Minden Theft Lawyer

Understanding How Theft is Categorized

The state of Louisiana takes theft charges very seriously. The punishment is based on a variety of factors including the value of what was stolen, how it was stolen, and whether or not this is your first theft offense. In its simplest form, theft is categorized as either one of the following:

Misdemeanor Theft

Generally speaking, if the value of the stolen items is worth less than $1,000, you will be charged with a misdemeanor. In some other states across the United States, this is referred to as petty theft. A misdemeanor theft charge leaves you at risk of imprisonment for no more than six months, as well as a fine of up to $1,000. 

In order to expunge a misdemeanor theft charge, you will need to have gone at least five years without a felony conviction. 

Felony Theft

When the value of the items exceeds $1,000, you are likely looking at felony theft charges. Based on the value of the goods, your punishment will vary: 

• If the items are worth $5,000 or less, possible punishments include up to five years in prison and up to a $3,000 fine.
• If the items are worth more than $5,000 but less than $25,000, possible punishments include up to ten years in prison and $10,000 in fines.
• For items worth $25,000 or more, you are looking at up to 20 years of imprisonment and up to $50,000 in fines. 

La R.S 14:67, Louisiana’s general theft statutes, outline certain property and items that adhere to their own set of standards and punishments. These include theft of a motor vehicle, theft of a firearm, theft of livestock, theft of timber, and identity theft. 

What Is Shoplifting?

Shoplifting is when a person steals merchandise from a store where it was intended for sale with the intention of depriving the store owner of their property. Shoplifting can be charged as either misdemeanor or felony theft. According to Louisiana’s law, the claimant is required to prove the following elements of shoplifting in order to file a shoplifting charge against you:

• That you knowingly concealed the stolen merchandise
• You intentionally altered the price marking on the product, switched its original packaging, or placed it in a bag to avoid theft detection

Shoplifting is considered a form of theft and carries the respective penalties of theft based on the determined value of the shoplifted items.

Shoplifting crimes can see the offender being held civilly liable to the merchant for the following damages:

• The retail value of the stolen merchandise, if they aren’t recovered in mint condition
• An additional penalty ranging between $50 to $500

If you are facing shoplifting charges, speak to a Minded petty theft attorney who will study the details of your case and better advise you on your best course of action.

How a Prior Conviction Will Affect Your Misdemeanor Theft Charges

Any past offenses in your record may make your misdemeanor charges more severe. The punishment gets more severe depending on the value of the stolen property and the number of your prior convictions:

• If the offender has two or more prior theft offenses, a typical misdemeanor charge that would have seen them get a six-month sentence could now translate to imprisonment of not more than two years, a fine of up to $2,000, or both.
• A habitual offender of any charges will carry a greatly enhanced penalty for their misdemeanor charges depending on the number of prior felonies over the period of the last five years and the type of felony they were convicted with. 
• The theft of specific items, such as firearms, generally carries heavier punishments. This can include up to 10 years of imprisonment, irrespective of prior convictions.

Contact a Minden theft defense lawyer if you have been charged with theft, regardless of prior convictions. Our theft defense attorneys are well-seasoned in the criminal justice process and will be in a better position to protect your rights in this legal matter.