A first felony theft conviction in Louisiana carries up to five, ten, or twenty years in prison depending on the value of what was taken, plus fines that range up to $50,000. Under Louisiana Revised Statutes 14:67, the felony line sits at $1,000, and the statute splits felony theft into three tiers. Because theft is not classified as a crime of violence, probation and suspended sentences are available for a first offense, but the conviction itself still triggers a federal firearm ban, potential immigration consequences, and a permanent entry on background checks.
When Theft Becomes a Felony
Louisiana defines theft as taking or misappropriating something of value that belongs to someone else, either without consent or through fraud, with the intent to permanently keep it from the owner.1Louisiana State Legislature. Louisiana Revised Statutes Title 14 – 67 Theft The intent to permanently deprive is not a technicality. Borrowing a car without permission and returning it is illegal, but it doesn’t fit the theft statute.
The misdemeanor–felony line is $1,000. Below that, you face up to six months in jail and a $1,000 fine. At $1,000 or more, you’re in felony territory.1Louisiana State Legislature. Louisiana Revised Statutes Title 14 – 67 Theft Courts measure value by the property’s fair market value at the time and place of the theft, which is why appraisals matter when the amount is close to a threshold.
One rule catches many first-time defendants off guard: prosecutors can aggregate multiple separate takings. Three shoplifting incidents at $400 each from the same store can be combined into a single felony charge.1Louisiana State Legislature. Louisiana Revised Statutes Title 14 – 67 Theft What felt like minor incidents can become one felony count.
The Three Felony Theft Tiers
The statute assigns a maximum prison term and a maximum fine to each value bracket. The word “or” between prison and fine gives the judge discretion to impose one, the other, or both.1Louisiana State Legislature. Louisiana Revised Statutes Title 14 – 67 Theft
- $1,000 to less than $5,000: up to five years in prison, with or without hard labor, and a fine of up to $3,000.
- $5,000 to less than $25,000: up to ten years in prison, with or without hard labor, and a fine of up to $10,000.
- $25,000 or more: up to twenty years at hard labor and a fine of up to $50,000. Hard labor is mandatory in this tier.
For a first offense, judges have meaningful room to move within these ranges. Higher tiers almost always involve some incarceration in practice, but the lower tier is where fines, probation, or split sentences most often come into play.
One additional rule applies to retail theft. If a store employee is assaulted during the theft, at least fifteen days of the sentence must be served without probation or suspension.1Louisiana State Legislature. Louisiana Revised Statutes Title 14 – 67 Theft
Restitution Comes on Top
Restitution is not optional. Whenever the victim suffered an actual financial loss, the court “shall” order restitution.2Louisiana State Legislature. Louisiana Code of Criminal Procedure Art. 883.2 – Restitution to Victim It covers the fair market value of the stolen property plus related costs the victim absorbed, such as replacing locks or repairing damage.
If the court places you on probation, restitution becomes a mandatory condition of that probation, capped at the victim’s actual loss and set at a specific dollar amount.3Louisiana State Legislature. Louisiana Code of Criminal Procedure Art. 895.1 – Probation; Restitution; Judgment for Restitution; Fees Missing restitution payments can trigger a probation violation. The full financial exposure from a felony theft conviction usually combines the statutory fine, restitution, court costs, and attorney fees.
Probation and Deferred Sentences for a First Offense
Felony theft is not a crime of violence, and that matters for a first-time defendant. For a first, second, or third noncapital felony conviction, the court can suspend all or part of the sentence and place you on probation if it decides doing so serves the public interest.4FindLaw. Louisiana Code of Criminal Procedure Art. 893 Probation in felony cases cannot exceed five years.
The most valuable option for many first-time defendants is a deferred sentence under Article 893. If the court defers your sentence and you complete probation successfully, the conviction can later be set aside. That is one of the clearest paths to cleaning up your record after a felony theft charge, and it becomes much harder to access once the sentence has started being served.
