If the value of the alleged stolen property is $1000 or greater, the charge becomes a felony theft. If the value is between $1000 or more but less than $5000, the sentencing range is up to 5 years in prison. If the value is over $5000 or more but less than 25,000 the sentencing range is up to 10 years. If the alleged value is $25,000 or greater, the sentencing range is up to 20 years with or without hard labor.
Theft is the act of taking something that belongs to another person with the intention of permanently stripping them of its possession. Taking something that belongs to another person is an act of theft. The crime of theft is a serious one and has frightening consequences. Theft can be in the form of embezzlement, robbery, shoplifting, larceny, etc.
Theft is punished in two ways, either as a misdemeanor or a felony. A misdemeanor is a theft crime that doesn’t involve an amount or a property that costs so much. A felony theft, on the other hand, is a theft crime in which the amount of property involved has a higher value. In Louisiana, the severity of punishment an offender receives for a theft crime is dependent on the amount or the value of the property stolen.
Theft is charged as a felony when the amount of money of stolen property valued at $1,000. Theft becomes a felony If someone steals $1,000 or more or if someone steals property or merchandise worth $1,000. A felony offense has severe consequences that can affect the entire life of the offender. If you or someone you know is charged for felony theft, it is important that you contact a criminal defense lawyer immediately. You deserve a defense, so you should talk to a lawyer as soon as possible.
Types of Felony Theft
Several types of felony theft can bring a felony theft charge on you. The different types are classified based on the facts surrounding the crime. Some types of felony theft crimes are as follows:
- Theft:grand theft is unlawfully taking money or item of over $1,000. In Louisiana, the term “grand” theft is not used. Instead, Louisiana law refers to a grand theft as a felony theft. Grand theft is used in many other common law states. Grand theft incurs the penalties of a felony theft crime.
- Auto Theft: this involves taking another person’s car with the intention of permanently stripping them of its possession. If the vehicle is valued at $1000 or more, the charge could be a felony theft. The prosecutor would likely also charge the defendant withburglary. Anyone charged for felonyauto theft shall face a felony theft penalty.
- Shoplifting:shoplifting is a theft charge thatoccurs when someone steals items or alters price tags from a merchant.Shopliftingis usually a misdemeanor charge because the items usually don’t add up to $1000. However, felony shoplifting occurs when the items add up to $1000 or more. The technical charge that would be filed by the prosecutor would befelony theft.
- Receiving Stolen Property:this type of theft doesn’t require you to directly steal or nurse the intent to steal. But, accepting or receiving stolen property which you know is stolen, could land you with a felony charge. Merely receiving goods or items that you know must have stolen could makeyou guilty ofillegal possession of stolen things. To be on a safe side, you may have double check whenever you are accepting property from anyone,just to be sure you are not receiving stolen items.
- Embezzlement:this is a fraudulent act of taking funds you are entrusted with. Before felony theft can be termed as embezzlement there must have been a fiduciary relationship in which the offender is entrusted with access to funds. In this case, the defendants take the funds entrusted in their care for personal use and gain. Funds embezzled are usually directed from work to personal gain. When the embezzled fund is up to $1,000 or more, it is charged as felony theft. We have represented many clients arrested for felony theft based on the accusation that they embezzled money from their employer while employed as the bookeeper.
- Robbery: involves the taking of another person’s property using force, threat, or firearms.Robberyis a combination of using force (or the threat of force)and theft, and it comes with very grievous consequences.
Penalties for Felony Theft
Since the felony theft amount is a value from $1,000 and more, the offender is made to serve severe penalties. If the amount of money or value of the property was stolen is up to $1,000 but less than $5,000, the offender is incarcerated for up to 5 years. If the theft amount values over $5,000 but less than $25,000, the offender is incarcerated for up to 10 years. Fur a value of up to $25,000 or more, the offender is incarcerated for up to 20 years, with or without hard labor.
Additional Factor That May Affect Theft Penalties
Additional factors contribute to the severity of theft penalties. Thus, even petty theft or regular theft can be punished with major penalties or as a felony for a repeat offender. Regardless of the type of theft an offender commits, a theft history has a major effect on the sentencing. First offenders may receive a degree of leniency (lighter penalties) but a repeat offender is made to face more grievous penalties. For instance, if the offender has two previous convictions for misdemeanor theft, the third arrest becomes a felony theft.
What to if Arrested for Felony Theft
Felony theft charges areserious, which requirethe help of a thorough, strict, and skilledcriminal defense lawyer. If you are charged for felony theft, you need to swiftly hire a criminal defense attorney to rise for your defense in court. The intervention of a skilled and experienced lawyer like Carl Barkemeyer can make a significant difference in the outcome of your case. He can start strategizing immediately after you retain him. Start early to ensure the best chances for a better outcome.
Contact Carl Barkemeyer for Felony Theft Defense
Carl Barkemeyer is a criminal defense attorney with lengthy experience in handling felony theft cases. Whenever you have such a case, you shouldn’t delay in reaching out to Louisiana theft defense attorney, Carl Barkemeyer to see if he is willing to take your case. Carl Barkemeyer defends his client in court incisively and puts in all efforts to make a difference in every case he handles. Hiring him can make a huge difference in your case.Contactthe Barkemeyer Law Firmif you have received a misdemeanor or felony theft charge in Louisiana.
