Criminal Defense Lawyer in Louisiana

Criminal Defense: What Constitutes As Felony Theft In Louisiana

What Constitutes As Felony Theft In Louisiana

Each state has its own set of regulations and sanctions. Louisiana’s punishments are usually harsh, and they become even worse based on the value of the allegedly stolen things. Theft is defined in New York and other states as an effort to take and hold or sell another person’s property without their agreement.

When the stolen property reaches a value of more than $1,000, theft is charged as a felony. Theft is now a felony. If someone steals $1,000 or more, or if you steal $1,000 worth of property or commodities. A felony offense carries profound implications that can affect the offender’s entire life. If charged with felony theft, you should immediately contact a criminal defense attorney. You are entitled to a defense, so contact David E. Stanley, APLC, as soon as possible.

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What Constitutes As Felony Theft In Louisiana?

1. Additional Elements Often Matter

The circumstances surrounding the alleged crime might significantly impact the accusations. For example, the threat of violence and the individual’s criminal past — a repeat offender faces more serious charges than a first-time offender – are relevant considerations.

2. Legal Advice Is Critical

Because the possible penalties for a felony are so severe, it’s critical to speak with a knowledgeable criminal law attorney. These legal specialists can assist in defense of the accused’s rights. They can also ensure that you did not neglect essential elements of the case and that the charges were appropriate for the accused’s actions.

3. The Types Of Felony Theft

A felony theft charge is against you for a variety of reasons. The many categories are according to the circumstances of the crime. The following are examples of felony theft crimes:

● Theft

Grand theft is the illegal stealing of $1,000 or more in cash or property. It is distinct from ordinary theft in that it entails depriving another person of a substantial sum of money or goods worth more than the felony theft threshold ($1,000). However, grand theft has the same consequences as felony theft.

● Theft Auto

Criminal Defense Lawyer in Louisiana

It entails stealing another person’s vehicle to deprive them of it permanently. Because an automobile is such a valuable possession, auto theft is grand theft. Therefore, a felony theft charge imposes on anyone accused of grand auto theft.

● Theft

It is the thievery of another’s personal belongings. You will be prosecuted with felony theft if you attempt to remove another person’s private property worth $1,000 or more. Tangible physical property, crops, fixtures tied to the land, documents bearing legal claims, merchandise, and other items are all exposed to theft. In addition, if a servant takes possession of his master’s property or possessions, it is a sort of robbery that results in a felony theft accusation.

● Receiving Property That Is Stolen

You don’t have to steal directly or have the intent to steal to commit this form of theft. However, accepting or receiving stolen property that you know of, whether for use or sale, can result in felony theft charges. Receiving goods or items you know must have been stolen is enough to constitute you a felony thief. To be safe, you might want to double-check whenever you accept property from someone to ensure you aren’t getting anything stolen.

● Embezzlement

It is a heinous act of stealing funds entrusted to you. There must have been a fiduciary connection in which the criminal was charged with access to funds before felony theft could be embezzlement. The defendants, in this case, utilize the cash entrusted to them for personal benefit and use—embezzled funds diverted from the workplace for personal gain. If the amount stolen is $1,000 or more, it is considered criminal theft.

● Robbery

It entails using force, threat, or firearms to take another person’s property. Robbery is a crime that combines violence and stealing, and it has devastating repercussions.

4. Penalties For Felony Theft

Because the felony stolen amount is $1,000 or more, the perpetrator is subjected to harsh penalties. For example, suppose the quantity of money or value of the goods stolen is less than $5,000, and the criminal faces up to five years in prison. On the other hand, if the theft is worth more than $5,000 but less than $25,000, the perpetrator faces up to ten years in prison.

5. What To Do When Arrested For Felony Theft

Felony theft accusations are a severe matter that necessitates the assistance of an experienced, comprehensive, and rigorous criminal defense attorney. Therefore, if you have been charged with felony theft, you should immediately contact a criminal defense attorney to represent you in court. A qualified and experienced attorney, such as David E.Stanley, APLC, can make a big difference in the outcome of your case. Therefore, when you are charged with felony theft, you should first engage a qualified and experienced criminal defense attorney.

