Louisiana Felony: Laws, Penalties, Sentencing, and Records

A felony is treated as one of the most serious types of crimes in Louisiana. These offenses may result in life-changing consequences, ranging from long prison terms to the death penalty. A felony conviction may also bring a permanent criminal record, steep fines, and the loss of certain civil rights. Unlike states that classify felonies by letters and numbers, Louisiana defines them based on the severity of the punishment.

What Is Considered a Felony in Louisiana?

Title 14 of the Louisiana Revised Statutes defines felony offenses in the state. Common examples of felonies prosecuted in Louisiana include:

• Violent Crimes: Murder, manslaughter, aggravated assault, rape, armed robbery, kidnapping.
• Drug Crimes: Distribution, manufacturing, and trafficking of controlled substances.
• Property Crimes: Arson, burglary, theft of property valued at $1,000 or more, auto theft.
• White-Collar Crimes: Fraud, embezzlement, identity theft, forgery.
• Weapons Offenses: Felon in possession of a firearm, use of weapons during crimes, unlawful firearm distribution.

The presence of aggravating factors can transform a misdemeanor charge into a felony. For example:

• Theft becomes a felony when the value of the stolen property exceeds $1,000, while theft below that amount is a misdemeanor.
• A battery case is a misdemeanor unless it involves the use of a deadly weapon or causes serious bodily injury.

What Is a Felony in Louisiana?

Any crime punishable by death or imprisonment at hard labor is defined by Louisiana law as a felony. Misdemeanors, on the other hand, can be punished by fines or incarceration without hard labor. When an individual is convicted of a felony in Louisiana, the punishment may be:

• Prison sentences ranging from 1 year to life imprisonment or the death penalty for capital offenses.
• Fines up to $100,000, depending on the statute.
• Loss of rights, including firearm ownership and the right to vote.
• A permanent criminal record that can affect jobs, housing, immigration, and professional licensing.

Felony Penalties in Louisiana

Louisiana does not use felony classes or levels like most states. Instead, the exact punishment for each individual crime is stated.

Examples of Louisiana Felony Penalties

• First-Degree Murder: Death penalty or life without parole.
• Second-Degree Murder: Mandatory life without parole.
• Manslaughter: Up to 40 years of incarceration.
• Rape (First Degree): Life imprisonment without parole.
• Armed Robbery: 10 to 99 years at hard labor, without parole or probation.
• Burglary (Aggravated): 1 to 30 years imprisonment.
• Theft over $25,000: Up to 20 years of incarceration and fines up to $50,000.
• Drug Trafficking: sentences for trafficking are based on the kind of drug and how much is involved. These cases carry significant financial penalties and mandatory prison terms.

Felony Sentencing Guidelines in Louisiana

In Louisiana, state law sets the sentences for felonies, though judges can also weigh factors that make the crime lighter or more severe.

Key Sentencing Factors

1. Statutory Penalties: Every felony comes with a minimum or maximum sentence written into the law.
2. Mandatory Minimums: Many violent and drug-related crimes require a set amount of prison time a judge must impose.
3. Aggravating Factors: Using firearms, targeting children or elderly victims, having prior convictions, or being tied to gang involvement can result in harsher punishment.
4. Mitigating Factors: First-time offenders or individuals who cooperate with law enforcement can receive lighter sentences.
5. Habitual Offender Law: Under Louisiana’s habitual offender law, penalties for a second or third felony can be increased, sometimes doubling the prison term.
6. Probation and Parole: Some felonies make probation or parole possible, but serious violent crimes are usually not eligible.

For instance, armed robbery in Louisiana carries a sentence of 10 to 99 years at hard labor, but under Louisiana’s Habitual Offender Law, an individual with prior felonies may face life without parole.

Felony Laws and Procedures in Major Louisiana Cities

New Orleans (Orleans Parish)

Felony cases in New Orleans go through the Orleans Parish Criminal District Court, which handles violent crimes, drug trafficking, and property crime offenses. Felony records can be requested from the Orleans Parish Clerk of Court or searched online through the Louisiana Supreme Court’s case portal.

Baton Rouge (East Baton Rouge Parish)

The 19th Judicial District Court handles felony matters in East Baton Rouge. This court manages a high volume of violent crimes and drug-related prosecutions . Members of the public may access official felony case files through the East Baton Rouge Parish Clerk’s Office during regular business hours.

Shreveport (Caddo Parish)

In Shreveport, felonies are handled by the First Judicial District Court, which prosecutes charges including drug-related crimes, burglary, and armed robbery. The records for these cases are maintained by the Caddo Parish Clerk of Court and can be accessed either in person at the Clerk’s Office or online through a subscription to the Clerk’s online portal.

How to Search for Felony Records in Louisiana

In Louisiana, the public can search for felony records by using statewide resources or by checking with individual parishes.

1. Louisiana Supreme Court Case Search

The Louisiana Supreme Court’s case search portal allows the public to look up felony case records by name, case number, or parish. A typical record search may produce the following information:

• Case number and docket history.
• Charges and filing details.
• Court location.
• Sentencing outcomes.

2. Parish Clerk of Court Offices

Anyone can request felony case files from the Clerk of Court in the county where the case was heard. In addition, some clerks offer a centralized platform that can be used to search for information in felony matters.

3. Louisiana State Police – Bureau of Criminal Identification and Information

The Louisiana State Police Bureau of Criminal Identification and Information (BCII) keeps the official statewide criminal history records. To access these records, requestors must provide legible fingerprints and a processing fee.

4. Local Police and Sheriff’s Departments

Arrest reports and incident records can be requested from local law enforcement under Louisiana’s Public Records Law. Requesters should be aware that the law restricts access to certain records for privacy reasons.

5. Third-Party Background Checks

Although official state and parish systems are the most reliable sources for finding felony records, individuals may use third-party websites to search for publicly available felony records.

Open vs. Sealed Records

• Open Records: Most felony conviction records are accessible to the public.
• Expungement: Louisiana allows expungement for certain felony convictions after a waiting period, usually about 10 years for nonviolent offenses. Nevertheless, records of violent crimes, sex crimes, and major drug felonies cannot be expunged.

Why Understanding Felonies in Louisiana Matters

In Louisiana, the effect of a felony conviction can have lasting effects that go beyond prison and fines. They can restrict civil rights and limit employment and housing opportunities. It is essential for individuals, employers, and organizations to understand how felonies are defined, sentenced, and recorded in Louisiana.

Felonies in Louisiana are categorized by whether they carry the possibility of death or hard labor, instead of a class system. The consequences for these crimes can vary significantly, from a year for certain thefts to life sentences without parole. Sentencing is based on statutory guidelines, mandatory minimum sentences, and Louisiana’s habitual offender law.

Felony records are available through the Louisiana Supreme Court portal, parish Clerk of Court offices, or the State Police. This promotes transparency while allowing limited expungement for eligible cases.