Felonies, Misdemeanors, and Infractions in Louisiana

Like most states, offenses in Louisiana are broken down into the following types:

• Felonies
• Misdemeanors
• Infractions.

These crime types differ in terms of their severity and corresponding penalties. Felonies are the most serious offenses and carry the most severe punishment. Misdemeanors are next to felonies in terms of the weight of punishment. They are not as weighty as felonies but also have some penalties. Infractions are the least-ranked offenses and are mostly traffic tickets.

The state's criminal courts handle criminal cases, and individuals may request and acquire Louisiana criminal court records from the specific court where the proceedings occurred. In addition to record categories, Louisiana law sets statutes of limitations that limit when charges can be filed in the state.

What Is A Felony In Louisiana?

Title 14, Section 2(4) defines felony as any offense that carries the death penalty or imprisonment at the state prison. A jury must unanimously reach a decision before the court imposes the death sentence for a felony.

Louisiana, unlike some other states, does not classify felonies based on severity and corresponding penalties. Each offense comes with its own penalty.

What are some examples of felonies in Louisiana?

Some examples of felony offenses in Louisiana include:

• Murder: Murder charges may attract the death penalty or life imprisonment with or without parole. Examples of murder crimes include first-degree murder (Title 14:30 of the revised statutes of Louisiana) and second-degree murder (Title 14:30.1 of the revised statutes).
• Manslaughter: Title 14.31 of the Revised Statutes recommends a jail term at the state prison between 10 and 40 years, depending on the victim’s age and other circumstances.
• Rape: Per Title 14.42 of the Revised Statutes, rape offenses may attract the maximum death penalty or imprisonment, depending on the severity and circumstance. Third-degree rape attracts a maximum of 25 years at a state prison, while first- and second-degree rape may incur life imprisonment or the death penalty.
• Kidnapping: Kidnapping carries different penalties, which are often determined by the purpose of the act and the physical condition of the victim. In aggravated kidnapping, offenders may receive sentences up to life imprisonment. In contrast, simple kidnapping attracts a maximum of five years in jail and/or up to $5,000 in fines.
• Arson: Louisiana statutes penalize arson by considering the potential risk of the act and the outcome of the incident. Offenders convicted of aggravated arson may receive between 6 and 20 years with a fine that should not be more than $25,000.
• Armed robbery: The recommended penalty for committing an armed robbery is imprisonment between 10 and 99 years. Offenders may serve the sentence with or without parole or probation.

Louisiana applies stricter sentencing guidelines for habitual offenders. This is commonly called the three-strikes law. Any offender with a second felony conviction may earn a minimum of half of the maximum sentence for the first offense as additional punishment. The maximum punishment for a second felony conviction is double the maximum given for the first offense.

A third felony conviction attracts an extra sentence of a minimum of 2/3 of the maximum penalty given to a first-time offender. The maximum punishment for a third felony conviction is double the minimum conviction given to a first-time offender.

However, offenders may get life imprisonment if they were previously convicted for any of these crimes:

• Violent crimes
• Sex crimes against a person under the age of 18
• Drug-related crimes that are punishable by 10 or more years in prison.
• Any crimes punishable by 12 or more years in jail.

There are also criminal statutes of limitations in Louisiana that prevent the prosecution of some cases after a certain period has passed. The statute of limitation is six years for crimes like manslaughter, while crimes like murder and first-degree rape have no statute of limitations. Prosecutors can file charges for murder at any time after the incident occurred.

Can I get a Felony Removed from a Court Record in Louisiana?

Yes, some felony records may be expunged from court records in Louisiana. Expungements in Louisiana do not mean a total erasure of those records. Instead, it is sealed from public view but still accessible to specific entities like criminal justice agencies.

A person may become eligible for expungement under these conditions:

• The convictions were set aside
• The prosecutions were dismissed.
• It is at least 10 years after completing the sentence for the offense.

However, persons convicted of violent crimes are ineligible for expungement. Violent crimes may include first-degree murder and rape. Title 14:2(b) of the Revised Statutes provides a list of crimes that are not eligible for expungement.

Individuals petitioning for expungement may approach a court in the district where the offense originated. Expungement typically requires filling the universal court form and paying $550 in filing fees. Note that the fees are distributed to all agencies that may hold the requested records.

Along with the petition, offenders may also submit a background check done within 30 days before filing for expungement. It may take about 60 days from the filing date for all agencies to respond to the petition and another 30 to 60 days before the state police certificate sends a certificate of compliance.

Is Expungement The Same As Sealing Court Records In Louisiana?

Expungement and sealing records are the same in Louisiana. This is because criminal records are not entirely erased when expunged. Rather, they are just hidden from public view and may be accessed by law enforcement agencies and some licensing bodies. An expunged record may even be used as evidence of the prior conviction.

How Long Does a Felony Stay on Your Record in Louisiana?

Unless expunged, a felony may remain on the offender’s criminal record forever. Having a felony on a criminal record may deny the offender many opportunities. For instance, convicted persons may struggle to get employed in specific industries or find it difficult to access some government incentives like housing.

Sometimes, expungement is not enough to restore some of these benefits. A government pardon is relatively more effective at restoring lost benefits and privileges.

What is a Misdemeanor in Louisiana?

Per Title 14:2(6) of the Louisiana Revised Statutes, misdemeanors are relatively less severe and carry lighter penalties than felonies. Persons convicted of misdemeanors may serve their sentence in a parish or local jail. Furthermore, fine payments for misdemeanors do not exceed $1,000.

What are some examples of Misdemeanors in Louisiana?

