Facing shoplifting charges in Louisiana can have serious repercussions, especially when the stolen items hold significant value. This common offense sees daily prosecutions, making it critical to understand the potential impact on your life. Representing yourself in such cases is risky, considering the high stakes involved. To understand the complexities of shoplifting laws, seeking legal assistance is essential, as it can significantly influence the case’s outcome.
Louisiana’s shoplifting laws are subject to regular changes. This is where John D. & Eric G. Johnson Law Firm can help – we are here to ensure that your rights are protected and that you have the best chance for reduced charges.
The Definition of Shoplifting Under Louisiana
Under RS 14:67.10 of the Louisiana Criminal Code, shoplifting is considered “theft of goods.” This offense occurs when someone intentionally takes possession of merchandise from a store without paying for it or without the intention to pay for it.
Distinct from other types of theft, shoplifting specifically involves targeting an establishment that sells goods, with the individual attempting to deceive the merchant. It’s important to note that stealing merchandise from an employer is internal theft, not shoplifting. Similarly, holding a cashier at gunpoint to empty the register falls under the category of robbery.
Consequences of Shoplifting in Louisiana
The severity of shoplifting charges and potential penalties depend on the circumstances, the individual’s criminal history, and the value of the merchandise stolen. Louisiana law identifies shoplifting penalties as follows:
- Valued Under $500 | Misdemeanor Shoplifting: Up to six months of jail time and up to $500 in fines. If the alleged offender has two or more prior offenses, penalties increase to two years in prison and up to $1,000 in fines.
- Valued $500 to $1,500 | Felony Shoplifting: Up to five years in prison and up to $2,000 in fines.
- Valued over $1,500 | Felony Shoplifting: Up to 10 years in prison and up to $3,000 in fines.
Shoplifters may also be required to pay civil damages to the store owner, which can be in addition to any criminal fines ordered by the court.
The Prosecution Must Prove the Intent to Deprive
An important aspect of a shoplifting case revolves around establishing the intent to deprive. The prosecution typically relies on the defendant’s actions, like concealing an item, to substantiate the claim that there was a deliberate intention to deny the rightful owner access to the item being taken. Other actions that may demonstrate the intent to deprive include:
- Adjusting or removing price tags from an item
- Damaging goods so they’re unsellable
- Under-ringing or causing the cashier to charge less
Under-ringing is a theft crime that employees at retail stores may face. For example, an employer may accuse an employee of ringing an item at a lower price, requesting payment for the total amount, and then keeping the extra money.
How Louisiana Laws View Juvenile Offenders
Louisiana has specific laws for dealing with juvenile shoplifters. Individuals under 18 are charged in Juvenile Court and encounter different legal processes and penalties than adult offenders. The primary distinction in how prosecutors deal with juvenile offenders is that the goal is rehabilitation, not punishment. Instead of jail time, minors convicted of shoplifting may have to perform community service or commit to a diversion program.
Another difference is that minors don’t have the right to a jury. An experienced shoplifting defense attorney can explain other key distinctions of a trial in Juvenile Court and work to negotiate the best possible result.
Talk to a Skilled Louisiana Shoplifting Defense Lawyer Today
Being accused of shoplifting is a serious matter in Louisiana. Whether you find yourself charged for the first time or as a repeat offender, seeking guidance from a seasoned shoplifting defense lawyer can significantly improve your case’s chances of a positive outcome.
The Louisiana shoplifting lawyers at John D. & Eric G. Johnson Law Firm have over 20 years of experience putting together strategic defenses. We can use that knowledge to your advantage, helping reduce penalties or potentially dismiss your charges altogether. To get legal advice tailored to your situation, contact us today at (318) 377-1555 or by completing our contact form for a free consultation.
