auto, it involves the stealing of someone's automobile. This can include joyriding, where the intention is not to keep the vehicle permanently but to use it temporarily.
• Embezzlement: This occurs when someone entrusted with managing or handling funds misappropriates those funds for personal use. It often occurs in a position of trust, such as an employee stealing from their employer.
• Identity Theft: Involves the unauthorized use of another person's personal information, such as their name, Social Security number, or financial account information, to commit fraud or other crimes.
• Credit Card Theft: Illegally obtaining and using someone else's credit card information to make unauthorized purchases.
• Receiving Stolen Property: This crime involves knowingly receiving or possessing stolen goods, which may make the possessor liable for criminal charges even if they were not directly involved in the theft.

Theft is one of three criminal offenses that are often used interchangeably, but are in fact different. Theft charges involve the taking of someone else’s property. Burglary does not involve the actual taking of anything, but refers strictly to unauthorized entry into someone else’s property. Robbery, while involving the stealing of property, must also include the use of force or a credible threat to do so.

The three charges can often overlap. A defendant charged with going into a store with a gun and stealing money can face charges on both theft and robbery. If they went into the store after-hours, burglary could be added to the list. That’s to say nothing of the weapons charges that using the gun might bring.

But each charge is brought individually and each one has different sentencing structures. Burglary convictions require at least 1 year in jail and potentially as many as 12. Conviction on a robbery charge can mean anywhere from 10 to 99 years in jail.

Theft, because it covers so many possible situations, is more wide-ranging. A person might be accused of theft if they still have a neighbor’s power tools in their garage after borrowing them. Theft charges could result if a person is believed to have taken valuable jewelry while at a house party. Or a person might be charged with theft if it’s believed they embezzled corporate money.

The potential sentence will depend on the value of the item stolen. The guidelines in Louisiana are as follows…

• If the property in question is valued at $1,000 or less, this is a misdemeanor offense. The maximum penalty is six months in jail and a fine of $1,000. 
• Now we’re in felony territory and the first level is property valued anywhere from $1,000 to $5,000. The maximum prison sentence is five years. 
• If a person is convicted of taking property valued from $5,000 to $25,000, a judge is authorized to sentence them to as many as 10 years behind bars .
• Property up and over $25,000 means a convicted defendant could go away for as long as 20 years

Additionally, sentencing may be influenced by factors such as prior criminal history and the presence of aggravating or mitigating circumstances. If someone is facing theft charges in Louisiana, consulting with a legal professional is crucial to understanding their specific situation and potential consequences. Given the gravity of what the legal system can do, a defendant should waste no time in contacting a Baton Rouge theft attorneys.

Legal Defenses Against Theft Charges

Legal defenses against theft crimes can vary depending on the circumstances of the case, but some common defenses include:

• Lack of Intent: Theft crimes generally require intent to permanently deprive someone of their property. If the accused can demonstrate that there was no intention to steal or that they believed they had a right to the property, it may serve as a defense.
• Claim of Right: If the defendant genuinely believed they had a legal right to the property or had permission from the owner to take it, they may use a "claim of right" defense. This defense asserts that the accused had a reasonable belief that they were entitled to the property.
• Consent: If the owner of the property gave explicit consent for the accused to take it, this can serve as a defense against theft charges.
• Insufficient Evidence: A defense attorney may challenge the prosecution's evidence, arguing that it is insufficient to prove guilt beyond a reasonable doubt. This could include questioning the reliability of witness testimony or the admissibility of certain pieces of evidence.
• Return of Property: In some cases, returning stolen property voluntarily and as soon as possible may be used as a defense. This can demonstrate remorse and an absence of intent to permanently deprive the owner.
• Age or Mental Capacity: If the accused is a minor or has diminished mental capacity, their legal defense may involve arguing that they did not fully understand the nature or consequences of their actions.
• Mistaken Identity: The defense may argue that the accused was wrongly identified as the perpetrator and did not commit the theft. This can involve presenting evidence that someone else committed the crime.
• Duress: If the defendant can show that they were under threat or coercion to commit the theft and had a reasonable fear of harm if they did not comply, the defense of duress may apply.
• Entrapment: Entrapment occurs when law enforcement induces someone to commit a crime they would not have committed otherwise. If the defendant can show that they were coerced or persuaded by law enforcement to commit the theft, it may be a valid defense.

Experienced Lawyers You Can Trust

Beall & Thies has fought for defendants in the Baton Rouge area for over 20 years. Our attorneys individually have over 100 years of combined experience. We don’t back down from a District Attorney and we understand what’s necessary to protect our clients. Let us fight for you next.

Beall & Thies understands how to investigate a case and craft a defense strategy. We know when it’s time to plea bargain and when to go all-out for acquittal. Contact us today at 225-383-3499 or fill out our online contact form to set up a consultation.