Caddo Parish, LA: Shoplifting Criminal Defense Law Firm
Shoplifting is a crime in Louisiana. Like other forms of theft or larceny, the punishments for shoplifting depend on the value of the item or items stolen. Often, shoplifting is thought of as hiding a store item in a pocket, purse, or under clothes, and then walking out with the item. That is definitely a form of shoplifting. However, shoplifting, like theft, can be several other things, such as switching price tags/labels or doing any other act that would cause the item to be "rung up" at a lower price.
Further, a critical criminal element of theft in Louisiana is the intent to permanently deprive another person of their property. In other words, shoplifting and theft are NOT primarily about keeping the property for yourself. Rather, the focus of the crime as defined makes it essential that there be an intent to deprive the other person of their property.
Consequently, you can also be charged with shoplifting by damaging merchant goods to make them unsaleable. This might involve opening boxes, breaking a safety seal, or other such acts. The key here is the intent to deprive the merchant of their property.
Shoplifting may seem like a "no big deal" crime. But, if you or someone you know has been charged with shoplifting, you should consider hiring a Louisiana criminal defense lawyer. Shoplifting and other forms of theft are sentence-enhancing crimes. So, a conviction for shoplifting may make the sentence for any future shoplifting crime more severe.
Under the Louisiana Criminal Code, La. Rev. Stat., § 14:67 (shoplifting) has these legal elements that the government prosecutors must prove
Taking or misappropriation of something of value
Taking or misappropriation was without consent or obtained by deceit or fraud
With the intent to deprive the merchant of his or her property/goods
By statute, the final element -- intent to deprive -- can be inferred by evidence of the following:
Intentional concealment by a perpetrator, on his person or otherwise, of goods held for sale
Altering or transferring price marking reflecting the actual retail price of the goods
Transferring goods from one container or package to another or placing goods in any container, package, or wrapping in a manner to avoid detection
Willfully causing the cash register or another type of sales recording device to reflect less than the actual retail price of the goods
Removing any price marking with the intent to mislead the merchant as to the actual retail price of the goods.
As noted, the punishment depends on the value of the items shoplifted. For this, if there are related but separate actions, the value is determined by the aggregate of the items shoplifted. For a first-time shoplifting conviction, punishment can be as follows based on the value of the stolen items:
$1000 or less -- 0-6 months incarceration; up to $1,000 in fines
From $1,000 to $5,000 -- up to 5 years of incarceration; up to $3,000 in fines
From $5,000 to $25,000 -- up to 10 years of incarceration; up to $10,000 in fines
More than $25,000 -- up to 20 years of incarceration; up to $50,000 in fines
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense attorneys. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to try to help you win your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.