There are three main types of illegal activity under Louisiana state law. There are minor legal violations, like traffic infractions, that may only result in a citation.
Then, there are misdemeanor offenses. These are crimes that clearly violate state statutes. Misdemeanor offenses can lead to incarceration in addition to financial penalties and produce a criminal record. Finally, there are felony offenses. Felony crimes include the most serious criminal offenses, such as crimes that result in human injury.
Some types of crimes in Louisiana can be either misdemeanors or felonies depending on the situation. For example, theft can be either a misdemeanor or a felony. What is the difference between misdemeanor and felony theft in Louisiana?
Several factors influence charge severity
State prosecutors reviewing theft allegations look at several factors when deciding what type of charge to pursue. In many cases, the first consideration is the financial impact of the crime. Beyond that, the criminal record of the defendant is another important factor.
The total value of the stolen property is a top consideration, especially in first-time theft cases. When the value of the assets involved is less than $1,000, then the state is likely to pursue misdemeanor charges for someone facing their first theft charge. Once the value of the assets stolen reaches $1,000, then felony charges are likely even for a first offense.
The prior criminal record of the defendant is also a key factor. Those accused of a second or subsequent theft offense could face felony charges even if the property is worth less than $1,000. Aggravating factors that endanger other people could also lead to felony charges.
If the theft involves a home invasion, then felony charges are likely. The same is true in cases involving robbery, especially with a weapon. The use of violence or threats can impact the charges the state pursues.
Both misdemeanor and felony theft offenses require a careful response in criminal court. While misdemeanor offenses carry lower penalties, they pave the way for a felony theft offense in the future.
Fighting back against theft allegations can help people avoid jail time, fines and criminal records. Defendants who understand the basic rules that apply to theft offenses may recognize the importance of having the right assistance when they face charges.
