What is Felony Theft vs. Misdemeanor Theft in Louisiana?
Basically, theft in Louisiana is a crime, and whether the crime is considered a felony or a misdemeanor depends on the value of what is stolen. The level of the crime will also depend on other factors, such as first offender status, how the theft was accomplished, and what was stolen. For example, theft involving a home invasion will generally be considered a felony regardless of the property's value. That is because that particular crime involved a home invasion, and the legislature considers invading someone's home to merit a greater punishment. Additionally, if the theft was accomplished with violence or intimidation, the crime will be considered a felony. In those cases, the perpetrator could be charged with more than one crime since, in our examples, home invasion, use of a deadly weapon, and/or intimidation are all separate crimes with separate elements and punishments.
Generally speaking, misdemeanor and felony crimes are distinguished by their potential incarceration sentences. A misdemeanor is considered one where the jail time is potentially less than a year; if the jail time is a year or more, then the crime is regarded as a felony. Note that there are some exceptions where the criminal statute in question specifically states that the crime is a felony, even if the potential jail time is less than one year.
If you have been arrested for a theft crime in Louisiana, you can benefit by not delaying in getting in touch with an attorney. The Louisiana criminal defense attorney at the Law Offices of Philip B. Adams represents individuals facing serious criminal charges like theft.
General theft crimes
For general theft crimes, these are the levels based on the value of what was stolen:
$1000 or less -- zero to six months in jail and/or $1,000 in fines for the first offense.
From $1,000 to $5,000 in value -- up to five years in jail and up to $3,000 in fines.
From $5,000 to $25,000 in value -- up to ten years in jail and up to $10,000 in fines.
More than $25,000 in value -- up to 20 years in jail and up to $50,000 in fines.
Specific theft crimes
In addition to the general theft criminal statute, Louisiana has a few specific theft statutes. Some of these specific theft crimes have the same or similar penalties based on the value of what was stolen. As an example, there is a specific criminal statute for theft of motor vehicles. See LA Revised Stat., § 14:67.26. The penalties are the same as those listed above based on the stolen vehicle's value.
However, other specific theft statutes have different punishments. For example, any theft of a firearm is a felony since the punishment is not less than two years nor more than ten years in jail and a fine of $1,000.
Repeat offenders
As noted, repeat offender status will convert theft crimes into felony crimes. As indicated above, theft of something of $1000 or less is considered a misdemeanor crime punishable with up to six months in jail. However, a second offense becomes a felony crime with a possible jail term of up to two years and a fine of up to $2,000. Third, fourth, and more repeat offenses have the same felony status.
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 lawyers. Complete our “Contact Us” page here. We have the experience and legal knowledge that you need for the best chance of winning your criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana.