If you unlawfully take someone else’s property, they have the right to bring criminal charges against you. Although you might think burglary, theft, and robbery are different words for the same crime, Louisiana law defines them as different crimes. The most important thing to remember is that your sentencing depends on the charges you face.
As the best Shreveport criminal defense attorney in the business, Joseph Greenwald, Jr. of the Greenwald Law Firm has all the tools and experience necessary to fight on your behalf. Your freedom depends on the quality of your defense attorney, so why settle for less? Our attorneys know that the criminal court process is complex and confusing, but we refuse to let you get swept away. If you’ve been accused of a crime in Louisiana, call the Greenwald Law Firm today at 318-219-7867 today to speak with an attorney who will protect your rights and give you the fair trial you deserve.
What Are the Differences Between Burglary, Theft, and Robbery?
In this section. We’ll define burglary, theft, and robbery as they pertain to Louisiana law. We will also list how they differ in terms of specifics, as well as certain types of each.
- Burglary: The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein.
- Aggravated Burglary: Burglary if the offender is armed with a dangerous weapon, if, after entering, the offender arms himself with a dangerous weapon, or if the offender commits battery upon any person while in such place, or in entering or leaving such place.
- Theft: 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. Also, an intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
- Robbery: The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon.
- First Degree Robbery: The taking of anything of value belonging to another from the person of another, or that is in the immediate control of another, by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon.
- Second Degree Robbery: The taking of anything of value belonging to another from the person of another or that is in the immediate control of another when the offender intentionally inflicts serious bodily injury.
- Armed Robbery: The taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.
Simplify It For Me:
- Burglary involves unauthorized entry into a place with the intent to commit theft or a felony. Aggravated burglary is burglary when the offender is armed with a dangerous weapon, arms himself, or commits battery within that place, entering that place, or leaving that place.
- Theft involves taking anything of value that belongs to someone else without their consent, with the intent to deprive them of that thing permanently.
- Robbery involves taking something of value directly from another person. First degree robbery is robbery when the offender leads the victim to believe they have a dangerous weapon. Second degree robbery is robbery when the offender harms the victim. Armed robbery is robbery while armed with a dangerous weapon.
What Should I Do If I’ve Been Charged with Burglary, Theft, or Robbery?
These are very serious charges. Being accused of or arrested for any of the above crimes can be scary. The Greenwald Law Firm is here to give you a step-by-step guide on what to do if you’ve been charged.
- You have the right to remain silent. Exercise it. Refuse to answer any questions without your criminal defense lawyer present.
- Stay calm. Stay polite. Some people believe that resistance equals guilt, so your best bet is to stay as calm as possible.
- Contact a criminal defense attorney immediately. This is the most important step, as defense attorneys know all the ins and outs of the law. You need someone on your side fighting for your freedom.
- Be open and honest with your lawyer. In order to formulate the best defense for you, we need to know the truth. Anything you share with us is confidential, and we will use it to your advantage.
- Document everything you remember, including witnesses. The more details you have for your defense, the better. This goes hand in hand with #4, since details are an attorney’s best friend.
- Be on time to every court proceeding, unless you can have your attorney appear in your place. Work with your attorney to know in advance when you must be in court. Show up on time, dress well, and try your best to remain calm.
What Are the Penalties for Burglary, Theft, and Robbery?
Penalties for these crimes vary depending on scope and scale. Below, we list the maximum penalties for each above-mentioned offense in the state of Louisiana, as well as whether it is a felony or misdemeanor.
|Burglary||Misdemeanor or Felony||→ Imprisonment, with or without hard labor, for up to 12 years
→ Fine of up to $2,000
|Aggravated Burglary||Felony||→ Imprisonment with hard labor for no less than one year, but no more than 30|
|Theft||Misdemeanor or Felony||→ If the taken amount is $25,000 or more: Imprisonment with hard labor for no more than 20 years; Fine of up to $50,000
→ If the taken amount is $5,000 or more, but less than $25,000: Imprisonment with or without hard labor for no more than 10 years; Fine of up to $10,000
→ If the taken amount is $1,000 or more, but less than $5,000: Imprisonment with or without hard labor for no more than 5 years; Fine of up to $3,000
→ If the taken amount is less than $1,000: Imprisonment for up to 6 months; Fine of up to $1,000
|Robbery||Usually a Felony||→ Imprisonment with or without hard labor for up to 7 years
→ Fine of up to $3,000
|First Degree Robbery||Usually a Felony||→ Imprisonment at hard labor for no less than 3 years, but no more than 40, without benefit of parole, probation, or suspension of imposition or execution of sentence|
|Second Degree Robbery||Usually a Felony||→ Imprisonment at hard labor for no less than 3 years, but no more than 40|
|Armed Robbery||Felony||→ Imprisonment at hard labor for no less than 10 years, but no more than 99, without benefit of parole, probation, or suspension of sentence|
What Kind of Attorney Will a Criminal Defendant Need?
If you’ve been arrested or charged for burglary, theft, or robbery, you need a highly experienced criminal defense attorney. These allegations are extremely serious, and should be fought aggressively. They create permanent criminal records and have wide ranges of prison sentences and fines.
Don’t let one of these charges ruin the rest of your life. Whether you face felony charges or misdemeanor charges in Louisiana, you need a criminal defense attorney. Contact attorney Joseph Greenwald, Jr. to fight for your rights and your freedoms. Call the Greenwald Law Firm at 318-219-7867 to schedule a free confidential consultation, or visit our website.