A wrongful allegation of property crime can disrupt your life in an instant. Suddenly, you’re facing potential charges for something you didn’t do—along with the fear, confusion, and damage to your reputation that comes with it.
What to Consider When Hiring an Armed Robbery Defense Attorney
An armed robbery defense attorney represents individuals facing charges related to armed robbery. This offense involves taking something of value from another person through force, intimidation, or threats while possessing a weapon, either real or perceived.
Robbery: What Role Does a Lawyer Play in Such Cases?
Robbery occurs when a person unlawfully takes another’s property using force, intimidation, or threats. In Louisiana, authorities categorize robbery as a felony and classify it as a violent crime due to the use or threat of force.
Armed Robbery Attorney Baton Rouge LA
In Louisiana, a person is guilty of armed robbery if they possess or use a deadly weapon while forcibly stealing property or immediately fleeing the scene of the theft. Armed robbery falls under the broader category of first-degree robbery, which is a class B felony and carries a maximum 25-year prison sentence. While these charges are severe, our experienced Baton Rouge criminal defense attorneys are prepared to help you understand and defend against them.
These are examples of “deadly weapons:”
Switchblades, daggers, blackjacks, plastic or metal knuckles, any type of gravity, pilum ballistic, metal knuckle knife; loaded weapons from which a shot can cause serious injury or death.
The use of a deadly weapon during a robbery imposes a mandatory minimum of five years in state prison upon conviction. Because the charges and potential sentence upon conviction are severe, contact our experienced Baton Rouge criminal defense attorneys immediately for assistance in obtaining the best possible outcome for your case.
Keep in mind that no actual injury must occur during the robbery for these charges to be brought; it is sufficient that the robber possesses one of the above-mentioned weapons. Even if the weapon was never used, for example, if the robber held an unsheathed switchblade but never used it for anything, not even to threaten anyone, they could still be charged with armed robbery. Note that even if no weapon was used during the robbery itself, a person can still be charged with armed robbery if they are armed or become armed as they leave the area where the robbery took place.
However, you still have options if you have been charged with attempted robbery. Our team of experienced criminal defense attorneys may be able to apply certain defenses to these charges, such as filing a motion to dismiss the charges or having the evidence suppressed, despite the gravity of the allegations. Additionally, the evidence must demonstrate that the weapon was present during or during the process of fleeing the crime scene.
Previous cases have demonstrated that the presence of a note suggesting or stating that the robber is armed is insufficient evidence to convict a person of armed robbery. In this argument, it is asserted that more extensive evidence of the existence of a weapon is required, such as a witness having seen the weapon or video or photographic evidence of the weapon’s existence during or after the robbery.
If you have been charged with armed robbery, contact our team of seasoned Baton Rouge criminal defense attorneys immediately to discuss possible defense strategies. Our team is prepared to collaborate with you to determine the optimal course of action for achieving the best possible outcome in your case.
Armed robbery is a serious offense that can result in significant prison time if convicted. If you have been charged with armed robbery, it is essential to hire an experienced criminal defense attorney who can protect your rights and fight for the best possible outcome in your case. David E. Stanley is a criminal justice attorney in Baton Rouge, Louisiana, who has extensive experience handling armed robbery cases. He will thoroughly investigate the facts of your case and work tirelessly to develop a strong defense strategy. Additionally, he will make sure that you understand all of your legal options so that you can make informed decisions about your case. Contact David E. Stanley today to schedule a consultation to discuss your case.
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David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
Criminal Defense: What Constitutes As Felony Theft In Louisiana
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.
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
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
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.
Need a Criminal Defense Attorney in Baton Rouge, LA?
David E. Stanley, APLC – Criminal Defense Attorney, Baton Rouge
1055 Laurel St #2, Baton Rouge, LA 70802
225-926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
Five Different Felony Property Crimes You Should Know About
Felony property crimes are the most severe property crimes one can commit. They can range from causing property damage to stealing something. Theft of cash, on the other hand, is the most common. Unfortunately, only around 18% of theft crimes are filed as charges. So first, we’ll go through some property crimes and what to expect when charged with one.
Anyone accused of felony property offenses will need to prepare a defense. You might face prison time and hefty fines and penalties if convicted of these offenses. If you think you are involved in any felony property crime, you can turn to David E. Stanley for the best advice to tackle them.
