Burglary Defense Lawyer in Baton Rouge, Louisiana

Call 225-964-6720

Carl Barkemeyer, Criminal Defense Attorney, is a burglary defense lawyer in Baton Rouge, Louisiana. Louisiana law provides lengthy prison sentences for burglary cases. Burglary charges require an attorney that is highly skilled and experienced with these cases. There are many issues of proof invloved with burglary cases. Mr. Barkemeyer has extensively studied misidentification and has successfully tried many cases before a jury while asserting misidentification as the defense. If you are charged with any of the following crimes, you need serious legal representation.

What are the Different Types of Burglary?

Burglary and Robbery are different crimes altogether. Click here to learn the differences.

• Home Invasion:  Home invasion is 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, where a person is present, with the intent to use force or violence upon the person of another or to vandalize, deface, or damage the property of another.
   
• Simple Burglary(Auto Burglary): Simple burglary 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, other than as set forth in R.S. 14:60.
   
• Simple Burglary of a Pharmacy: the unauthorized entry of any building, warehouse, physician's office, hospital, pharmaceutical house, or other structure used in whole or in part for the sale, storage and/or dispensing of controlled dangerous substances, as defined in R.S. 40:961(7), with the intent to commit the theft of any drug which is defined as a controlled dangerous substance in R.S. 40:961(7) other than set forth in R.S. 14:60.
   
• Simple Burglary of an Inhabited Dwelling: is the unauthorized entry of any inhabited dwelling, house, apartment or other structure used in whole or in part as a home or place of abode by a person or persons with the intent to commit a felony or any theft therein, other than as set forth in Article 60.  
   
• Simple Burglary of a Religious Building: the unauthorized entering of any church, synagogue, mosque, or other building, structure, or place primarily used for religious worship or other religious purpose with the intent to commit a felony or any theft therein, other than as set forth in R.S. 14:60.
   
• Simple Burglary of a Law Enforcement or Emergency Vehicle: the unauthorized entering of any law enforcement or emergency vehicle with the intent to commit a felony or any theft therein. For the purposes of this Section, "law enforcement or emergency vehicle" means a marked vehicle with fully visual and audible warning signals operated by a fire department, a state, parish, or municipal police department, a sheriff's office, or such ambulances and emergency medical response vehicles certified by the Department of Health and Hospitals that are operated by certified ambulance services, and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the secretary of the Department of Transportation and Development, or by the chief of police of any incorporated municipality.
   
• Aggravated Burglary: the unauthorized entering of any inhabited dwelling, or of any structure, water craft, or movable where a person is present, with the intent to commit a felony or any theft therein, if the offender,
• (1)  Is armed with a dangerous weapon; or
• (2)  After entering arms himself with a dangerous weapon; or
• (3)  Commits a battery upon any person while in such place, or in entering or leaving such place.
  
   
• Unauthorized Entry of a Critical Infrastructure: the intentional entry by a person without authority into any structure or onto any premises, belonging to another, that constitutes in whole or in part a critical infrastructure that is completely enclosed by any type of physical barrier, including but not limited to:  (1) chemical manufacturing facilities; (2) refineries; (3) electrical power generating facilities; (4) water intake structures and water treatment facilities; (5) natural gas transmission compressor stations; (6) LNG terminals and storage facilities; and (7) transportation facilities, such as ports, railroad switching yards, and trucking terminals.
   
• Looting: the intentional entry by a person without authorization into any dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person, or any structure belonging to another and used in whole or in part as a place of business, or any vehicle, watercraft, building, plant, establishment, or other structure, movable or immovable, in which normal security of property is not present by virtue of a hurricane, flood, fire, act of God, or force majeure of any kind, or by virtue of a riot, mob, or other human agency, and the obtaining or exerting control over or damaging or removing property of the owner.
   
• Unauthorized Entry of a Dwelling During an Emergency or Disaster: the intentional entry by a person without authorization into any dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person when the dwelling or other structure is located in a parish where the governor has declared a disaster or emergency pursuant to the provisions of the Louisiana Homeland Security and Emergency Assistance and Disaster Act (R.S. 29:721 et seq.). (2)  The provisions of this Section shall not apply to the following: (a)  Any law enforcement or rescue personnel providing rescue or emergency disaster services.(b)  Any person entering a dwelling for the purposes of survival or awaiting evacuation or rescue within seventy-two hours of the occurrence of the disaster or emergency which resulted in the declaration of disaster or emergency.
   
• Unauthorized Entry of an Inhabited Dwelling: Unauthorized entry of an inhabited dwelling is the intentional entry by a person without authorization into 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.
   
• Unauthorized Entry of a Place of Business: Unauthorized entry of a place of business is the intentional entry by a person without authority into any structure or onto any premises, belonging to another, that is completely enclosed by any type of physical barrier that is at least six feet in height and used in whole or in part as a place of business.
   
• Criminal Trespass:

A.  No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.

B.  No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

C.  No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.

D.  It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.

E.  The following persons may enter or remain upon the structure, watercraft, movable or immovable property, of another:

• A duly commissioned law enforcement officer in the performance of his duties.

