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What Constitutes Burglary In Louisiana?

Unlike robbery, burglary is usually a non-confrontational crime with rare cases of witnesses to the crime. Louisiana law terms burglary as an unauthorized entry into any structure with the intention to commit a felony or theft therein.


What Constitutes Burglary In Louisiana?
What Constitutes Burglary In Louisiana?

People charged with the intent to commit burglary could face felony charges and severe penalties such as restitution, fines, and jail time. That’s why we will summarize crucial laws surrounding the burglary offense and its possible penalties.


Burglary may occur in various forms constituting unauthorized entry with the intent to commit theft or felony. Some of the notable types of burglary offenses entailed in the Louisiana law include;


Simple Burglary


Under Louisiana law La. R.S. 14:60, Simple burglary is defined 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.


Simple Burglary of an Inhabited Dwelling


Simple Burglary of an Inhabited Dwelling, according to La. § R.S. 14:62.2, refers to the unauthorized entry of an inhabited dwelling house, apartment, or other structure used as a home or place of abode by a person or persons with the intent to commit a felony or theft.


Aggravated Burglary


Under Louisiana La. R.S. 16:60, Aggravated burglary is the unauthorized entry of any inhabited dwelling, or of any structure, watercraft, or movable where a person is present, with the intent to commit a felony or theft. The alleged offender falls under any of the following circumstances;

  1. 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 battery upon any person

Unauthorized Entry of a Critical Infrastructure


According to La. R.S. 14:61, unauthorized entry of critical infrastructure is the entrance, without authority, into any structure or a premise belonging to another party that constitutes a critical infrastructure and is completely enclosed by any type of physical barrier.


Critical infrastructure includes places like chemical manufacturing plants, pipeline systems, electrical transmission substations, oil refineries, ports, and water intake facilities.


Looting


Looting is the intentional entry of a dwelling or structure belonging to another party, used in whole or in part, as a home or place of abode or place of business. La. R.S. 14:62.5 notes that the entrance must be made without authorization when normal property security is not present due to the presence of a hurricane, flood, fire, or force majeure of any kind.


Home Invasion


Home invasion as per La. R.S. 14:62.8 refers to the unauthorized entering of any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person with the intent to use force or violence upon a person to vandalize, deface, or damage the property of another.


What Are Criminal Fines and Jail Time for Burglary?


Offenders convicted of proven burglary offenses are culpable depending on the nature of the burglary. Punishments for various forms of burglary are as follows;


Simple Burglary


Under Louisiana Revised Statutes Section 14:62, whoever commits the crime of simple burglary shall be fined not more than two thousand dollars, imprisoned with or without hard labor for not more than twelve years, or both.


In the same Subsection, the offender may be further sentenced if they were armed. “If the offender, while committing the crime of simple burglary, is armed with a firearm or, after entering, arms himself with or possesses a firearm, the offender shall be imprisoned with or without hard labor for not less than three nor more than twelve years.


Aggravated Burglary


Under La. R.S. 14:60, whoever commits the crime of aggravated burglary shall be imprisoned at hard labor for not less than one nor more than thirty years.


Simple Burglary of an Inhabited Dwelling


La R.S. 14:16.2 (B) states that whoever commits the crime of simple burglary of an inhabited dwelling shall be imprisoned at hard labor for not less than one year nor more than 12 years.


Home Invasion


With the fact that a home invasion is a common form of burglary, La. R.S 62.8 states that whoever commits the crime of home invasion shall be fined not more than $5,000 and shall be imprisoned at hard labor for no less than one year nor more than 30 years.


Unauthorized Entry of a Critical Infrastructure


Offenders who commit unauthorized entry into a critical infrastructure will be punished with a sentence of imprisonment with or without hard labor, for up to 5 years and/ or a fine of up to $ 1,000, or both.


Looting


Those persons convicted of looting may face a sentence of imprisonment at hard labor for up to 15 years and/ or a fine of up to $10,000. Looting crimes committed during a state of emergency declared by a governor or C.E.O. of any parish is punishable by a minimum fine of $5,000 up to $10,000 and/or imprisonment at hard labor for a minimum of 3-15 years.


Legal Support


In scenarios where you or loved one is facing burglary charges in Louisiana, a criminal defense attorneys can offer legal counsel and support.


Contact Us Today


Gaynell Williams LLC Attorney at Law offers a free initial consultation to discuss your case. The first consultation can be in person or it can be virtual, on the Internet. Call Gaynell Williams today at (504) 302-2462 for a free consultation as soon as possible. We will work around your schedule. New Orleans lawyers Gaynell Williams LLC Attorney at Law have offices in Gretna and Downtown New Orleans by appointment only.


This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.


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