Theft and Shoplifting Lawyer in New Orleans

Is shoplifting its own crime in Louisiana?

No. Louisiana no longer has a separate shoplifting statute, so shoplifting is charged as theft under La. R.S. 14:67. The old "theft of goods" law was repealed in 2017, and store cases now use the same value tiers as any other theft.

Theft means taking or misappropriating something of value that belongs to someone else, without consent or by fraud, with the intent to permanently keep it from them. That definition covers a lot of ground, from a $40 item at a big box store in Metairie to money taken from an employer.

Larger, coordinated store cases can be charged as organized retail theft under a separate statute, R.S. 14:67.25. If that is your charge, the stakes are higher and you should talk to a lawyer right away.

What are the penalties for theft in Louisiana?

The penalty for theft in Louisiana depends mainly on the value of what was taken. Here is the ladder under R.S. 14:67:

Two details catch people off guard. First, prosecutors can add up several smaller thefts to reach a higher tier. Second, stealing a package delivered to someone's home carries the higher 2-year exposure even when it is worth under $1,000.

These are maximums, not automatic sentences. Many cases end with far less, especially for first offenses. Learn more about how charges are classified in our guide to felony vs. misdemeanor in Louisiana.

What kinds of theft charges do we defend?

We defend the full range of theft and property charges in Orleans, Jefferson and surrounding parishes, including:

• Retail theft and shoplifting. Accusations of leaving a store with merchandise without paying.
• Auto theft and unauthorized use. Stealing a vehicle, joyriding, or using a car without clear consent.
• Credit card theft or fraud. Using or holding someone else's card without permission.
• Burglary-related theft. Property taken during or after an unauthorized entry.
• Employee or workplace theft. Allegations of taking money, products or data from an employer. Larger cases may overlap with white collar charges like embezzlement.
• Identity theft and property fraud. Using false identities or documents to obtain money, benefits or property. Cases crossing state lines may become federal cases.

How do you fight a theft charge?

Most theft defenses attack one of two things: the value the State claims, or your intent. Both matter more than people expect.

Value. Because the dollar amount sets the penalty tier, the State's number deserves a hard look. Was the item priced at retail or at what it was actually worth? Were separate incidents added together correctly? Bringing a total just under $1,000 can be the difference between a misdemeanor and a felony.

Intent. The State must prove you meant to permanently deprive the owner of the property. A misunderstanding, a forgotten item in a cart, a belief that you had permission, or a mix-up over who owned something can all be real defenses.

We also look at the evidence itself. We review police reports, witness statements and store video, and we ask whether the stop, search and any questioning followed the law. As a former prosecutor, Barry Ranshi knows where theft cases tend to be weakest.

Will I have to pay restitution?

Often, yes. Paying back the value of the property, called restitution, is a common part of resolving a theft case, either as a condition of probation or as part of an agreement with the prosecutor.

Restitution can actually help you. Showing that you are ready to make the store or owner whole can support a request for diversion, a reduced charge or a deferred sentence. But how and when you offer it matters. Do not contact the store or the alleged victim yourself, and do not sign anything admitting fault before you talk to a lawyer.

If the amount the State is claiming is wrong, we challenge it. You should only pay for what the evidence actually supports.

Can a first theft charge be kept off my record?

In many cases, yes. Louisiana law gives first offenders several ways to avoid a lasting conviction, and a lawyer can push for the right one early.

• Pretrial diversion. Some prosecutors offer diversion for eligible first offenses. You complete conditions like classes or community service, and the charge may be dismissed.
• Article 894 (misdemeanor theft). The judge can defer or suspend the sentence and place you on probation for up to 2 years. If you complete it with no new convictions or pending charges, the conviction is set aside and dismissed.
• Article 893 (felony theft). For an eligible first felony, the judge can defer the sentence. After successful probation, the conviction is set aside and the prosecution dismissed, with the same effect as an acquittal.
• Expungement. After a set-aside, you can apply to expunge the record. If your case was dismissed or refused, you can usually apply once the case is over.

Read more in our guide to Article 893 and 894 set-asides and on our expungement page.

How will a theft charge affect a background check?

A theft conviction can show up on background checks and hurt your chances with employers, landlords and licensing boards. Many employers treat theft as a crime of dishonesty, which can matter more to them than the actual dollar amount.

An arrest record can appear even before your case is decided. That is one reason to act quickly and aim for an outcome that lets you clear your record later.

Keep in mind that expungement removes a record from public view, but it is not destroyed. Law enforcement, prosecutors and certain licensing agencies can still see it. If you hold or plan to apply for a professional license, tell us at your consultation so we can plan for that.

What happens in a Louisiana theft case, step by step?

1. Arrest or summons. Depending on the charge, you may be arrested or given a summons to appear in court. If you are arrested, you must see a judge within 72 hours, not counting weekends and holidays.
2. Formal charges. The prosecutor files a bill of information or obtains an indictment. If you are held in jail, this generally must happen within 30 days for a misdemeanor or 60 days for a felony.
3. Arraignment. You enter a plea, usually within 30 days of the formal charge. We walk you through what to say and what comes next.
4. Evidence and motions. We request police records and video, and we may file motions to suppress evidence or challenge the charge.
5. Negotiation or trial. Many theft cases resolve before trial through dismissal, a reduced charge or diversion. If yours goes to trial, we prepare thoroughly and fight for you in court.

Call (504) 905-8399 as early in this process as you can. The more time we have, the more options we can create.

Talk to a New Orleans theft defense lawyer today

Even if the facts are complicated, or you are not sure what happened, you still deserve a strong, honest defense. Our team includes two former prosecutors: Barry S. Ranshi, a former Orleans Parish Assistant District Attorney, and Patricio Ramos, a former prosecutor and U.S. Navy veteran who also handles theft cases.

We handle theft charges in the Orleans Parish Criminal District Court, the 24th Judicial District Court in Gretna, Jefferson Parish's parish courts and courts across Greater New Orleans. Call (504) 905-8399 any time, 24/7. Your first consultation is free, confidential and comes with no obligation.