Do You Need Legal Advice?
Call David E. Stanley, APLC, at 225-926-0200 Today!
Five Different Felony Property Crimes
Arson
The intentional and malicious burning or charring of property is classified as arson. While most arson crimes involve the destruction of structures, a person could also set fire to forest land or a boat. Arson is frequently used to conceal evidence of other crimes, such as insurance fraud or domestic abuse. Arson crimes often involve malicious intent as a distinctive sign of criminal conduct. Arsonists must be registered with the Louisiana Arson Registry.Financial Crimes and Fraud involving Property
Fraud and financial crimes are types of theft/larceny in which someone or something obtains money or property and uses it illegally to profit from it. These crimes differ from ordinary theft and robbery because of deception, fraud, or the misuse of a position of trust. Fraud and financial crimes can take various shapes in today’s challenging economy. Fraud can cover many concerns, from insurance fraud to deceptive sales to homeowners. For example, allegations of fraud might range from filing a bogus insurance claim to selling an item and never delivering it after receiving payment.
Property Theft and Burglary
Any unauthorized entry into another person’s home, watercraft, car, cemetery, or other location to commit a crime is considered simple burglary. A simple felony can result in fines of up to $2,000 and a jail sentence of up to 12 years.
Burglary is the illegal entry into any structure (not just a home or company) to commit any crime (not just theft or robbery) within. There is no need for a physical break-in; the criminal can trespass through an open door. In contrast to robbery, which involves using force or terror to gain another person’s property, a burglary typically occurs without the presence of a victim.
Burglary has been a crime for hundreds of years. Although it originated in common law, states have adopted the basic concept of burglary into their criminal laws, albeit with minor variations. Burglary laws were created to defend people’s homes and prevent violence, not to keep them safe from theft. Other laws make it illegal to take property; burglary laws, on the other hand, are intended to protect homeowners from dangerous encounters with burglars in their homes.
Robbery
Robbery is theft committed with the use of violence or the threat of violence. Unlike theft and burglary, robbery nearly invariably necessitates the presence of a victim threatened with bodily harm. The theft may be charged as “armed” or “aggravated” if a weapon is used or the victim is injured.
Vandalism
Vandalism laws intend to prevent behavior that has the potential to cost states millions of dollars in clean-up costs each year, as well as cause psychological or emotional harm to property owners. When someone defaces, modifies, or destroys another person’s property, they may be obliged to clean up, restore, or replace the damaged property or face criminal consequences such as jail time, fines, or both.
What To Do if Charged with a Felony Property Crime?
If you face felony offense charges, you must understand your legal rights and create a strong defense. Felony offenses are often punishable by hefty fines and penalties, as well as the possibility of being imprisoned for a year or more.
You have a Legal Right to be Represented
If facing a felony charge, your first concern should be to avoid saying or doing anything that will aid the prosecution’s case. Staying silent and not saying anything unless you completely grasp your legal rights is the most significant way to defend your interests. To protect yourself, remember that you have a right to an attorney and that you should discover more about the specific claims so that you may start preparing a defense against the charges you may face.
Frequently Asked Questions:
What is an Example of a Crime Against Property?
Burglary, motor vehicle theft, theft, arson, vandalism, and shoplifting are all examples of crimes against property.
What are the Major Offenses Against Property?
Theft, fraud, deception, and making off without paying are the most common property crimes, as are criminal damage, arson, forgeries, and forceful entrance. However, some property crimes, such as burglary, robbery, and blackmail, may also include components of crimes against people.
What is the Lowest Sentence for a Felony?
In general, felony offenses, whether state or federal, have a one-year minimum term. Federal felony offenses are classified into four categories, with escalating potential penalties based on the seriousness of the crime: Class “E” felonies are the least serious and can result in a prison sentence of up to three years.
Reliable Criminal Defense Attorney
Since 1983, David Stanley has successfully practiced criminal law from his Baton Rouge office. He is a well-known trial lawyer who focuses his practice on defending individuals and businesses charged with severe or complex felonies and those seeking to overturn an unjust criminal conviction or disproportionate punishment. He is mainly dedicated and experienced in the field of federal criminal defense.
Schedule a Consultation with David E. Stanley, APLC,
Criminal Defense Attorney!
Call 225-926-0200 Today!
David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.