Often misunderstood, burglary and robbery charges are not the same. There are different kinds of burglary and robbery crimes in Louisiana, and the penalties and consequences differ depending on the charges you face. A lawyer can help you evaluate the important details in your case and the best way to combat the charges against you.
At John D. and Eric G. Johnson Law Firm, our attorneys are experienced in criminal law and work to help our clients understand their charges and what the best options are in any case. Below we’ve listed some information about the difference between burglary and robbery in Louisiana and how our legal team can help you.
Understanding Burglary Charges
There are different kinds of burglary, and consequences differ for each one. Burglary is not defined as breaking and entering, a common misconception. Simple burglary and aggravated burglary are different from each other in that aggravated burglary can involve a dangerous weapon and committing battery in addition to the burglary charges. When someone is charged with burglary, they face felony charges that are not limited to theft but can be considered the intention to commit any felony when entering someone else’s property.
Simple burglary is defined by Louisiana statute RS 14:62 as:
“…the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein, other than as set forth in R.S. 14:60…”
Aggravated burglary, listed in Louisiana statute RS 14:60, is also defined as the unauthorized entry of any dwelling, but
“…where a person is present, with the intent to commit a felony or any theft therein, under any of the following circumstances:
(1) If the offender is armed with a dangerous weapon.
(2) If, after entering, the offender arms himself with a dangerous weapon.
(3) If the offender commits a battery upon any person while in such place, or in entering or leaving such place…”
Burglary most often occurs when no witnesses are present, and there is room for false testimony or accusations. When you are facing charges for any acts of burglary, having a skilled and experienced lawyer on your side can help you fight the charges and consequences you face as a result of the crime you are accused of.
What Are the Penalties for Burglary?
There are different types of burglary and crimes related to theft. Burglary involves entering a place without permission with the intent to commit a felony, and aggravated burglary is a more severe charge because it consists of the use of a weapon and often committing battery against the person in that place. Since the severity of these crimes differs, the felonies and penalties vary in severity.
- Simple Burglary: Pays a fine of up to $2000 and faces jail time for up to twelve years
- Simple Burglary involving a Firearm: Faces imprisonment from three to twelve years
- Aggravated Burglary: Imprisonment from one to thirty years
Burglary laws are not limited to simple and aggravated charges. There are also other laws and consequences for commercial burglary, residential burglary, and burglary when entering a vehicle and other crafts. If you are facing burglary charges, hiring a skilled legal team can help you face the charges and combat your record’s damage. No matter what your case looks like, it’s essential to know your rights and have a legal team by your side that cares for your future.
Understanding Robbery Charges
Compared to burglary, robbery has a more evident intention of harm on another person in addition to the attempt to steal. There are different types of robbery with varying degrees and individual penalties for those who face these criminal charges.
Simple robbery in Louisiana entails using force and intimidation on a person to steal their items without using a weapon. The charges are not as severe as armed robbery because it does not involve using a dangerous weapon. However, simple robbery charges are a felony and have severe penalties. As stated in Louisiana statute 14:65, when facing simple robbery charges, those convicted will pay fines up to $3000 or be imprisoned for up to seven years, or both.
When facing armed robbery charges, the individual is accused of taking anything of value from another person with force, intimidation, and armed with a dangerous weapon. These charges count as a felony on your record, and in addition to the penalties you are facing, they can make it difficult for many to find employment. Found in statute 14:64, the convicted will face imprisonment from 10 to 99 years without benefit of parole, probation, or suspension of their sentence.
First Degree Robbery
Unlike armed robbery, the first degree is considered using force and intimidation to steal anything of value from an individual while making them believe you are armed with a weapon. Although not considered as severe as armed robbery, this is still a crime of violence under Louisiana’s law. In statute 14:64.1, the penalties for this crime are imprisonment from 3 to 40 years without the possibility of parole, probation, or sentence suspension.
Second Degree Robbery
In second-degree robbery charges, the offender is in control of and has taken anything of value from the victim while also intentionally inflicting serious bodily injury when doing so. This is considered a criminal act of violence in Louisiana and is a felony. Found in statute 14:64.4, the penalties for a second-degree robbery are imprisonment for three to forty years.
How Can a Lawyer Help Me When I’m Facing Burglary or Robbery Charges?
It is intimidating to be facing criminal charges for burglarizing or committing robbery. The penalties for both crimes depend on the extent and severity, often ending with fines and jail time for the convicted. Having an experienced lawyer on your side in a courtroom can help you put your best foot forward.
When it comes to burglary and robbery, every case is different. It depends on whether the convicted have any previous crimes on their record, if anyone is injured because they are committing these crimes, the severity of the victim’s injuries, and if a weapon was involved. The value of property stolen and other factors also determine the penalties for these crimes. A Shreveport criminal defense attorney can help you fight the charges you face.
Contact John D. & Eric G. Johnson Law Firm for an Experienced Criminal Defense Attorney
At John D. & Eric G. Johnson Law Firm, our criminal defense attorney Eric G. Johnson is here to help you in Louisiana. Our team is dedicated to helping our clients and their future. If you face burglary or robbery charges, Reach out to our legal team using our contact form or call our office at (318) 377-1555 to schedule your free consultation.