Baton Rouge City Court Theft Lawyer

Theft Defense Lawyer

 

Call 225-964-6720

 

The listed criminal theft charges below are the offenses prosecuted in Baton Rouge City Court. They are all misdemeanor offenses. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or someone you know has a criminal charge in City Court.

 

Theft Lawyer Baton Rouge City Courttheft lawyer baton rouge

 

Theft offense in Baton Rouge Louisiana is a serious crime and should not be taken lightly. Because it can get you time behind bars. This goes for other towns and parishes in Louisiana as well. if you are caught in Baton Rouge on account of theft, or any intentional act to rob other individuals of their property or possession, you would be charged to court. Consequently, you’ll need an experienced Baton Rouge City Court lawyer to help you defend your case during trial. A Theft charge is no joke in Baton Rouge, and as such, you shouldn’t waste time in getting an aggressive criminal defense lawyer for your case.

In 2016, a good percentage of the defendants arrested on account of theft, fraud, and property destruction in Louisiana, were incarcerated. Theft cases, regardless of how petty the case, are serious crimes and there is a high possibility of a jail term. However, with the help of an aggressive criminal defense lawyer like Mr. Carl Barkemeyer, who understands the laws and the potential penalties of theft prosecution in Baton Rouge, you can secure positive outcomes in your case. On the off chance that you are a resident of Baton Rouge, Louisiana and you, your friend, or family, is being blamed for a theft offense, call Carl Barkemeyer, Criminal Defense Attorney.

 

How Louisiana defines theft and theft-related cases

Theft crimes have many definitions and the state of Louisiana has its standpoints on Theft cases and the appropriate punishments that would be accorded to a prosecuted offender of the crime. In Baton Rouge, Louisiana, theft is defined as obtaining valuable objects or materials from someplace or someone without getting a go-ahead for the rightful owner. You’ll also be arrested on account of theft offense if you obtain a thing of value with fraudulent antics and depictions.

However, there is also a clause in the definition of theft offenses in Louisiana: the valuable item must be taken without the intention of returning it to the rightful proprietor. Based on this definition, almost every valuable item is vulnerable to theft. But then again, the state of Louisiana treats theft cases related to the following objects especially;

•          Vehicles

•          Identity (if you impersonate another individual to steal money or other valuable items from that individual)

•          Guns

•          Alligators

•          Debit cards or credit cards

•          Shoplifting

•          Petroleum products

•          Domesticated animals

•          Utilities (cable, electricity, gas, etc.)

•          Crawfish

•          livestock

All the aforementioned theft cases are punishable by law in the state of Louisiana, and Mr. Carl Barkemeyer has acquired a wealth of experience defending such cases. He can help you with your defense during the court hearings of the above-listed theft charges in Baton Rouge.

Louisiana laws permit your legal counselor and case prosecutor to review the incriminating evidence filed against you during the trial. This means that you have the opportunity to create a factual defense for your case and identify the shreds of evidence that were obtained illegally during the time of the arrest. Mr. Carl Barkemeyer is very good at these things; identifying and fighting against illegally obtained evidence in a case. He will fight aggressively to the limits of the law to defend your case and secure the most favorable outcome in your court case.

 

Penalties for theft prosecution in Baton Rouge, Louisiana

Louisiana is very strict with theft offenders and the potential punishment for theft prosecution varies with the dollar worth of the stolen item. The same goes for Baton Rouge and other states in the USA.

If you are charged for stealing valuable items not up to $1000 (formerly $750), you may incur a prison sentence. The jail term may range from a few weeks to six months depending on how damning the evidence filed against you is. You may also incur a $1000-dollar cash fine. Even worse, you can incur both penalties.

If you are charged for stealing items valued at $1000+ but not up to $5000, you may incur cash fines up to $2000 or a maximum of 5 years’ jail term. Depending on the severity of your case, you can be imprisoned and incur a cash fine at the same time.

Baton Rouge classifies theft offenses into two categories (namely; felony and misdemeanor) depending on the dollar amount of the stolen property. As a result, theft charges of items valued below $1000 are classified as misdemeanor; and theft charges of items valued over $1000 are classified as a felony.

If you are convicted for a theft charge of an item that is valued over $1000 your prison sentence will include hard labor. on the other hand, the potential punishments for a theft conviction in Baton Rouge, Louisiana, will increase exponentially if the defendant has a prior conviction on his/her record.

 

Prior convictions

The dollar value of the stolen item is one out of the plethora of factors the Baton Rouge city court considers to determine the appropriate punishment for a theft case. Another important factor that would be considered during your court hearings is the prior convictions on your record.

If you have been charged in the past for similar offenses or other damning crimes, and the monetary value of the items stolen is not up to $1000. You’ll most likely get the lightest penalty possible. On the other hand, if you have 2 or more prior theft-related offenses on your record, you may be imprisoned for 2 years. As opposed to the 6 months that is proposed for theft misdemeanor offenses. You would most likely incur direr punishments if the item stolen is valued over $1000.

