Understanding Misdemeanors in Louisiana

A misdemeanor in Louisiana, per La. R.S. § 14:2, is any offense for which the legal consequences cannot be death or imprisonment at hard labor. Any offense that is punishable by death or imprisonment at hard labour is a felony. Unlike some states, Louisiana does not categorize misdemeanors into classes, such as Class A, Class B, or First-Degree misdemeanors. States that classify misdemeanors usually do so to distinguish between the more serious and less serious misdemeanor offenses. Louisiana simply categorizes offenses as misdemeanors or felonies, indicating the seriousness of an offense by the specific penalties it carries.

Examples of Misdemeanors in Louisiana

Misdemeanors are low-level offenses in Louisiana (when compared to felonies), and as such receive lesser punishments. Examples of misdemeanors include simple assault, disturbing the peace, simple criminal damage to property, and a first OWI offense (also known as DUI or DWI). These acts are not punishable by imprisonment at hard labor or death. However, some misdemeanors like OWI, domestic abuse battery, and stalking may be enhanced to felonies on repeat offenses.

Below are tabulated examples of offenses that commonly appear as misdemeanors in Louisiana criminal court records and their possible penalties.

Penalties for a Misdemeanor in Louisiana

Penalties for a misdemeanor in Louisiana depend on the specific offense but generally involve shorter incarceration periods and lower fines than those for felonies, and do not authorize hard labor. Some states group misdemeanors into classes (e.g, Class A, B, C) and assign penalties based on the classes. Louisiana, in contrast, penalizes misdemeanors based on the statutory provisions for the offense.

Generally, misdemeanor offenses in the state carry a jail term of up to six months and a fine of $1,000, but these terms may be exceeded for certain offenses. Pursuant to La. Code Crim. Proc. art. 1530, trials for misdemeanors where punishment might exceed six months' jail term or $1,000 in fines must be tried by a jury of six jurors who must all agree to the verdict. Other misdemeanor trials do not require jury presence.

An individual convicted of a misdemeanor may also be placed on probation, required to perform community service, or participate in specific programs, such as substance abuse or driver improvement programs, as part of their sentence.

Probation and Alternative Sentencing Options in Louisiana

In Louisiana, a misdemeanor conviction does not always result in incarceration. The court often employs several alternative sentencing options to hold offenders accountable, either in place of or in addition to imprisonment. These alternatives include probation (which may consist of community service), home incarceration, restitution, substance abuse treatment, and driver improvement programs. However, under La. Code Crim. Proc. art. 894.1, a court is expected to jail someone if:

• It believes that releasing a person on probation or giving a lighter punishment presents too great a risk of the person committing new crimes.
• The defendant requires significant correctional treatment, which is best provided in custody.
• Any other penalty would fail to adequately reflect the seriousness of the offense.

Below are the typical alternative sentencing options to incarceration in Louisiana and their typical conditions.

Notably, La. Code Crim. Proc. art. 894.4 does not permit the revoking or extension of an offender's probation solely because they fail to pay any fines or restitution to a victim.

Depending on the offense, a defendant may also be offered a diversion program at the discretion of the local District Attorney, with the potential for the charges to be dropped upon completion. Diversion conditions may include:

• Perform community service
• Complete assigned classes
• No new offenses during the period
• Comply with other conditions set by the District Attorney

Can a Misdemeanor Be Expunged or Sealed in Louisiana?

Yes. In Louisiana, provisions for expunging misdemeanor arrests and convictions are made under La. C. Cr. P. art. 977. Pursuant to the statute, there are two main conditions under which a misdemeanor may be expunged in the state. These include:

• The conviction was set aside, and the prosecution dismissed as provided by La. Code Crim. Proc. art. 894(B)
• Five years have passed from the completion of their sentence, the convicted individual has had no felony conviction during that time, and has no pending felony cases.

However, a misdemeanor conviction is ineligible for expungement if:

• The misdemeanor conviction arose from an arrest or circumstances involving a sex offense, as explained in La. R.S. § 15:541
• The conviction was for domestic abuse battery or stalking

The table below reflects the eligibility requirements for misdemeanors in Louisiana.

Long-Term Consequences of a Misdemeanor Conviction

These long-term effects impact an offender's life long after their sentence is completed and are typically only relieved through expungement. These consequences often affect eligibility for employment, housing, immigration status, insurance, certain public benefits, and may influence penalties in any subsequent criminal case.

However, unlike some states, a misdemeanor conviction in Louisiana does not automatically disqualify a person from obtaining a professional license (La. R.S. § 37:2950). Disqualification may only occur if the conviction is directly related to the job, occupation, trade, or profession requiring the license.

Relief typically only comes after an expungement, as most of these effects are related to the public's accessibility to the conviction. If the record is expunged, the conviction is erased and cannot be accessed by individuals or entities.

What to Do if You’re Charged with a Misdemeanor in Louisiana

When an individual is charged with a misdemeanor in Louisiana, the prosecutor serves them with legal papers detailing the charges. This formally notifies the individual of the case against them and provides an opportunity to prepare a defense. Being charged with a misdemeanor does not mean a person is guilty; however, it means the individual is a suspect.

How an individual suspected of committing a misdemeanor handles the charges may significantly influence the outcome of the case. Firstly, the individual should carefully examine the content of the papers served. At this point, they may involve an attorney to assist with the legal interpretation and implications of the documents and to provide counsel on the next steps. Once done, the individual should prepare all documents containing evidence or other information, as recommended by their legal counsel, that may be used in their defense in court. Lastly, the individual should ensure compliance with all court requests and procedures and attend all scheduled court hearings to prevent further complicating the case.

Statute of Limitations for Misdemeanors in Louisiana

The misdemeanor statute of limitations in Louisiana is outlined in La. Code Crim. Proc. art. 572. The statute establishes the time limit for prosecuting misdemeanors in the state. Generally, misdemeanors that are punishable by fine, imprisonment, or both must be prosecuted within two years of the offense being committed. The limit is six months for crimes that may only be punished by a fine or forfeiture. The limitation period starts counting from the day the offense was committed, but may be stalled per La. Code Crim. Proc. art. 575 if the defendant is:

• Absent from the state or their known residence in a bid to avoid apprehension
• Mentally incapable of defending themselves at trial and is committed pursuant to La. Code Crim. Proc. art. 648

The table below summarizes the statute of limitations for misdemeanors in Louisiana.