What are the penalties for a felony in Louisiana?

Felony punishment in Louisiana is set offense by offense rather than by a general class table. The statute defining the charged offense supplies the minimum and maximum term, and the general sentencing provisions govern how the judge imposes it. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year). Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Louisiana Criminal Defense Guide — Charges & Process

Q: Does Louisiana have a speedy trial requirement?

Louisiana does not have a fixed-day speedy trial clock [§ La. C. Cr. P. art. 701]. La. C. Cr. P. art. 701 provides the right to a speedy trial and sets fixed deadlines. Charges must be filed within 30 days of arrest (misdemeanor, in custody), 60 days (felony, in custody), 120 days (felony punishable by death or life, in custody), 90 days (misdemeanor, not in custody), or 150 days (felony, not in custody). After the defendant and counsel file a valid speedy trial motion with the required affidavit, trial must commence within 120 days (felony, in custody), 180 days (felony, not in custody), 30 days (misdemeanor, in custody), or 60 days (misdemeanor, not in custody). Missing these periods results in release without bail or discharge of the bail obligation unless just cause for the delay is shown at a contradictory hearing. Defendant may file a motion to quash after unreasonable delay. Limitations periods apply to prosecution under arts. 571–578.

Q: Can I get my criminal record expunged in Louisiana?

Yes, for eligible offenses [§ C. Cr. P. art. 971 et seq.]. Waiting periods: 5 years from completion of sentence for eligible felonies; 3 years for misdemeanors; immediate for acquittals/dismissals. Louisiana Code of Criminal Procedure arts. 971–999 govern expungement. Louisiana overhauled expungement law in 2014 and 2015. Eligible felonies include first-offense drug possession and non-violent offenses. Crimes of violence and sex offenses are excluded. Filing fee applies; fee waivers available.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Louisiana.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Louisiana Criminal Process — Step by Step Your Rights in an Louisiana Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Louisiana classifies criminal offenses

Louisiana divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Misdemeanor classifications

✓The classification of an offense determines not just the potential jail or prison time, but also fines, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year)	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §C. Cr. P. art. 971 et seq.	Fewer offenses eligible §C. Cr. P. art. 971 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §La. C. Cr. P. art. 213. Louisiana Code of Criminal Procedure arts. 201–228 govern arrest. Officers may arrest without a warrant for felonies on probable cause and misdemeanors committed in their presence. Louisiana uses parishes, not counties, as its primary geographic subdivision. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Louisiana Constitution Art. I, § 18 provides for bail. Bail may be denied for capital offenses and certain violent crimes when proof is evident. Magistrate or judge sets bail considering danger and flight risk. Nolo contendere pleas are permitted under La. C. Cr. P. art. 552. §La. C. Cr. P. art. 311 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Louisiana has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §La. C. Cr. P. art. 511 et seq.. Louisiana Public Defender Board oversees a statewide network of district public defender offices funded through a combination of state appropriations and local fees. Historically underfunded; subject to ongoing reform litigation.
Right to a speedy trial — Louisiana does not set a fixed number of days for speedy trial §La. C. Cr. P. art. 701. La. C. Cr. P. art. 701 provides the right to a speedy trial and sets fixed deadlines. Charges must be filed within 30 days of arrest (misdemeanor, in custody), 60 days (felony, in custody), 120 days (felony punishable by death or life, in custody), 90 days (misdemeanor, not in custody), or 150 days (felony, not in custody). After the defendant and counsel file a valid speedy trial motion with the required affidavit, trial must commence within 120 days (felony, in custody), 180 days (felony, not in custody), 30 days (misdemeanor, in custody), or 60 days (misdemeanor, not in custody). Missing these periods results in release without bail or discharge of the bail obligation unless just cause for the delay is shown at a contradictory hearing. Defendant may file a motion to quash after unreasonable delay. Limitations periods apply to prosecution under arts. 571–578.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Louisiana: Probation in Louisiana is governed by the Code of Criminal Procedure, not the parole statutes. Misdemeanor: up to 2 years; Felony: maximums are set by the Code of Criminal Procedure and vary by offense and date of conviction — confirm the current limit with a lawyer.

⚠Louisiana has a habitual offender law §15:529.1. Habitual offender law: second felony doubles the maximum; third felony triggers minimum 1/2 of maximum; fourth felony means life without parole for violent offenses. Among the harshest habitual offender laws in the nation. Amended in 2017 to reduce mandatory minimums for nonviolent offenses.

Clearing your record

Louisiana does allow certain criminal records to be sealed or expunged §C. Cr. P. art. 971 et seq.. Waiting periods: 5 years from completion of sentence for eligible felonies; 3 years for misdemeanors; immediate for acquittals/dismissals. Louisiana Code of Criminal Procedure arts. 971–999 govern expungement. Louisiana overhauled expungement law in 2014 and 2015. Eligible felonies include first-offense drug possession and non-violent offenses. Crimes of violence and sex offenses are excluded. Filing fee applies; fee waivers available.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §40:966 et seq.. Marijuana possession: Misdemeanor (14 grams or less, first offense: §40:966(E)); Felony (over 14 grams or subsequent offenses); medical marijuana legal under §40:1046.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §14:36 et seq.. Domestic violence offenses carry additional consequences including protective orders §14:35.3 et seq..

Theft and property crimes

Classification depends on the value of property taken §14:67 et seq.. Felony threshold: $1,000 (felony for $1,000–$4,999, §14:67(B)(3)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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