You should know also that special items like firearms carry heavier penalties than the typical items. If you are charged for stealing firearms in Baton Rouge, you may incur up to 10 years’ jail term; prior convictions or not.

 

Get Help for Theft cases in Baton Rouge

Regardless of how damning the evidence filed against you is, having an aggressive criminal defense attorney for your court case can help you weather the storm. Mr. Carl Barkemeyer and the team at Carl Barkemeyer, Criminal Defense Attorney are ready to take up your case and fight for your constitutional rights. Call us today, to have a one on one discussion with our front man, Mr. Carl Barkemeyer, to secure the most favorable outcome in your theft case.

 

Sec. 13:67. Misdemeanor theft.

(a)
Theft is the misappropriation or taking of anything of value of less than five hundred dollars ($500.00) 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. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
(b)
Whoever commits the crime of misdemeanor theft shall be imprisoned for not more than six (6) months or may be fined not more than five hundred dollars ($500.00), or both.
(City Code 1951, Title 13, § 45.6; Ord. No. 11682, § 3, 3-8-00; Ord. No. 15012, § 1, 10-27-10)
Cross reference— Taking of lake property structures, equipment at City Park Lake and New University Lake, § 3:72; arrest of shoplifters, § 4:202.
State law reference— Similar provisions, R.S. 14:67.


Sec. 13:67.2. Theft of dogs.

(a)
Theft of dogs is the misappropriation or taking of any dog which belongs to another, either without consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
(b)
Whoever commits the crime of theft of dogs shall, upon the first conviction thereof, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or be imprisoned for not less than three (3) months nor more than six (6) months, or both.
(Ord. No. 8837, § 1, 1-11-89)
State law reference— Similar provisions, R.S. 14:67.2.


Sec. 13:67.3. Unauthorized use of "access card" as theft; definitions.

(a)
(1) Access card shall mean and include any card, plate, paper, book or any other device issued to a person which authorizes such person to obtain credit, money, goods, services, or anything of value, whether contemporaneous or not, by use of any credit or deferred payment plan which issuer or by use of debiting or changing such person's demand deposit savings or time account with issuer or by debiting or charging any other funds such person has on deposit with issuer.
(2)
Revoked access card as used herein shall mean an access card which has been canceled or terminated by the issuer of said access card.
(3)
Person as used herein shall mean and include natural persons, or any organization, or other entity.
(4)
Issuer as used herein shall be the depository and/or creditor issuing the access card, directly or through another entity.
(5)
The aggregate amount or value of credit, money, goods, services or anything else of value obtained shall determine the value of the misappropriation or taking in determining the penalty under R.S. 14:67 when the offender has obtained the credit, money, goods, services or anything else of value from any one (1) issuer or the offender has used an access card, or referred to a nonexistent access card on two (2) or more occasions within any consecutive ninety-day period.
(b)
Whoever, directly or indirectly, by agent or otherwise, with intent to defraud, (1) uses a forged access card, (2) makes reference by number or other description to a nonexistent access card, (3) steals or wrongfully appropriates an access card, or (4) uses an access card belonging to another person without authority of said person; thereby obtaining, whether contemporaneously or not, credit, money, goods, services or anything of value shall be guilty of theft and shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months or both.
(c)
Whoever, directly or indirectly, by agent or otherwise, with intent to defraud, uses a revoked access card, thereby obtaining, whether contemporaneously or not, credit, money, goods, services or anything of value shall be guilty of theft and shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months or both. For purposes of this subsection, it shall be presumptive evidence that a person used a revoked access card with intent to defraud if the person, directly or indirectly, by agent or otherwise, uses the access card after actually receiving oral or written notice that the access card has been canceled or terminated, or if said person, directly or indirectly, by agent or otherwise, uses the access card at a time period more than five (5) days after written notice of the termination or cancellation of said access card has been deposited by registered or certified mail in the United States mail system. Said notice shall be addressed to the person to whom such access card has been issued at the last-known address for such person as shown on the records of the issuer.
(d)
Whoever, directly or indirectly, by agent or otherwise, with the intent to defraud, uses an access card to obtain, whether contemporaneously or not, money, goods, services or anything of value, and the final payment for said items is to be made by debiting or charging said person's demand deposit or savings or time account with issuer, or by debiting or charging any other funds said person has on deposit with the issuer, and there are not sufficient funds on deposit to the credit of said person with the issuer to make payment in full of said items obtained, said person shall have committed the crime of theft. Said person's failure to pay the amount due on said items obtained:
(1)
Within ten (10) days after written notice of said amount due has been deposited by certified or registered mail in the United States mail system addressed to the person to whom such access card has been issued at the last-known address for such person as shown on the records of issuer; or
(2)
Within ten (10) days of delivery or personal tender of said written notice;
shall be presumptive evidence of said person's intent to defraud.
(e)
As used herein and in R.S. 14:67, the access card itself shall be a thing of value, with a value less than one hundred dollars ($100.00).
(f)
In addition to any other fine or penalty imposed under this section, the court may, at its discretion, order, as a part of the sentence, restitution.
(Ord. No. 8946, § 1, 7-12-89)
State law reference— Similar provisions, R.S. 14:67.3.


