First Degree Felony in Louisiana

Louisiana defines a felony as any offense punishable by death or imprisonment at hard labor (La. R.S. § 14:2). Louisiana first-degree felonies are among the most serious types of crimes (non-capital criminal charges) that a person may face in the state. Due to the severity of first-degree felonies, those charged with such crimes typically face some of the harshest penalties in Louisiana, including life imprisonment or the death penalty.

Notably, Louisiana does not categorize felony crimes by class or degree. Instead, the state designates specific offenses as "first-degree" within each statute. These include first-degree murder (La. R.S. § 14:30), first-degree robbery (La. R.S. § 14:64.1), and first-degree rape (La. R.S. § 14:42). Each felony has its own penalties and is not part of a larger category. Title 14 of the Louisiana Revised Statutes details specific felony crimes and their sentencing terms.

Public Access to First Degree Felony Records in Louisiana

Under the Louisiana Public Records Law (La. R.S. 44:1), criminal conviction records, including first-degree felonies, are generally accessible to the public unless specifically exempted by state legislation or court order.

Requesters may access non-restricted Louisiana first-degree felony records through a Clerk of Court's Office (in person or via mail), online via Clerk Connect/eClerks, or parish public terminals (available in some courthouses). Other available options include obtaining certified criminal history records through the Louisiana State Police or third-party websites.

Access Options

• Clerk of Court: Interested parties may visit the parish district clerk's office where the case was heard. Such offices usually offer in-person access to criminal records, such as court minutes and dockets. Requesters are often required to pay to copy such records.
• State Court System: Individuals who sign up for a paid subscription on Clerk Connect may search and print available felony records from most Clerk of Court Offices in Louisiana.
• Parish Public Terminals: Some courthouses provide information seekers with public access terminals where they may view public conviction records for free. However, copying charges may apply.
• Louisiana State Police—Criminal Histories ("Right to Review"): By making a fingerprint submission through the Louisiana Applicant Processing System (LAPS) and paying a processing fee.
• Third-Party Websites: Requesters may also obtain Louisiana’s first-degree felony records via third-party websites for a fee. Third-party platforms provide users with remote access to public felony records from any location. However, the operations of such sites are not regulated by government agencies, so the availability and accuracy of records on these platforms cannot be guaranteed.

Note: Juvenile, sealed or expunged records, adoption records, and guardianship records are inaccessible to the public.

Common Crimes Classified as First Degree Felonies in Louisiana

Typically, Louisiana does not classify felony offenses by class or degree. Nonetheless, some common first-degree crimes recognized by the state law include first-degree murder, first-degree robbery, aggravated kidnapping, and aggravated rape (first-degree rape).

Crime statistics from the National Incident-Based Reporting System (NIBRS) revealed that Louisiana law enforcement agencies recorded 15,895 cases of aggravated assault statewide between January and December 2024. A breakdown of the figures showed that the crime was most prevalent in homes and residences, with 59% (9,413) of recorded cases. Next were highways, roads, streets, and parking lots and garages with 5% (805). Other locations include jails, prisons, and correctional facilities with 3% (506), and unknown sites with 2% (361).

Prison Sentences and Fines for First Degree Felonies in Louisiana

Louisiana does not generally classify first-degree offenses and instead labels specific crimes as “first-degree” within each law. Consequently, the sentences and fines for these crimes also differ.

Under Louisiana law, individuals who commit first-degree murder (premeditated or aggravated homicide) face the harshest penalties. These include life imprisonment without parole or the death penalty, especially in cases involving felony-murder or other aggravating factors.

First-degree rape and aggravated kidnapping have identical punishments, both carrying life imprisonment at hard labor without the possibility of parole, probation, or suspension of sentence.

In Louisiana, first-degree felony convictions usually lead to life imprisonment (sometimes without parole) or the death penalty. The focus of these penalties is primarily on incarceration, with little emphasis on fines.

What is the Maximum Sentence for a First Degree Felony in Louisiana?

The maximum sentence for first-degree felonies such as first-degree murder, first-degree rape, or aggravated kidnapping under Louisiana law is life imprisonment at hard labor without the possibility of parole, probation, or suspension of sentence. For first-degree murder (La. R.S. § 14:30), the sentence may include the death penalty if aggravating circumstances are proven and the prosecution requests it. The use of weapons, causing harm to law enforcement officers, or repeated offenses (under Louisiana's habitual offender statute) may also increase the severity of the sentence.

What is First Degree Murder in Louisiana?

Louisiana R.S. § 14:30 defines first-degree murder as intentionally killing another person under specific aggravating circumstances. This includes killing someone during the commission or attempted commission of another felony (such as rape, kidnapping, or robbery), killing a law enforcement officer, or engaging in a contract killing, among others.