• Any firefighter, whether or not a member of a volunteer or other fire department, and any employee or agent of the Louisiana Department of Agriculture and Forestry engaged in locating and suppressing a fire.

• Emergency medical personnel engaged in the rendering of medical assistance to an individual.

• Any federal, state or local government employee, public utility employee or agent engaged in suppressing or dealing with an emergency that presents an imminent danger to human safety or health or to the environment.

• Any federal, state or local government employee, public utility employee or agent in the performance of his duties when otherwise authorized by law to enter or remain on immovable or movable property.

• Any person authorized by a court of law to enter or remain on immovable property.

• Any person exercising the mere right of passage to an enclosed estate, as otherwise provided by law.

F.  The following persons may enter or remain upon immovable property of another, unless specifically forbidden to do so by the owner or other person with authority, either orally or in writing:

• A professional land surveyor or his authorized personnel, engaged in the "Practice of Land Surveying", as defined in R.S. 37:682.

• A person, affiliate, employee, agent or contractor of any business which is regulated by the Louisiana Public Service Commission or by a local franchising authority or the Federal Communication Commission under the Cable Reregulation Act of 1992 or of a municipal or public utility, while acting in the course and scope of his employment or agency relating to the operation, repair, or maintenance of a facility, servitude or any property located on the immovable property which belongs to such a business.

• Any person making a delivery, soliciting, selling any product or service, conducting a survey or poll, a real estate licensee or other person who has a legitimate reason for making a delivery, conducting business or communicating with the owner, lessee, custodian or a resident of the immovable property, and who, immediately upon entry, seeks to make the delivery, to conduct business or to conduct the communication.

• An employee of the owner, lessee or custodian of the immovable property while performing his duties, functions and responsibilities in the course and scope of his employment.

• The owner of domestic livestock or his employees or agents while in the process of retrieving his domestic livestock that have escaped from an area fenced to retain such domestic livestock.

• The owner of a domestic animal while in the sole process of merely retrieving his domestic animal from immovable property and not having a firearm or other weapon on his person.

• Any candidate for political office or any person working on behalf of a candidate for a political office.

• The owner or occupant of a watercraft or vessel traveling in salt water engaged in any lawful purpose for the purpose of retrieval of his property or for obtaining assistance in an emergency situation.

• Entry on or Remaining in Places or on Land After Being Forbidden:  No person shall without authority go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any structure, watercraft, or any other movable, or immovable property, which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, after having been forbidden to do so, either orally or in writing, including by means of any sign hereinafter described, by any owner, lessee, or custodian of the property or by any other authorized person.  For the purposes of this Section, the above mentioned sign means a sign or signs posted on or in the structure, watercraft, or any other movable, or immovable property, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.
   
• Aiding and Abetting Others to Enter or Remain on Premises Where Forbidden:  No person shall incite, solicit, urge, encourage, exhort, instigate, or procure any other person to go into or upon or to remain in or upon any structure, watercraft, or any other movable which belongs to another, including public buildings and structures, ferries, and bridges, or any part, portion, or area thereof, knowing that such other person has been forbidden to go or remain there, either orally or in writing, including by means of any sign hereinafter described, by the owner, lessee, or custodian of the property or by any other authorized person.  For the purposes of this Section, the above mentioned sign means a sign or signs posted on or in the structure, watercraft or any other movable, including public buildings and structures, ferries and bridges, or part, portion or area thereof, at a place or places where such sign or signs may be reasonably expected to be seen.  B.  Any law enforcement officer investigating a complaint that the provisions of this Section are being or have been violated or any such officer making any arrest for violation of the provisions of this Section, is hereby vested with authority to require any person involved in such investigation or arrest to identify himself to such officer.  Upon demand of such officer, the person involved shall inform the officer of his true name and address.  

What are the penalties for burglary in Louisiana?

There are many different types of punishment for all the different types of burglary charges in the state of Louisiana. However, each penalty increases as the severity of the charge increases, leading to some pretty lengthy jail times and or fines to be paid. The penalties for simple burglary in Louisiana are as follows:

• 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.

This increase in punishment can be seen when comparing simple burglary to a more serious charge of aggravated burglary. The penalties for aggravated burglary in Louisiana are as follows:

• Whoever commits the crime of aggravated burglary shall be imprisoned at hard labor for not less than one nor more than thirty years.

All of these punishments can have a lasting effect on your quality of life and of those around you and should not be taken lightly, which is why it is important to defend your case in court.

How can we help?

We represent client charged with burglary in Baton Rouge, Louisiana. If you need a burglary defense lawyer in the Baton Rouge area of Louisiana, contact us as soon as possible. Carl Barkemeyer, criminal defense attorney is extremely experienced in defending burglary cases and has done so successfully for years. It is important to get help immediately so that a defense for your case can be crafted around your specific charges and so all the evidence and circumstances can be studied. We can help defend your case and provide legal assistance to help you attain the most positive outcome possible. Burglary charges are a very serious charge and should not be left unattended. The punishments can be devastating and will drastically hurt your future and future opportunities without the help of a defense lawyer by your side.

Contact Baton Rouge burglary lawyer Carl Barkemeyer, Criminal Defense Attorney, to discuss your case.