Frequently Asked Questions

When Does Theft Become a Felony?

Depriving another person permanently of his property is called theft. You are committing theft when you take another person’s valued property (money or an object) without their permission or through deception. Theft is any activity that deprives another individual of their property or money. Burglary, embezzlement, shoplifting, theft, robbery, or looting are all used to describe theft. Theft is either a felony or a misdemeanor. A felony offense is just a crime that is more serious and serious than a misdemeanor. A felony crime is more severe than a misdemeanor, which carries more significant penalties, such as the death penalty or incarceration.

What Level of Theft Constitutes a Felony?

The size of the theft is determined by the jurisdiction in which the offense is committed. Another consideration is the severity of the robbery. When a property theft occurs, the value of the stolen property determines whether the crime is a felony or a misdemeanor. For example, when a heist is between $500 and $1,000, it is a felony.

Are There Any Felony Theft Defenses?

Theft charges have several defenses accessible, just like any other offense. The reason will typically rely on the offense’s specific mitigating circumstances. However, the following are some of the possible theft defenses:
1. Mistake of fact
2. Mistake of law
3. Mistaken identity
4. Consent or authority to possess the item
5. Lack of intent
6. Lack of knowledge.
As previously said, you should verify your state’s laws about the crime you’ve been charged with to see if any of these defenses are available. But, again, a criminal defense attorney like David E. Stanley, APLC, can assist you in determining this and putting together a strong defense.

A Trusted Criminal Defense Attorney

Criminal Defense Lawyer in Louisiana

David E. Stanley, APLC, is a criminal defense lawyer who has handled numerous felony theft cases. You should contact the best theft defense attorney if you have such a case as soon as possible. David E. Stanley, APLC, aggressively defends his clients in court and makes every attempt to make a difference in each criminal case he handles. Speaking with him right now could make a significant impact on your situation. If charged with a misdemeanor or felony theft, contact David E. Stanley, APLC.

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A lawyer talks to a client about tax fraud

Top Five Ways Someone Can Commit Tax Fraud Without Meaning To

Filing your income taxes is a difficult task. You may make a mistake that benefits you without realizing it. Unfortunately for the IRS, these errors may appear to be tax fraud, a serious crime. Nobody wants to face felony charges and have to defend themselves in court due to a mistake.

The Internal Revenue Service takes filing a fraudulent tax return or another document seriously. Civil cases can be forwarded to criminal tax investigations if relevant material is discovered in the inquiry. Arrests and criminal prosecutions relating to taxes are possible outcomes. Criminal defense attorney David Stanley represents those accused of tax fraud who face life-altering criminal accusations. He is an experienced tax attorney with expertise in IRS investigations and tax law cases involving fraud allegations.

For Immediate Representation
Contact David E Stanley APLC
At 225-926-0200 Now!

Ways Someone Can Commit Tax Fraud Without Meaning To

Below are ways you could unintentionally trigger an IRS investigation into your taxes.

1. Forgetting To Report A Portion Of Your Earnings

On the W-2 form they obtained from their employer, many people report the amount of income they made. On the other hand, others have a diverse collection of income streams. When the time comes to file taxes, it’s easy to forget about cash income, such as tips, if it’s one of the sources of income you receive.

2. Inaccurate Non-cash Donation Appraisals

It is not difficult to keep track of monetary donations made to charitable organizations. However, donations of things other than money, such as clothes or a used car, are also eligible for tax breaks. The problem arises when you are unsure of the value of the contributions that have been made. If you claim a deduction for an amount that is significantly higher than what the item is worth, you may be committing tax fraud.

3. Deduction Errors

Filing up a U.S Individual Income Tax Return

Several deductions are available under Louisiana and federal tax law, including those for education and medical expenses. Therefore, an incorrect number might land you in legal trouble, even if it was an honest error.

4. Mixing Business And Personal Expenses

The distinction between company and personal spending is not always evident when you own a business. Deducting the incorrect amount on your taxes can lead to significant issues later.

5. Failure To File Tax Return

It is a criminal to purposefully fail to file an income tax return by the deadline (or to file for an extension). You may have missed the deadline by accident, but the IRS may still pursue you.

