Theft Crimes | Law Office of Ernest J. Bauer, Jr. LLC

What is Burglary in Louisiana?

Ernest J. Bauer, Jr. — Fri, 09 Sep 2022 11:14:50 +0000

What is Burglary in Louisiana?

Criminal charges for the intention to commit burglary can result in severe penalties, including restitution, jail time, and fines. We will now summarize the burglary offense and possible penalties. Contrary to robbery, burglary is generally a non-confrontational offense with few witnesses. Louisiana law defines burglary as the unauthorized entry of any structure intending to commit a crime or steal therein. Burglary can take many forms, including unauthorized entry with intent to steal or commit a felony. The Louisiana law includes the following types of burglary offenses:

Simple Burglary

Louisiana law says that La. R.S. R.S. 14:60. Simple burglary refers to the unauthorized entry of any dwelling, vehicle or watercraft or any other structure, movable and immovable, as well as any cemetery with the intent of committing a felony or any theft.

A Simple Burglary for an Inhabited House

According to La., Simple Burglary of an Unoccupied Dwelling. SS R.S. 14:62.2 is the unauthorized entry of an inhabited dwelling, apartment, or other structure that has been used as a place of abode or home by someone or persons with intent to commit a crime or theft.

Aggravated Burglary

Under Louisiana, La. R.S. R.S. 16:60. Aggravated burglary refers to the unauthorized entry of an inhabited dwelling or any structure, watercraft, or movable where a human being is present with the intent of committing a felony, theft, or both. If the alleged offender is found to be in any of these circumstances,

The offender is equipped with a deadly weapon
If the offender is armed with a deadly weapon after entering,
Any person is subject to the battery if the offender does so.

Unauthorized Entry to a Critical Infrastructure

According to La. R.S. R.S. Important infrastructure refers to places such as chemical manufacturing plants, pipelines, electrical transmission substations and oil refineries.

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Looting

Looting refers to the deliberate entry of a dwelling, structure, or other property belonging to another party. It can be used in whole or part as a place of abode, home, or business. La. R.S. R.S. 14:62.5 states that an entry must be made when normal property security is compromised by a hurricane, flood, or fire.

Home Invasion

La. R.S. R.S. 14:62.8 refers to the unauthorized entry of any inhabited dwelling, other structure, and use in whole or part as a place of abode, home, or residence, by a person with an intent to use force, violence, or vandalize or deface the property of another.

What are the Criminal Fines and Jail Time for Burglary?

Criminals convicted of burglary offenses may be found guilty depending on the nature and extent of the crime. These are the penalties for burglary in various forms:

Simple Burglary

Louisiana Revised Statutes Section 14.62 provides that a person who commits simple burglary will not be subject to a fine exceeding two thousand dollars and must serve a minimum of twelve years in prison with or without hard work, or both.

The same Subsection allows the offender to be sentenced further if they are armed. The offender who commits the crime of simple burglary is armed or has a firearm after entering the premises, shall be sentenced to a minimum of three years and a maximum of twelve years.

Aggravated Burglary

Under La. R.S. R.S. 14:60. Anyone convicted of aggravated burglary will be sentenced to hard labor for under one or more than thirty years.

A Simple Burglary for an Inhabited House

La R.S. 14:16.2 (B), states that anyone convicted of simple burglary in an inhabited dwelling shall serve a minimum of one year and a maximum of 12 years imprisonment.

Home Invasion

A home invasion is a common type of burglary. R.S. 62.8 provides that anyone who commits the crime of home invasion will not be subject to a fine exceeding $5,000 and shall be held in hard labor for no more than one year or 30 years.

Unauthorized Entry to a Critical Infrastructure

Unauthorized entry to critical infrastructure can result in a sentence of 5 years imprisonment, with or without hard labor, and a fine up to $ 1000, or both.

Looting

Persons convicted of looting could face up to 15 years in prison and a $10,000 fine. Looting committed in a state emergency declared by a governor, C.E.O. Any parish can be punished with a minimum $5,000 fine up to $10,000 and hard labor for a minimum period of 3-15 years.

Legal Support

A criminal defense attorney can provide legal counsel and support in cases where someone you love is facing Louisiana burglary charges.

CALL US TODAY

For a free initial phone consultation with an experienced Louisiana attorney, call me today at 504-610-5645, or fill out the contact form. I return all messages promptly.

