What is a Second Degree Felony in Louisiana?

Louisiana does not have a general system of felony classes or degrees like some other states. Instead, Louisiana statutes allocate degrees to certain types of crimes to indicate their seriousness. As such, second-degree murder (La. R.S. 14:30.1), second-degree battery (La. R.S. 14:34.1), and second-degree rape (La. R.S. 14:42.1) are the equivalent of second-degree felonies in Louisiana.

Under Louisiana Revised Statutes 14:2(4), a “felony” is defined as any crime for which an offender may be sentenced to death or imprisonment at hard labor. A second-degree crime in Louisiana is a felony that is less serious than a first-degree version of the same offense but more serious than a third-degree crime or a misdemeanor. For example, a second-degree murder is less serious and less punishable than a first-degree murder but is far more serious than manslaughter (a lesser felony), petty theft, or simple assault (misdemeanors).

Which Crimes Are Considered Second-Degree Felonies in Louisiana?

In Louisiana, second-degree crimes are the statutory equivalent of second-degree felonies (as is the case in other states). These felony crimes, as specified in the Louisiana Revised Statutes, are, but are not limited to:

• Second-degree murder (LRS 14:30.1)
• Second-degree feticide (LRS 14:32.7)
• Second-degree battery (LRS. 14:34.1)
• Aggravated second-degree battery (LRS 14:34.7)
• Second-degree rape (LRS 14:42.1)
• Second-degree sexual battery (LRS 14:43.2)
• Second-degree kidnapping (LRS 14:44.1)
• Second-degree robbery (LRS 14:64.4)
• Second-degree cruelty to juveniles (LRS 14:93.2.3)

What is Second Degree Murder and How is it Classified in Louisiana?

Second-degree murder is defined under LRS 14:30.1 as the killing of a human being in these circumstances:

1. When the offender has a specific intent to kill or inflict great bodily harm;
2. During the perpetration or attempted commission of certain crimes, including aggravated or first-degree rape, second-degree rape, aggravated arson, aggravated burglary, and armed robbery, with no intent to kill or to inflict harm;
3. When the offender unlawfully distributes a controlled dangerous substance that directly causes the death of the consumer;
4. When the offender distributes a controlled dangerous substance to another person who subsequently dispenses the substance, causing the death of the consumer.

In Louisiana, second-degree murder is a serious offense punishable by life imprisonment without parole, probation, or suspension of sentence (per LRS 14:30.1(B)). Typically, second-degree murder is less serious than first-degree murder because the latter is premeditated with a cruel intent to kill or inflict great bodily harm under different circumstances as listed in La. R.S. 14:3, which is the reason for the more severe punishment of death or life imprisonment.

In contrast, second-degree murder is more serious than manslaughter, which is homicide without intention to kill or inflict great bodily harm, often resulting from actions committed in sudden passion or heat of blood during provocation or during crimes where death was not in any way intended. Consequently, the punishment for manslaughter is imprisonment at hard labor for not more than 40 years, which is far less than that of second-degree murder.

Louisiana Second Degree Felonies Penalties and Punishments

In Louisiana, the penalties and punishments for second-degree crimes vary depending on the crime, prior convictions, and certain aggravating factors. Typically, based on state law, prison sentences range from 3 years to life imprisonment, fines of $2000.00 to $10,000, and additional punishments like 'no parole, probation, or suspension of sentence.

For example, second-degree battery is punishable by up to 8 years imprisonment with or without labor and fines of no more than $2,000.00, or both (LRS 14:34.1(C)). On the other hand, the punishment for second-degree robbery is imprisonment at hard labor for a minimum of 3 years and a maximum of 40 years; however, upon second or subsequent conviction within ten years of the previous, the minimum prison time is increased to 5 years, and if a firearm was used, another 5 years is added to the prison sentence without without parole, probation, or suspension of sentence if a firearm is used (LRS 14:64.4).

The table below summarizes the prison time, fine, and other penalties for second-degree crimes (felonies) in Louisiana.

Are Second Degree Felony Records Public in Louisiana?

In Louisiana, second-degree crime records, such as those for second-degree murder, are public as court records under the Louisiana Public Records Law (LRS 44:1 et seq.). These records, including case files and trial transcripts, are open to public inspection and copying from the custodians. Arrest records are also public and accessible. Also, the Clerk of Court's Office in each parish in Louisiana handles requests for local criminal background checks in the state. Note that information or records deemed confidential under the law, such as sealed records, juvenile records, victim/witness information, etc., will be redacted or restricted from disclosure to protect privacy, victim rights, and public safety.

