Under Louisiana law, simple burglary is defined as the “is 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 robbery, on the other hand, is defined as “the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon.” Both can be aggravated or have other enhancing factors that increase the possible penalties.
In simple terms, burglary involves the breaking into your property while robbery involves theft of your person using force. Robbery is considered a violent crime against another person because it involves the use of force.
|Value of Property||Charge||Punishment|
|Less than $1,000||Misdemeanor||0-6 months in jail, fine up to $1,000|
|$1,000 – $4,999||Felony||0-5 years in jail, fine up to $3,000|
|$5,000 – $24,999||Felony||0-10 years, fine up to $10,000|
|$25,000 or more||Felony||0-20 years, fine up to $50,000|
No. It is not necessary to enter a home by force to commit burglary. All that is required is that you entered without authorization with the intention to commit a felony or a misdemeanor theft.
- You were on probation at the time you were searched
- You were suspected of committing a felony and there was no time to obtain a warrant
- The officer saw you commit the crime.
- The evidence was in “plain view” from outside of your car or some other location