Frequently Asked Questions

What Are The Signs That Fraud Has Occurred?

The IRS has a track record of falsely accusing innocent taxpayers of tax fraud. In some cases, the IRS will open an inquiry because of seemingly innocuous circumstances, leading them to believe that criminal tax fraud has occurred. The IRS considers the following factors to be red flags for possible tax fraud:

1. Increases in net worth that aren’t explained
2. Personal spending that exceeds a taxpayer’s available resources
3. Unaccounted-for deposits into a bank account that significantly exceed the taxpayer’s stated income
4. Documents that appear to be forged, misrepresented, or tampered with

What Are The Consequences Of Tax Fraud?

Criminal tax fraud convictions carry severe penalties, including prison time and hefty fines. In addition, the prosecution can impose criminal penalties to punish the taxpayer and deter other taxpayers from committing fraud.

Why Is It Important To Hire A Tax Fraud Defense Lawyer?

Our tax fraud defense lawyer at David E Stanley APLC gives the guidance that our clients require. We recommend contacting our law office as soon as you are served with a Federal Grand Jury summons, an IRS summons for papers, or a visit from a special IRS agent. It would help if you waited to speak with a professional attorney before voluntarily submitting the IRS a statement. The IRS can and will use your information against you if your case goes to trial. For our clients, we develop a complete criminal defense strategy. Working with forensic accountants, other industry specialists, and professionals is a standard part of our strategy.

A Trusted Tax Fraud Defense Lawyer

A lawyer talks to a client about tax fraud

A tax fraud conviction can result in a prison sentence and significant financial fines. However, a tax defense attorney can represent you and possibly negotiate a settlement that allows you to avoid prison and have the charges dismissed.

Are you facing fraud charges? David E Stanley APLC can help. He is a renowned trial lawyer who devotes his practice to defending persons and businesses accused of significant or complex felony crimes and those seeking to overturn an unjust criminal conviction or disproportionate punishment. He is exceptionally dedicated and skilled in the area of federal criminal defense.

To Schedule An Appointment,
Contact David E Stanley APLC At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A man arrested at the police station

10 Ways Federal Offenses Can Affect Your Life

Getting convicted of a crime has a lot of adverse effects. First, the state could hold you in custody for some time. You will be required to settle the fines and court costs. Moreover, a criminal record will haunt you for the rest of your life.

When it comes to federal offenses, the consequences of a conviction can be exceptionally severe and challenging to overcome. Your criminal record will follow you around like a shadow. Only conviction and arrest records from within the state will be available to police in some states. Police in Ohio may be unaware of a prior offense in Alaska. On the other hand, a federal criminal record can follow you everywhere you go and may even limit your possibilities when you travel abroad in some situations.

If you have been convicted of a federal offense, you must seek legal advice as soon as possible. Attorney David E. Stanley has years of experience and the necessary knowledge to explain the ramifications of federal offenses to you. Contact him today for a no-obligation consultation!

Getting Back to Society After A Federal Offense?
Call David E. Stanley for Legal Advice
at 225-926-0200 Today!

10 Various Outcomes of a Criminal Record

It’s critical to do everything you can to lessen your risk of being prosecuted for a crime, not just to safeguard your freedom now but also to limit how a criminal record can come back to haunt you.

Yes, even a single criminal charge has the power to do so. So what are some implications of a federal criminal conviction after you’ve paid your obligation to society?

1. Job Opportunities

Even if you are acquitted, a criminal charge on your record can make it difficult to find a good job and limit your earning potential. In addition, in most situations, prospective employers have the legal right to do a background check on you and may refuse to hire you based on the results.

Employers may ask you directly if you’ve ever been charged with or convicted of a crime, including misdemeanors and felonies. It would be best to answer honestly, but you are not required to reveal arrests that resulted in no conviction or offenses later expunged from your record.

A hand dividing the mother and child's wooden figures into the father's wooden figure

2. Custody of a Child

A criminal record may limit your child custody rights, especially if the accusation includes domestic abuse or other violent activities. Even a misdemeanor might result in losing custody of your children, mainly if the crime involves family members.