In Louisiana, the law classifies first-degree murder as a capital offense with specific sentencing guidelines. The punishment for first-degree murder includes life imprisonment at hard labor without parole, probation, or suspension of sentence, or the death penalty if aggravating factors are proven and the prosecution requests it.

The death penalty is what sets first-degree murder apart from other serious felonies, such as first-degree rape or aggravated kidnapping, which also carry life sentences.

Note: “First-degree” is different from “first-degree felony”. Louisiana does not categorize crimes by degrees or classes of felony. Instead, the state defines each offense individually with its own penalties.

Can First Degree Felony Records Be Sealed or Expunged in Louisiana?

In Louisiana, first-degree felonies (such as first-degree rape, first-degree murder, and aggravated kidnapping) are some of the most grievous crimes in the state and do not qualify for expungement under the Louisiana Code of Criminal Procedure.

Louisiana law defines the expunging of records as removing arrest or conviction information, including photographs, fingerprints, and dispositions, among others, from public access. Convicted offenders in the state are only eligible for expungement if:

• The courts annulled or set aside their felony convictions, and the prosecution was formally dismissed
• Ten years have passed since the offender completed their sentence, deferred adjudication, or probation/parole.
• The intending applicant does not have any other pending felony charges against them at the time of applying for an expungement order.

Typically, Louisiana does not permit the expungement of serious felonies, but there may be exceptions. For example, an individual who has carnal knowledge of a juvenile (misdemeanor offense) may be eligible for expungement if the sex crime occurred before August 15, 2001.

Difference Between First Degree and Second Degree Felonies in Louisiana

Louisiana defines felonies by specific statutes as opposed to general classifications. Nonetheless, certain crimes, such as murder, are classified as first-degree or second-degree within each statute.

Louisiana law basically defines first-degree murder and second-degree murder in the same manner: having the specific intention of killing someone or causing them "great bodily harm". However, first-degree murder is deemed as more severe than second-degree murder because it involves certain aggravating factors or circumstances. Such factors include the way the crime was committed (e.g., during a kidnapping, arson, rape, robbery, terrorism, etc.) or the targeted victims (a child under the age of 12 or a senior aged 65 or older, police officer, fireman, judge, parole/probation officer, among others).

The presence of these aggravating factors distinguishes the sentencing for first-degree murder from that for second-degree murder. First-degree murders with serious aggravating factors are punishable by death or life imprisonment without parole in capital cases, or life imprisonment without benefits in non-capital cases. In contrast, second-degree murders without aggravating factors (as outlined in the statutes) usually result in mandatory life imprisonment without parole.

Statute of Limitations for First Degree Felony Charges in Louisiana

Under La. C.Cr.P. Art. 571, there is no statute of limitations for first-degree felonies punishable by death or life imprisonment. As a result, Louisiana prosecutors may file criminal charges for first-degree rape and aggravated kidnapping (which carries a mandatory life sentence) at any time. First-degree robberies that are punishable by hard labor generally have a statute of limitations of six years. However, if the theft involves a death, there is no time limit for prosecuting such an offense.

Probation and Parole Eligibility for First Degree Felonies in Louisiana

Due to the severity of first-degree offenses, granting of probation for such crimes is rare in Louisiana. Under La. Code Crim. Proc. Art. 893, the court may defer sentencing or grant probation for a first-offense non-capital felony. However, this provision does not include first-degree felonies, especially when they involve violent crimes or sex offenses (§ 893(C)(1)(b)).

Per La. R.S. § 15:574.4, a convicted person is eligible for parole after serving 25% of their sentence. However, if the conviction is related to a violent or sex crime, they must wait until they have served 65% or even 85% of their sentence, depending on their prior convictions.

Impact of a First Degree Felony Conviction on Criminal Records in Louisiana

In Louisiana, first-degree convictions for felony crimes have serious and long-term consequences beyond lengthy jail terms. Some long-lasting implications of having a first-degree felony conviction are as follows:

• Barriers to employment: Some companies refuse to hire applicants with felony convictions. Background checks may hinder jobs in industries such as healthcare. Individuals with criminal records face employment restrictions from public safety agencies and educational institutions.
• Housing challenges: Landlords tend to decline to rent apartments to individuals with felony records. Some types of offenses may result in the denial of access to public housing programs.
• Firearm restrictions: Louisiana and federal laws prevent most convicted persons from legally owning or carrying a firearm.
• Voting rights: Individuals with felony convictions are ineligible to vote while in prison. Likewise, they cannot vote while on probation. They may, however, regain this right after the completion of their sentence.