However, criminal history records maintained by the Louisiana Bureau of Criminal Identification and Information (BCII) are not publicly available. Under LRS 15:588, only the record subject may request a review or certified copy of their criminal record. Authorized criminal and non-criminal justice agencies, as defined in LRS 15:587, can also access these records (including arrests, dispositions, and incarceration) via the Louisiana Computerized Criminal History System (LACCH).

How to Access Second Degree Felony Court Records in Louisiana

• Online Portal: Second-degree felony (e.g., second-degree murder, second-degree battery) court records are available and accessible to the public in Louisiana online through the eClerks Portal, a statewide portal of records maintained by the Clerks of Courts in each parish. The portal features a “criminal search” option that allows the public to search for criminal court records across Louisiana parishes. Search criteria include case number and defendant name. Users can register and search the eClerks portal for free; however, they may be charged a fee to view or print documents.
• At the Court: Furthermore, interested parties can request these records directly in person from the local district court where a criminal case was filed. For example, a person can visit the Orleans Parish Criminal District Court (located at 2700 Tulane Avenue, New Orleans, LA 70119) on Monday through Friday from 8:00 a.m. to 4:00 p.m. to request an inspection or copies of a felony case record.
• Via Mail or Phone Order: Additionally, requests may be submitted by mail, fax, or phone to request felony case documents from the Clerk of Court’s Office in each parish where a case was handled. For example, individuals can contact the Lincoln Parish Clerk of Court or the Orleans Parish Clerk of Court to request criminal court records, including dispositions and background checks.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In Louisiana, second-degree crime charges (e.g., second-degree battery and second-degree robbery) can be reduced or dismissed. The defendant's attorneys may negotiate a plea deal or plea bargain in which the defendant pleads guilty to less serious charges in exchange for the prosecution withdrawing or reducing the original charge to a less serious offense. Beyond occurring as part of a plea bargain to avoid trial, charge reductions can happen during pretrial negotiations, before charges are officially filed, or mid-case for weak evidence.

Under CCRP 556, the court cannot accept a plea of guilty without first addressing the defendant in open court to ensure the plea is voluntary and the defendant understands the charges and the rights being waived. Generally, factors that determine whether a charge can be reduced or not include the strength of evidence, the defendant’s prior criminal record, procedural errors like illegal search or arrest, the prospect of conviction at trial, the victim’s willingness to drop charges, and the quality of legal representation. Defendants are advised to always have or consult a lawyer before accepting any plea deal.

On the other hand, the defendant’s attorney can file a motion to dismiss or quash the charges under CCRP 532 and CCRP 35 if:

• The indictment fails to state a valid offense or violates procedural rules
• The court lacks jurisdiction
• The time limit for prosecution or trial has expired
• There’s a misjoinder of offenses or defendants
• The charge is not punishable under a valid law

Other reasons to file a motion to dismiss a charge include weak evidence, violation of civil rights, and lack of witnesses. Additionally, in Louisiana, prosecutors can enter a nolle prosequi, in which they voluntarily drop or dismiss criminal charges against a defendant.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Louisiana?

The possibility of expungement or sealing in Louisiana depends on the crime. Under Louisiana law, records of violent offenses, including sex crimes and certain serious second-degree felonies like second-degree murder, cannot be expunged or sealed. However, non-violent felony charges that did not result in a conviction (e.g., dismissed or acquitted) can be expunged. Furthermore, individuals convicted of non-violent second-degree felonies (e.g., second-degree robbery and second-degree battery) can expunge their records after completing their sentence, including any probation or parole, and a 10-year period has passed without further convictions.

Eligible individuals may file a motion to expunge or seal with the court in the parish of the case or conviction. Alternatively, they may request automated expungement from the Louisiana Bureau of Criminal Identification and Information for acquitted or dismissed felony charges under CCRP 985.2.

How Long Do Second Degree Felony Records Stay Public in Louisiana?

In Louisiana, second-degree crime records (e.g., second-degree murder, second-degree battery, second-degree rape) remain open for public access forever unless expunged. Individuals may seek expungement if they were acquitted, had charges dismissed, or had convictions set aside. Convicts of felony offenses like second-degree battery can also seek expungement 10 years after completing their sentences. However, convicts of certain felonies, including violence-related and sex-related felonies, cannot seek expungement. Under CCRP 985.2, a defendant may submit a request through the Louisiana Bureau of Criminal Identification and Information for automated expungement of their qualifying records (i.e., dropped, acquitted, or dismissed charges).