Louisiana Felony Crimes and Sentences

Louisiana law defines a felony as any crime for which a defendant may be sentenced to death or imprisonment "at hard labor," which means incarceration in state prison. All other crimes are considered misdemeanors.

This article reviews felony penalties and sentencing in Louisiana. For information on the state's misdemeanors, check out this article.

How Louisiana Classifies Felony Offenses

Unlike most states—which assign felonies to different classes or categories (like class A or B)—Louisiana specifies a penalty for each crime in the law. The crime is considered a felony if the law says that a defendant convicted of that crime may be sentenced to incarceration in state prison (or "at hard labor") for any period of time.

As an example, here's the penalty for simple kidnapping: "Whoever commits the crime of simple kidnapping shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than five years, or both." This felony has a maximum prison sentence (five years) and fine ($5,000).

Some felonies also include a minimum prison sentence, such as second-degree kidnapping. "Whoever commits the crime of second degree kidnapping shall be imprisoned at hard labor for not less than five nor more than forty years."

(La. Rev. Stat. §§ 14:2, 14:44.1, 14:45 (2024).)

Examples of Louisiana Felony Crimes and Penalties

The penalties for felonies can range from a few years to life in prison or the death sentence. Here are some examples of Louisiana felony crimes and their penalties:

• first-degree murder: sentence of death or life imprisonment without parole
• aggravated kidnapping: life imprisonment without parole
• second-degree rape: minimum of 5 years and maximum of 40 years in prison without parole
• manslaughter: maximum of 40 years' imprisonment (minimum 10-year sentence if the victim was younger than 10), and
• carjacking: minimum of 5 years and maximum of 20 years in prison without parole.

For these serious felony offenses, the law states that their punishment is "at hard labor," meaning state prison time.

What If a Crime Is Punishable "With or Without Hard Labor"?

Many crimes in Louisiana have penalties that include imprisonment "with or without hard labor." In these cases, a judge can order the defendant to serve their time in a state prison (with hard labor) or a parish jail (without hard labor).

Some examples of felonies that are punishable by time in either state prison or parish jail include:

• aggravated battery: sentence of up to 10 years with or without hard labor, a $5,000 fine, or both
• simple robbery without a dangerous weapon: sentence of up to 7 years with or without hard labor, a $3,000 fine, or both
• gun theft: sentence of 2 to 10 years with or without hard labor, a $1,000 fine, or both, and
• purse snatching: sentence of 2 to 20 years with or without hard labor.

If a convicted defendant receives a sentence for one of these crimes in parish jail ("without hard labor") rather than state prison, this doesn't mean the conviction has been reduced from a felony to a misdemeanor. As the Louisiana Supreme Court reasoned long ago, the test is "the punishment that might have been inflicted and not that actually imposed." (State v. Brown, 171 So. 55 (La. Sup. Ct. 1936).)

What Types of Enhanced Penalties Does Louisiana Have?

Louisiana law requires longer prison sentences for convicted felons who have previous felony convictions. Those sentences are increased even more in cases involving violent crimes, sex offenses, or multiple previous convictions.

Some felonies carry harsher sentences if a victim suffers harm or the crime involves a weapon. The penalty for carjacking, for example, increases from a 5-to-20-year sentence to a 20-to-30-year sentence if the victim suffers serious bodily injuries.

In addition, some crimes—such as violating a domestic violence protective order—that are misdemeanors for the first offense become felonies when the defendant is convicted again for the same crime.

(La. Rev. Stat. §§ 14:30, 14:31, 14:34, 14:42.1, 14:44, 14:64.2, 14:65, 14:65.1, 14:67.15, 14:79, 15:529.1 (2024).)

How Does Felony Sentencing Work in Louisiana?

Judges can generally impose any sentence up to the maximum allowed in law. So if the maximum penalty is 10 years of prison time, a defendant might receive a sentence of 5, 7, or 10 years, depending on their criminal record, the circumstances of the crime, and other factors. When an enhanced penalty applies, the maximum sentence will follow the enhancement.

Even if a statute gives a range of potential prison time (such as 5 to 40 years), the judge must sentence a convicted defendant to a set amount of time (known as a "determinate sentence") within that range. So, in this case, a judge might impose a sentence of 20 years.

The punishment for some felonies may include a fine, either in addition to or instead of imprisonment. And if the victim suffered any financial loss, the court must also order the defendant to pay restitution as part of any sentence, unless it would create substantial financial hardship for the defendant or anyone dependent on the defendant.

(La. Rev. Stat. §§ 14:42.1, 14:64.2, 15:529.1 (2024); La. Code Crim. Proc. art. 875.1, 879, 883.2 (2024).)

Parole Eligibility in Louisiana

In Louisiana, prisoners apply for parole after serving a portion of their determinate sentences, unless they were convicted for a crime that calls for a sentence of imprisonment without the possibility of parole. Parole allows early release from prison (although not from supervision).

The law sets a percentage that the prisoner must serve before becoming eligible for parole (such as 25%, 65%, or 75%). The percentage varies depending on the prisoner's criminal history and whether the current or prior offenses are sex offenses or crimes of violence. Other factors may also affect one's eligibility, such as the prisoner's age and behavior in prison.

Parole eligibility does not guarantee parole. It means the prisoner can apply for parole. The parole board makes the final decision.

(La. Rev. Stat. § 15:574.4 (2024).)

Getting Legal Help

A felony conviction has serious, long-term consequences. Even after you get out of prison, having a felony record can make it difficult to obtain a job or a professional license. It can also lead to harsher sentences if you are ever convicted of another crime. If you're facing felony charges, speak with a local criminal defense attorney immediately. An experienced attorney can help you navigate the criminal justice system and protect your rights so that you can obtain the best outcome possible under the circumstances—which might entail a favorable plea bargain to reduce the charges or the sentence.