Hurricane Season is warming up, we must remember our basic hurricane prep reminders. For many in New Orleans, the word hurricane indicates a season – not something to be scared of. Evacuating your home and business is common for Category 3+ storms and potential flooding waters increases the number of families and businesses who choose to leave the city. As we are aware of the desolate state the city is left in during hurricanes, we are also reminded of the looting that occurs during and/or post hurricane damage. Looting is the act of stealing goods from a place during an act of war, rioting, or, in this case, natural disasters.
For the most part, looting is a crime and one can get arrested for stealing from others. On the other hand, natural disasters are just what they infer: disasters. And, during a disaster, you might find yourself in unpredictable situations that call for unpredictable acts in order to save your life. Did this happen during Hurricane Katrina in 2005 or even Hurricane Isaac in 2012? In 2012, Superstorm Sandy devastated parts of New Jersey and New York – two states that aren’t used to preparing for a hurricane. Although there were some looting indictments, there were also falsely accused individuals who were brought to court based on their location at the time the cops showed up – not based on the act that they were engaging in.
One of the most publicized looting incidents during this storm, where 16 people were arrested for raiding a Coney Island Key Foods the day after the storm, resulted in only two indictments for third-degree burglary, the records indicate. As it turns out, the police swooped in and herded all the men who were there, though many were looking for a place to power their phone and came across this convenience store.
As you prep for the 2013 hurricane season, be mindful of your rights during an emergency situation. Each looting case is presented on a case-by-case basis and, as humans, we have basic needs – such as food, water and shelter.In Louisiana, looting during a state of emergency such as a hurricane, can carry a penalty of 3-15 years in prison without parole, probation or suspension of sentence. Attempted looting can carry up to 7 1/2 years in prison. As a New Orleans criminal defense lawyer, I have represented a client who was charged with looting but the judge acquitted his co-defendants on the count because there was no proof he stole from the store. Though the case was not a “win” per se, my client was able to walk away. As an aside, and off the record, the client was accused for “looting” milk and bread – basic food & necessities. Be aware this hurricane season. Putting yourself in the unlikely situation that you must loot in order to survive is not advisable, but is possible if you are not prepared ahead of time. Next week we will talk about other Crimes you Should Avoid Before, During and After a Natural Distaster and how you can prevent putting yourself in these situations.
If you or a loved one are charged with looting or other theft case, please do not hesitate to Contact Me.