Stolen a Firearm? Different Rules Apply
Firearm theft is not covered by the ordinary tiers above. It is a separate offense that is always a felony regardless of the gun’s value, with mandatory minimums and no eligibility for probation, parole, or suspension of sentence. A first offense carries two to ten years in prison, with or without hard labor, and a mandatory $1,000 fine. The statute covers shotguns, rifles, pistols, revolvers, and other handguns.5Justia Law. Louisiana Revised Statutes 14-67.15 – Theft of a Firearm Prison time is guaranteed here in a way it is not for ordinary theft.
What the Conviction Does Beyond the Sentence
The sentence handed down in court is only part of the picture. A first felony theft conviction carries collateral consequences that can follow you long after the case closes.
Federal Firearm Ban
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition.6Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Every tier of Louisiana felony theft crosses that threshold. The ban is permanent under federal law and applies nationwide. Violating it is itself a separate federal felony.
Immigration Consequences
For noncitizens, the stakes are especially high. Theft with intent to permanently deprive the owner is a crime involving moral turpitude for immigration purposes, and any theft conviction carrying a sentence of one year or more qualifies as an aggravated felony under the Immigration and Nationality Act.7Cornell Law Institute. 8 USC 1101(a)(43) – Aggravated Felony Definition An aggravated felony classification triggers mandatory deportation with almost no relief available. Because even the lowest Louisiana felony theft tier carries up to five years, a sentence of just twelve months on a single count would cross that line. Defense attorneys handling cases involving noncitizens often negotiate specifically to keep any single count below one year for this reason.
Employment and Background Checks
Federal law places no expiration date on criminal convictions in background reports. The Fair Credit Reporting Act limits how long some negative information can be reported, but felony convictions are exempt. An employer running a background check twenty years from now can still see the conviction. Louisiana does not have a statewide ban-the-box law for private employers. Professional licensing boards in healthcare, finance, education, and law scrutinize theft convictions closely because the offense suggests a risk of financial misconduct.
Voting
You cannot vote while incarcerated for a felony in Louisiana. Voting rights return once you complete your sentence, and Louisiana’s five-year rule lets you register while still on supervision if you have not been incarcerated for at least five years. You will need to re-register in either case.
Defenses Worth Raising
The intent element is often the softest spot in the prosecution’s case. Louisiana requires proof that you intended to permanently deprive the owner of the property.1Louisiana State Legislature. Louisiana Revised Statutes Title 14 – 67 Theft If you planned to return the property, or genuinely believed you had a right to take it, the case has a gap. This defense appears often in disputes between business partners, family members, or anyone with a plausible claim of ownership.
Mistake of fact works on the same principle. An honest belief that the property was yours, or that the owner consented, can defeat the charge even if the belief was mistaken. Courts evaluate whether the belief was reasonable under the circumstances.
Fighting the valuation is another practical defense, especially when the alleged value sits near a threshold. Moving the number from $1,100 to $900 drops the charge from felony to misdemeanor. Appraisals, depreciation evidence, and comparable sales are the usual tools.
Entrapment is a narrow defense. It requires showing that both the idea and the motivation came from law enforcement, not just the opportunity. Sting operations that merely provide an opportunity generally don’t qualify.
Clearing the Record Later
Louisiana allows expungement of felony theft convictions, but the wait is long. The standard path requires ten years to pass after you complete your entire sentence, including probation and parole, with no other convictions during that decade. If the court deferred sentencing under Article 893 and you completed probation, you become eligible sooner because the conviction is set aside. A First Offender Pardon also opens the door.
Felony theft is not on the list of offenses that are permanently ineligible for expungement. That list is reserved for crimes of violence, sex offenses, certain drug distribution charges, and felony domestic abuse battery. Expungement doesn’t erase the conviction from every record, but it removes it from public background checks and lets you legally deny the conviction in most employment contexts. The process requires a motion in the convicting court, filing fees, and a hearing.