Some examples of misdemeanors include:

• A First and second offense of DWI:Title 14:98.1 of the Revised Statutes recommends fine payments between $300 and $1,000 and up to a six-month jail term. For a second offense, the statute recommends fines between $750 and $1,000 and up to six months in jail.
• Assault: A simple assault without a dangerous weapon is a misdemeanor that attracts a penalty of a fine that should not be more than $200 and/or up to 90 days imprisonment.
• Simple possession of marijuana: Title 40:966.C(2) of the Revised Statutes classifies the first and second convictions for the possession of marijuana as a misdemeanor. For possessing more than 14 grams of marijuana, first-time offenders may pay fines up to $500 or spend up to 15 days in jail. However, the fine is $300 if convicted of possessing marijuana that weighs less than 14grams.
• Simple criminal damage to property: Persons convicted of this crime may receive a fine less than $1,000 if the destroyed property is valued below $1,000. Offenders could also receive up to a six-month jail term.
• Domestic abuse battery (first and second conviction): Per Title 14:35.3(C), offenders may pay between $300 and $1,000 in fines. of the Revised Statutes stipulates that a first offender of this offense shall be sentenced to a fine that will not be less than $300 but not more than $1,000. A jail term for a period that should not be less than 30 days nor more than 6 months will also be served by the offender. A second conviction will attract a fine that will range between $750 and $1,000. A jail term for a period between 60 days and 1 year will also be served.

Other examples of misdemeanors include the following:

• Public drunkenness
• Disturbing the peace
• Underage drinking
• Public intoxication
• Possession of drug paraphernalia
• The battery of a law enforcement officer
• Cyberbullying.

Can I Get a Misdemeanor Removed from a Record in Louisiana?

Yes, you may expunge misdemeanor convictions by fulfilling the required legal conditions. Per Article 977, persons seeking to expunge misdemeanors must fulfill these requirements:

• The conviction was set aside.
• The prosecution was dismissed.
• It has been more than 5 years since the offender completed the sentence.

The district attorney must also verify that there has not been any new felony conviction for the offender during the 5-year waiting period.

Misdemeanor offenders not eligible for expungement include:

• Those whose convictions were for a sex-related offense
• Those whose misdemeanor convictions were for domestic abuse battery
• Those that were convicted for stalking.

Can a DUI Be Expunged in Louisiana?

Yes, a driving while intoxicated (DWI) conviction may be expunged in Louisiana. However, a person has the opportunity to only expunge one DWI record within any 10-year period.

Louisiana laws also present first-time offenders of DWI with another way of expunging their record through Article 894 of the CCRP. This article grants the court the ability to sentence the offender to a deferred sentence with probation. This means the offender may not serve the sentence, provided the terms of the probation are strictly adhered to. The offender may file for expungement two years after completing the probation.

What constitutes an Infraction in Louisiana?

Infractions are very minor offenses (mostly traffic offenses) that do not usually lead to jail time. Although they are less severe, they remain on the offender’s driving record for a long time. Presence of infractions may lead to consequences like higher auto insurance premiums and suspension of a driver’s license.

Most infractions are resolved by paying the fine on the ticket given to the offender. If the offender is claiming not guilty, the ticket can be fought through a contested hearing at a county court in the county the offense is alleged to have occurred.

Infractions may be moving or non-moving depending on the effects they will have on the offender’s driving record. They both occur when a vehicle is on the move but moving violations have more effect on the offender’s driving record. Failure to obey a traffic light and overspeeding are examples of moving violations. In contrast, non-moving violations include driving while talking on a mobile phone and driving without a seatbelt.

What are some examples of Infractions in Louisiana?

Examples of some common infractions in Louisiana include:

• Failure to use a child restraint
• Failure to wear seatbelts
• Failure to obey traffic signs
• Improper U-turns
• Improper lane usage
• Driving against traffic
• Failure to yield
• Failure to obey police signal
• Passing a stopped school bus
• No driver’s license
• No proof of insurance
• Overspeeding
• Expired license
• No inspection sticker

Can Infractions be Expunged from a Louisiana Criminal Court Record?

Offenders may expunge infractions by participating in some court-ordered programs. The court may require offenders to pay extra fees to attend and complete a recommended program.

To expunge infractions, the offender may submit a written request and payment to the relevant court. Article 892.1 of the CCRP requires the offender to have an affidavit attesting to compliance with the conditions set by the court. It is also necessary for the offender not to have any previous moving violations on record.

The court may then order some driving improvement training to be undertaken by the offender. 90 days after the completion of the program and presentation of the certificate received, the court may set aside the conviction and dismiss the prosecution.

What is Deferred Adjudication in Louisiana?

Per LA Code Crim. Pro. Art. 893, a trial court may suspend or defer sentence for felony cases and offer probation. The probation may run for up to five years, depending on the crime severity and circumstances around the incident.

The state law may grant deferred sentencing to first-time or subsequent convictions of felony crimes. However, not all defendants or crimes can receive deferred adjudication. The state law restricts persons on trial for capital felonies from accessing deferred sentencing. Other exemptions include:

• Persons on trial for a second or third charge of pornography against juveniles or molestation of juveniles.
• Persons on trial for a crime designated as a crime of violence according to Article 890.3.

The court may order the defendant to complete a recommended program. If the order fails to complete the program, the court may resume sentencing for the offense.

Types of Crimes Eligible for Deferred Adjudication in Louisiana

In Louisiana, non-capital felonies and misdemeanors are eligible for deferred sentencing. The court may impose deferred sentencing even for a fourth conviction of most crimes. In such instances, the court considers if the case serves the defendant’s and the public’s best interests.