3. Children Adoption

If you were convicted of a misdemeanor with a family member, you wouldn’t be able to adopt a child. You will also be unable to adopt if you have committed an alcohol-related crime.

4. Driving Privileges and Other Benefits

Depending on the gravity of the offense, anyone with a criminal record may lose their ability to drive. A criminal history involving alcohol or other drugs can result in a 180-day suspension of your driver’s license and require you to complete a 15-hour drug education course before regaining your driving privileges.

5. Weapons

You may lose your right to carry a handgun if you are convicted of a crime. This is likely if you have a felony or a Class A misdemeanor on your record. You will not be allowed a license to carry a firearm in such circumstances.

6. Immigration

A criminal record may prevent you from obtaining a green card, changing your immigrant status, or becoming a naturalized U.S citizen if you are a foreign national. In addition, you could lose your job and be deported even if the offense is minor.

7. Consequences of the Offense

Suppose you are charged with a new offense and already have a criminal record. In that case, your previous criminal history may result in more severe penalties if you are convicted and sentenced for the current crime.

8. Admission to a College

A criminal record with a minor offense might make it challenging to get into college or graduate school. This is determined by the policies of each institution or university. In addition, having a sexual or drug-related crime on your record can make it difficult to receive financial aid for college.

A group of new graduates gathers their diploma

9. Medical Licenses

Even if you have a misdemeanor conviction, you may be unable to obtain a healthcare license, such as a nurse’s license, if you have a criminal record.

10. Renting and Leasing

If you have a criminal on your record that occurred within a specified number of years, a landlord may refuse to rent his property to you. The elapsed period won’t matter if you’ve been convicted of a sex offense. The landlord can deny you.

Frequently Asked Questions:

Will I Ever Get a Job with a Criminal Record?

Yes, it is possible to get a job with a criminal record. Many employers hire people with criminal records. It depends on why you have a criminal record and what kind of job you seek if it makes a difference. However, getting a job unrelated to your previous conviction would be better.

Does a Criminal Record Affect Car Insurance?

Yes, having a criminal record can affect car insurance. A criminal record will raise the cost of your vehicle insurance, whether or not your conviction is related to driving. This is because insurers will think you are at a higher risk if you have a criminal record. This is because your insurance considers all convictions, including robbery and driving under the influence of alcohol or drugs.

How Is A Person’s Life Changed When Charged with a Crime?

A person charged with a crime may be psychologically affected. While the short-term consequences of crime might be devastating, most people do not experience long-term effects. However, people occasionally suffer long-term issues like depression or anxiety-related disorders. In addition, a small percentage of people experience a severe, long-lasting reaction to a crime, known as post-traumatic stress disorder (PTSD).

Criminal Defense Attorney Available

Having a reliable criminal defense attorney on your side is critical if you want to keep the charge off your record. Contact David E. Stanley, APLC, today if you live in Baton Rouge, LA. Mr. Stanley is an accomplished defense lawyer ready to assist you with your legal issues. For a free consultation, give us a call right now.

Looking for a Criminal Defense Attorney?
Call David E. Stanley
at 225-926-0200
Today!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Drugs Paraphernalia

Two Common Healthcare Fraud Accusations You Can Learn From

Healthcare fraud cases may include doctors billing insurance companies or the government for services that were never performed or were unneeded, which may have been hazardous to patients’ health. Pharmaceutical companies that misrepresent clinical studies to get dangerous pharmaceuticals licensed for general use are examples of corporations implicated in healthcare fraud.

The United States is the world’s largest financial victim of healthcare fraud. Therefore, more money available for healthcare in the United States undoubtedly means more potential for fraud and more money lost due to these unlawful activities.

Healthcare fraud encompasses a wide range of criminal activities. It also includes significant financial, physical, and social repercussions in modern industrial countries. For cases involving this type of fraud, contact David E. Stanley, APLC, an experienced lawyer handling cases concerning healthcare fraud.

Contact David E. Stanley for a Legal Consultation
Call 225-926-0200
 Now!

