Louisiana Felony Charges and Penalties

The State of Louisiana defines a felony as "any crime for which an offender may be sentenced to death or imprisonment at hard labor.”

Felony Sentencing and Convictions in Louisiana

The State of Louisiana does not classify its felonies according to Class A, B, C, etc.  Rather, the Criminal Code provides specific descriptions of each felony offense with the particular sentence for the offense.  The following provides examples of several felony offenses and the sentence for the crime.

• First Degree Murder: Whoever commits the crime of first degree murder shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence in accordance with the determination of the jury.
• Second Degree Murder: Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
• Aggravated Rape: Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.  However, if the victim was under the age of thirteen years and if the district attorney seeks a capital verdict, the offender shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, in accordance with the determination of the jury.
• Manslaughter: Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years.  However, if the victim was killed as a result of receiving a battery and was under the age of ten years, the offender shall be imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than ten years nor more than forty years
• First Degree Robbery: Whoever commits the crime of first degree robbery shall be imprisoned at hard labor for not less than three years and for not more than forty years, without benefit of parole, probation or suspension of imposition or execution of sentence. 
• Theft, Third Offense: Whoever commits a theft with two former offenses is guilty of a felony and is subject to a penalty of twenty years imprisonment.
• Third DUI: Whoever commits a third Driving While Under the Influence offense shall be guilty of a felony, punishable by at least 45 days but up to five years imprisonment and a fine of $2000.00.
• Battery of a Police Officer: If the battery produces an injury that requires medical attention, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not less than one year not more than five years, or both.

Louisiana Felony Records and Expungement

The State of Louisiana allows felony records to be expunged, subject to certain exceptions.  In order to be considered, one must file an application which may or may not be approved.  In addition, the State will not permit the expungement of any felony sex offenders involving victims under the age of 17.

Louisiana Felony Statute of Limitations

In the State of Louisiana, the following statute of limitations apply to the filing of criminal felony cases:

• No limitation:  crimes punishable by death or life imprisonment
• 10 years:  forcible rape, none; forcible rape, sexual battery (aggravated), carnal knowledge, indecent behavior or molestation of juvenile, crime against nature involving victim under 17 yrs. of age
• 6 years: felonies punishable by hard labor
• 4 years: felonies not punishable by hard labor

View all Criminal Statute of Limitations for Louisiana

Help from a Lawyer in Louisiana for Felony Charges

An experienced criminal defense attorney can not only evaluate one’s case in order to determine what options one may have in the matter, but also the attorney can assist one in making important determinations in preparing one’s defense.  In addition, the attorney can help to preserve any rights you may have, as well as help to obtain the most advantageous result under the circumstances.