Sec. 13:67.4. Theft of domesticated fish from fish farm; penalty.

It shall be unlawful for any person, other than the owner thereof, to fish or to take any domesticated fish from any fish farm or private pond, except with the consent of the owner thereof.

Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine or imprisonment or both, based on the value of the domesticated fish unlawfully taken or misappropriated.

When the misappropriation or taking amounts to less than a value of one hundred dollars ($100.00), the offender shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both.

(Ord. No. 8837, § 1, 1-11-89)
State law reference— Similar provisions, R.S. 14:67.4.


Sec. 13:67.5. Theft of crawfish; penalty.

(a)
No person shall knowingly, willfully and intentionally fish or take any commercial crawfish from any crawfish farm, except with the consent of the owner thereof.
(b)
Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine or imprisonment or both.
(c)
When the misappropriation or taking amounts to less than a value of one hundred dollars ($100.00), the offender shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both.
(Ord. No. 8837, § 1, 1-11-89)
State law reference— Similar provisions, R.S. 14:67.5.


Sec. 13:67.6. Theft of utility service; inference of commission of theft; penalties.

(a)
Theft of utility service is the misappropriation, taking, or use of any electricity, gas, water, or telecommunications which belongs to another, is held for sale by another, or is being distributed by another, without consent of the owner, seller, or distributor or by means of fraudulent conduct, practices, or representations. A taking, misappropriation, or use includes the diversion by any means or device of any quantity of electricity, gas, water, or telecommunications, from the wires, cables, pipes, mains, or other means of transmission of such person, or by directly or indirectly preventing a metering device from properly registering the quantity of electricity, gas, water, or telecommunications actually used, consumed, or transmitted.
(b)
The trier of fact may infer that there was a misappropriation, taking, or using without the consent of the owner, seller, or distributor, or that there was fraudulent conduct, practices, or representations when:
(1)
There is on or about any wire, cable, pipe, main, or meter, or the equipment to which said wire, cable, pipe, main, or meter is affixed or attached, any device or any other means resulting in the diversion of electricity, gas, water, or telecommunications, or any device or any other means resulting in the prevention of the proper action or accurate registration of the meter or meters used to measure the quantity of electricity, gas, water, or telecommunications actually used, consumed, or transmitted, or interfering with the proper action or accurate registration of such meter or meters;
(2)
The person charged had custody or control of the room, structure, or place where such device, other means, or such wire, cable, pipe, main, meter, or equipment affixed or attached thereto was located;
(3)
The person charged benefited from the misappropriation of such utility service; or
(4)
The person charged intentionally supplied false information in applying for such utility service.
(c)
On a first conviction, the offender shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months, or both.
(Ord. No. 8455, § 1, 7-8-87; Ord. No. 8837, § 1, 1-11-89; Ord. No. 12118, § 1, 9-26-01)
State law reference— Similar provisions, R.S. 14:67.6.


Sec. 13:67.9. Theft of oil and gas equipment; penalties.

Any person who shall unlawfully take or misappropriate any machinery, drilling mud, welding equipment, pipe, fittings, pumps, or any other oil and gas equipment used in connection with the drilling, production, or maintenance of oil or gas wells, with the intent to deprive the owner or lessee thereof of said items shall; when the misappropriation or taking amounts to less than a value of one hundred dollars ($100.00), be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than six (6) months, or both.

(Ord. No. 8933, § 2, 6-14-89)
State law reference— Similar provisions, R.S. 14:67.9.


Sec. 13:67.10. Misdemeanor theft of goods.

(a)
Theft of goods is the misappropriation or taking of anything of a value of less than five hundred dollars ($500.00) which is held for sale by a merchant, either without the consent of the merchant to the misappropriation or taking, or by means of fraudulent conduct, practices or representations. An intent to deprive the merchant permanently of whatever may be the subject of the misappropriation or taking is essential and may be inferred when a person:
(1)
Intentionally conceals, on his person or otherwise, goods held for sale.
(2)
Alters or transfers any price marking reflecting the actual retail price of the goods.
(3)
Transfers goods from one container or package to another or places goods in any container, package, or wrapping in a manner to avoid detection.
(4)
Willfully causes the cash register or other sales recording device to reflect less than the actual retail price of the goods.
(5)
Removes any price marking with the intent to deceive the merchant as to the actual retail price of the goods.
(6)
Damages or consumes goods or property so as to render it unmerchantable.
(b)
Whoever commits the crime of misdemeanor theft of goods shall be imprisoned for not more than six (6) months or may be fined not more than five hundred dollars ($500.00), or both.
(Ord. No. 9718, § 1, 9-22-93; Ord. No. 15012, § 2, 10-27-10)
State law reference— Similar provisions, R.S. 14:67.10.
 

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