OFFICE LOCATION

1966 N Hwy 190 Suite A
Covington, LA 70433
(504) 610-5645
(844) 272-1106 (fax)

The post What is Burglary in Louisiana? first appeared on Law Office of Ernest J. Bauer, Jr. LLC.

Why should you hire an attorney for theft crimes?

Ernest J. Bauer, Jr. — Sat, 05 Feb 2022 18:00:07 +0000

If you are facing criminal charges, you may be thinking of trying to handle the matter alone – especially if this is your first offense or you know that you are guilty of committing the crime. However, this would not be a smart decision, and the consequences could go far beyond what happens in your criminal case.

You may not realize that a guilty plea—even for a misdemeanor—will result in you having a permanent criminal record. This can have huge consequences in your life, such as your ability to obtain a job, a professional license, or citizenship. You do not want to risk your future by not hiring an attorney.

Your attorney or a trained investigator can visit the crime scene, examine the evidence against you and interview prosecution witnesses.

It is not unusual for a savvy investigator to obtain a witness statement where the person’s recollection of events is not so clear and reasonable doubt established.

Also, the courts have deadlines for presenting motions regarding the introduction or exclusion or certain evidence that must also be presented in a certain form.

Finally, a prosecutor will take your case more seriously if you have a seasoned and established criminal defense attorney representing you.

You have more opportunity for a reasonable disposition of your case, including dismissal, a plea to a lesser charge, an alternative sentence or one where jail or prison time is suspended.

When considering hiring an attorney, you do not want to base your decision solely on cost. You need an attorney who is experienced in handling criminal cases and cases involving crimes such as yours if you hope to achieve a more favorable outcome. The following are reasons why you would benefit from retaining a lawyer. An experienced lawyer:

Understand the law

Criminal law is a very complicated area of the law with many statutes, court decisions, and constitutional rights that could apply to your case. This is true even if you are being charged with DWI or a traffic violation. You cannot hope to raise all of your defenses without an experienced attorney who understands the laws and defenses that could apply to your case.

Knows the procedural rules

An attorney will know the criminal procedural rules that apply to your case which govern the pleadings you have to file in your case, the proper form these pleadings must be in, and the time periods for obtaining information and filing motions in your case. If you fail to follow these procedural rules, some of your defenses may not be heard or you could miss important deadlines for raising them.

Conduct an investigation

The prosecutor has the police and other investigators who can help them build a strong case against you. You need an experienced attorney who can conduct a thorough investigation of the facts of the crime you are being charged with, examine evidence, and interview witnesses that could be helpful in raising your defenses either on his own or by using his own investigator.

Hire Experts

In some criminal matters, you may need to hire an expert witness to testify on your behalf. Depending on the facts of your case, you could need an expert to challenge a breathalyzer test, challenge DNA findings, to research prosecution witnesses, or much more. An experienced attorney will have a network of qualified experts that he can turn to if your case requires it.

Challenge evidence

The police may not have followed the laws and procedures regarding the collection of evidence against you. An attorney will be able to spot these issues and can file a motion to suppress the illegally obtained evidence. If the prosecutor is unable to use vital evidence that proves your guilt, the charges against you may be dismissed or reduced to a less serious offense—even if you are guilty.

Provide you with a reality check

Once your attorney has investigated the criminal case against you and your defenses, he will be able to give you a realistic evaluation of the possible outcome of your case. This can help you make an informed decision about whether to take your case to trial or enter into a plea agreement.

Negotiate a plea agreement

If your attorney and you decide that entering into a plea agreement is in your best interests, he will be able to enter into a more favorable one than you could most likely receive on your own. He will be able to use the results of his investigation and his knowledge of the law to persuade the prosecutor to reduce the charges against you or your sentence.

Having a criminal attorney who is intimately familiar with the facts and circumstances of your case, your background, nature of the offense and the court where your case is venued is vital to knowing what you are facing, what defenses are available to you and the steps to obtain a satisfactory resolution.

CALL US TODAY

For a free initial phone consultation with an experienced Louisiana attorney, call me today at 504-610-5645, or fill out the contact form. I return all messages promptly.

OFFICE LOCATION

1966 N Hwy 190 Suite A
Covington, LA 70433
(504) 610-5645
(844) 272-1106 (fax)

The post Why should you hire an attorney for theft crimes? first appeared on Law Office of Ernest J. Bauer, Jr. LLC.