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Defending Yourself Against Theft Charges in Ouachita Parish
Being convicted of a theft crime in Louisiana can open you up to serious legal penalties that can have far-reaching consequences. You could face everything from fines to years in prison, and a conviction on your criminal record can affect both your professional and your personal life. If you’ve been charged with a theft crime in Ouachita Parish, the legal team at Whiddon Criminal Defense can help.
Understanding Misdemeanor vs. Felony Theft Charges
Louisiana state law defines theft as “the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.” However, there are several charges that fall under the umbrella of theft and property crimes, and these can be either misdemeanors or felonies. It’s important to understand which type of charge you’re facing, as this will determine what the potential penalties are and what defense strategies are available to you.
Misdemeanor Theft
In general, theft of an item that is valued at less than $1,000 is charged as a misdemeanor in the state of Louisiana. However, there are exceptions if the defendant has two or more prior property crime convictions. This can escalate the subsequent charge to a felony.
Possession of stolen goods worth less than $1,000 is also a misdemeanor if it’s the defendant’s first offense.
The potential penalty for a misdemeanor theft conviction in Louisiana is up to 6 months in jail and a fine of up to $1,000.
Felony Theft
Felony theft charges apply when the value of an item is more than $1,000, the property is a vehicle, or the defendant has multiple previous convictions. The penalties for a felony theft conviction are dependent on the value of the property.
Items valued between $1,000 and $5,000 can carry a sentence of up to 5 years in prison and a fine of $3,000. Items valued between $5,000 and $25,000 can mean a sentence of up to 10 years in prison and a fine of up to $10,000. Theft of property valued in excess of $25,000 carries the most serious penalties: up to 20 years in prison and a fine of up to $50,000.
Possible Theft Defense Strategies
When you hire a criminal defense attorney, they will evaluate your case and determine what defense strategies may work for your particular circumstances. This can include everything from showing that you weren’t in the area at the time the crime was committed and, therefore, could not have done it to negotiating a plea deal with the prosecution to try to avoid a harsh felony sentence. Your attorney may discuss one of these common defense strategies with you.
Proper Claim of Ownership
To be charged with theft or another property crime, the prosecution must prove that you were depriving another person of their property.
But if the property in question was legally yours, theft charges don’t apply. This defense strategy may be especially applicable to property that is co-owned or that is subject to a loan agreement.
For example, if a couple is divorcing and one person accuses the other of stealing their car but both cars are still part of the marital property and jointly owned, theft charges don’t apply. Another example would be if you loaned a lawn mower to a neighbor and didn’t get it back for several weeks and then saw it in the driveway and took it back. The lawn mower was still legally yours, so the neighbor can’t accuse you of theft.
Lack of Intent
One of the most important parts of a theft case is intent. Louisiana law states that “an intent to deprive … is essential.” This means that the prosecution must prove beyond a reasonable doubt that the defendant intended to take the property. If there was no intent — or there are serious doubts about it — this can lead to dropped charges or an acquittal.
For example, if you were walking out of a store and mistakenly picked up someone else’s bag instead of your own, this could just be a case of understandable confusion. Similarly, if you’re at a party and someone has the same coat as you, and you mistakenly take theirs instead of yours, this is an honest mistake, not a crime.
Other scenarios that may benefit from a lack-of-intent defense include someone who borrowed something with the intent to return it or someone who believed they had the authority to remove the object. Your attorney will discuss with you how intent applies to your case and what you can do to create doubt as to whether the burden of proof has been met.
Inaccurate Valuation of the Items
While disputing the valuation of the property in question won’t help you avoid the charges altogether, it can help you avoid the harsher penalties associated with a felony conviction. Because whether a theft charge is prosecuted as a misdemeanor or a felony depends on the value of the item, an inflated valuation could have a serious impact on your future. Showing that the value of the item wasn’t accurate could help you avoid serious penalties and potentially even have the charge downgraded to a misdemeanor.
When you’re facing theft charges in Monroe, you need an experienced legal team working for your defense. Call Whiddon Criminal Defense at 318-594-4565 to find out how we may be able to help with your case.