2 Healthcare Cases Louisiana Medical Professionals Were Accused Of

Case 1: Louisiana Physician Charged with Healthcare Fraud

You may reach Metairie by driving about an hour southeast of Baton Rouge. A 37-year-old chiropractor was accused of cheating a healthcare benefit program by submitting claims for chiropractic services that were never given. According to the Department of Justice, Benjamin Tekippe has been charged with health care fraud and aggravated identity theft.

Accused of False Statements

According to US prosecutors, in July of last year, Tekippe allegedly provided a “materially false, fake, and fraudulent statement” to FBI agents and other investigators. They further say that the chiropractor utilized his clients’ insurance identification numbers to bill for services he didn’t give without their approval.

Possible Punishments

Tekippe stands up to ten years in federal prison and three years of supervised release if convicted of healthcare fraud. If convicted of aggravated ID theft, he faces a potential term of 2 years (which would run concurrently with any other sentence). If convicted of lying to investigators, he faces a maximum penalty of 5 years, with up to 3 years of supervised release. For each infraction, he may face a punishment of up to $250,000.

Drugs

Case 2: Louisiana Doctor Charged with Opioid Prescriptions

Drive a few miles north of Metairie, across the Lake Pontchartrain Causeway (the world’s longest continuous bridge over water), to Slidell, where another health care practitioner is facing severe criminal charges.

According to prosecutors, Dr. Adrian Dexter Talbot was charged with delivering more than one million doses of illegal narcotics, including oxycodone and morphine. These opioids are generally safe pain medications when used for a short period and as directed by a doctor. Still, they can be overused since they generate euphoria and pain relief. Even when prescribed by a doctor, regular use can develop into dependence, and opioid pain medications, when misused, can lead to addiction, overdose events, and deaths.

Dr. Talbot was also accused of stealing more than $5 million from Medicare, Medicaid, and Blue Cross Blue Shield of Louisiana.

Cash for prescriptions?

According to prosecutors, Talbot allegedly ran and operated a medical clinic in Slidell that collected payment in exchange for opioid prescriptions. They also claim that the scam continued when Talbot obtained a full-time job in Pineville, Louisiana, in 2015, more than 250 miles northwest of Slidell. Talbot allegedly left pre-signed prescriptions for clinic customers even though he was no longer physically in Slidell and didn’t see or examine them.

He allegedly hired another physician for the Slidell clinic in 2016, who also pre-signed prescriptions. According to prosecutors, customers then used their insurance coverage to fill the prescriptions, cheating the insurers.

What the Future Could Hold
Talbot faces a maximum term of ten years in federal prison if convicted of healthcare fraud conspiracy. On the remaining accusations, he faces a maximum sentence of 20 years in prison for each conviction: conspiracy to distribute and dispense controlled substances, keeping drug-involved premises unlawfully, and four counts of unlawfully distributing and dispensing controlled substances.

“An indictment is only an accusation, and all defendants are presumed innocent unless proven in a court of law as guilty beyond a reasonable doubt,” the Department of Justice wrote at the bottom of the arrest notices.

Yes, it is correct. The doctor and chiropractor were charged but not found guilty. They have the right to choose their attorneys to represent them in court and to negotiate terms of sentence reductions in plea bargains.

Frequently Asked Questions:

What are Health Care Crimes?

Healthcare crimes encompass a wide range of criminal activities, including doctors billing insurance companies or the government for services never performed or unneeded and, in many cases, hazardous to patients’ health.

What is the Most Common Negligence Tort in Healthcare?

One of the most common forms of negligence tort in healthcare is incorrect medicine prescriptions or drug delivery. This can happen if a patient is given the wrong medication for their ailment, obtains medication from another patient, or is given an improper medication dosage.

What Are The Three Types of Malpractice?

The three types of malpractice are failure to make the proper diagnosis, birth injuries, and drug errors.

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Defense Attorney Available

Look for a private defense attorney specializing in criminal defense and practices in the jurisdiction where the accusations are pending. Choose criminal defense attorney David E. Stanley, ALPC. He is a distinguished trial lawyer in Baton Rouge who is familiar with local judges and prosecutors, dedicated to protecting your freedom.

Accused of a Medical Criminal Offense?
Call David E. Stanley, APLC Now
at 225-926-0200!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200