Misdemeanors in Louisiana

Louisiana Statutes broadly classify crimes into three categories (felonies, misdemeanors, and infractions) based on their severity and the possible punishments associated with them. Under state laws, felonies may be defined as crimes punishable by death or imprisonment in a state prison, while misdemeanors include all other less severe crimes not classified as felonies, with punishments that do not include incarceration in a state prison.

Unlike most states, Louisiana does not categorize misdemeanors into various classes based on their severity; rather, each crime has its specific penalties prescribed by statutes. An understanding of how crimes are classified in Louisiana may help concerned persons estimate the seriousness of a crime and predict the possible outcomes of a legal process.

If a case makes it to trial, the criminal courts in the state produce case files that are typically public and reviewable at the clerk's office or a designated search portal.

Common Examples of Misdemeanors in Louisiana

Some common examples of misdemeanors in Louisiana include:

• Assault (RS §14:38)
• Cyberbullying (RS §14:40.3)
• Defacing property with graffiti where damage is less than $500 (RS §14:56.4)
• Disturbing the peace (RS §14:103)
• Domestic abuse battery (RS §14:35.3)
• Petty theft or auto theft of property worth less than $1,000 (RS § 14:67)
• Violating a protective order— first nonviolent offense (RS § 14:79(b))
• Simple possession of schedule 1 drugs such as Marijuana (RS§ 40:966.C(2))
• Simple criminal damage to property (RS §14:56)
• A first and second offense of Operating While Impaired(OWI) Revised Statutes sections 14:98.1 and 14:98.2.

Louisiana Statutes prescribes various potential penalties for crimes classified as misdemeanors. However, the classification for the crimes listed above and their possible punishments may vary depending on jurisdiction and circumstance.

Statute of Limitations for Misdemeanors in Louisiana

Louisiana Statutes attach “Prescriptive Periods” (statutes of limitations) for the prosecution of criminal charges. For misdemeanors, the statute of limitations is six months for crimes with a fine penalty or two years for crimes punishable by jail time and/or fines. Prosecutors are allowed to file criminal misdemeanor charges within six months to two years, depending on the specific crime, unless the law states otherwise. Failure to file charges within the stipulated period may result in case dismissals.

The clock for misdemeanors typically starts running from the date the alleged crime was committed but may be tolled if the defendant is not within the state or their identity is unknown. However, once the conditions resulting in the pause end, the clock continues to run.

Legal Penalties for Misdemeanors in Louisiana

Louisiana Statutes do not provide standard penalties and sentences for a group of offenses. Rather, each offense is assigned its own penalty outlined in Title 14 of the Louisiana Revised Statutes. This means the exact penalty for a misdemeanor may be influenced by the specific offense, the offender's record, the jurisdiction, the court’s discretion, or the circumstances surrounding the case.

Nevertheless, misdemeanors are generally punished with fines up to $1,000 and one year or less of incarceration in a parish jail. Other alternative sentences may include community service, house imprisonment, probation, or deferred sentencing. Note that certain aggravating factors like possession of deadly weapons, repeated offenses, and involvement of minors may influence the penalties for a misdemeanor charge.

Besides the possible punishments outlined by law, a misdemeanor may have long-term negative effects on the record holder. A misdemeanor conviction record, though not as serious as that of a felony, may deprive one of certain employment or academic prospects. In addition, financial privileges and civil rights may be lost due to a misdemeanor record. Renting properties in choice areas or sourcing funds from loan facilities may be difficult for persons with misdemeanor convictions.

Court Process for Misdemeanors in Louisiana

The court process for Louisiana misdemeanors may vary depending on the court handling the case and the jurisdiction in which the case is heard. It might be helpful to verify the exact processes for a specific misdemeanor from the court clerk or an attorney. In Louisiana, a typical court process for a misdemeanor proceeding will include the following steps:

• Summons or Arrest: Most misdemeanor cases begin with an arrest, while others may start with a summons, which involves requesting the defendant to appear in court without being arrested.
• Arraignment: This is the defendant's first formal appearance in court, where the judge is required to read the filed charge and request a plea (either guilty, not guilty, or no contest). Depending on the outcome of this process, the court may schedule subsequent court dates.
• Plea Bargain: A plea is a statement made by the defendant or their legal counsel admitting guilt or innocence. If the defendant pleads guilty, their attorney may try to negotiate a plea deal with the prosecutor which could involve a reduced sentence or lighter charges without necessarily going through a trial proceeding.
• Trial: In a case where there is no plea deal or the defendant pleads not guilty, the case goes to trial. The prosecutor bears the burden of proof and is mandated to provide evidence proving guilt beyond a reasonable doubt to the judge.
• Sentencing: If the defendant is found guilty by the judge during the trial, a sentence is entered in the form of a judgment. A sentence is simply the punishment meted out by a judge for a criminal charge. This could include a fine, probation, or jail time of up to one year in a parish jail.

How Misdemeanors Affect Your Criminal Record in Louisiana

In Louisiana, a criminal conviction for misdemeanors may typically become part of a person's criminal history record. Criminal history records are usually available to the public and may be obtained during background checks or official interviews.

A misdemeanor record may have serious effects and lifetime consequences. For instance, obtaining or renewing professional licences for certain professions may be difficult as they may require a clean record before issuing licenses. A misdemeanor may also result in the suspension or revocation of an issued license and its associated benefits. Most employers or business owners may deny persons with a misdemeanor record of beneficial job or business opportunities.

State laws and relevant record-keeping practices may impact the effects of a misdemeanor record. For example, it may be possible to expunge certain misdemeanor records in Louisiana so that they become unavailable to the public. These options may, however, be unavailable under certain circumstances or require rigorous legal processes.

Differences Between Misdemeanors and Other Offenses in Louisiana

Louisiana Statutes classify crimes according to their severity and possible punishments. In terms of severity, felonies are the most serious offenses, followed by misdemeanors and violations, which are ranked the least. Misdemeanors are less weighty crimes when compared to felonies and their punishments pale in comparison to those prescribed for felonies.

In Louisiana, felonies are generally punished by a death sentence or imprisonment with hard labor in a state prison. Misdemeanors, on the other hand, may attract sentences of fines up to a thousand dollars or jail time in a local jail, not more than one year. Violations, being the least offenses, are usually punishable by fines stated on issued traffic tickets.

How to Check for Misdemeanors in Louisiana Court Records

To check for misdemeanors in Louisiana, interested persons may need to contact the court clerk in a particular parish to verify the relevant processes, as the procedures may vary across parishes, jurisdictions, and courthouses. One may search for Louisiana misdemeanor records in the following places:

• The court clerk's office
• The public terminals available at the courthouses
• The official websites designated by the respective court clerks for case search
• The multi-parish online repository (Clerk Connect)

Researchers may be required to provide certain search criteria and identification to retrieve court record information. Inspection of court records may typically be free of charge, while requesting copies usually attracts fees.

Can a Misdemeanor Be Expunged or Sealed in Louisiana?

Yes. Louisiana Statutes allow for the expungement of eligible misdemeanor records. Per Article 977, a misdemeanor record may qualify for expungement if it meets the following criteria:

• The misdemeanor conviction was set aside
• The case was dismissed by the prosecution
• Five years have passed since the defendant finished all sentences
• The conviction was not for a sex related offense, domestic battery, or stalking
• No new offense was recorded within the five-year waiting period

Expungement in Louisiana seals the records from public access although they may be accessed by criminal justice agencies and other authorized entities. Expungement clears a subject’s record, removes social stigma, and qualifies them for enhanced educational, employment, and housing opportunities.