What Is a Third-Degree Felony in Louisiana?

In Louisiana, the term “third-degree” refers to the least severe classification of a felony offense. Such crimes typically lack the extreme violence commonly found in more severe crimes. Unlike most U.S. states, Louisiana does not have a classification system for felonies. Instead, the Louisiana Statutes impose penalties on a crime-by-crime basis. Some crimes, like murder and manslaughter, may attract capital punishment, such as life imprisonment or the death penalty. In contrast, theft and a third-offense DUI may attract up to five years in jail.

Note: This guide covers all crimes that carry the least penalty, including those without the “third-degree” designation.

Common Offenses That Fall Under Third-Degree Felony Charges

In Louisiana, types of crimes typically referred to as “third-degree” may include the following:

• Third-degree feticide: Per RS 14:32.8, it is a third-degree feticide if an unborn child dies as a result of criminal negligence, accidents, drugs, or alcohol.
• Third-degree rape: A person commits third-degree rape if such person has sexual intercourse with a victim who was mentally or physically incapacitated during the act. RS 14:43.
• Theft (misappropriation without violence): Per RS 14:67, a person is guilty of theft in the degree if the misappropriated or stolen property is valued between $1,000 and $5,000.
• Simple burglary: A person commits the act of simple burglary if such person illegally enters a property with the intention to commit a felony. In this context, property could include vehicles, cemeteries, and movable or immovable structures. RS 14:62.

Penalties and Sentencing for Third-Degree Felonies in Louisiana

Penalties for third-degree felonies may include jail time and fine payments. Persons convicted of a third-degree felony may receive between one year and 25 years in prison. In addition to sentencing, the offender may pay fine amounts up to $3,000. The state law might also require the offender to pay for damages that occurred as a result of the act.

Louisiana statutes impose penalties on a crime-by-crime basis. Nevertheless, these penalties are still based on the crime severity. A third-degree rape conviction attracts up to 25 years in a state jail, while theft may incur a maximum of a 5-year sentence. The number of prior convictions also determines the severity of an imposed penalty. A third conviction or more for a DWI offense attracts the following penalties:

• A 5-year maximum sentence
• A $2,000 fine
• A 3-year driver’s license suspension.

The state courts might offer probation as an alternative to prison sentences. These probations come with conditions, which must be fulfilled before the court dismisses the case. Conditions may include completing services or paying restitution fees.

Will You Go to Jail for a Third-Degree Felony in Louisiana?

In Louisiana, you are likely to receive jail time for third-degree felonies. The jail term may vary depending on the severity of the crime and its impact on lives and property. Case in point: you get up to 5 years in jail for theft of property valued between $1,000 and $5,000. However, the jail term is 20 years maximum for stolen property valued at $25,000 or more.

There is also a possibility that you will receive probation instead of a prison sentence. First-time offenders and persons on trial for less severe crimes are likely to receive probation. The court may offer probation if the program is deemed more beneficial than a prison sentence.

How Long Does a Third-Degree Felony Stay on Your Record?

A third-degree felony record stays on your file for life unless it is expunged or sealed. These records are also publicly accessible and might lead to severe and lasting consequences for the record subject. For instance, record subjects may struggle to secure employment in security-sensitive industries, such as finance and healthcare. Employers in these industries screen out applicants with criminal backgrounds in sex- or violence-related crimes. Other consequences of third-degree felonies include the following:

• Lower chances of renting or purchasing properties in specific neighborhoods.
• Lower chances of getting a visa to other countries.
• Temporary or permanent loss of civil rights, such as the right to vote or to own firearms.

Note: Expungement or record sealing offers an option to remove records from publicly accessible domains.

Can a Third-Degree Felony Be Sealed or Expunged in Louisiana?

Under the Louisiana statutes, you may expunge non-conviction or conviction records of third-degree felonies under these conditions:

• It has been more than 10 years since completing the prison sentence or other court-imposed conditions.
• The case was dismissed, and the prosecution was dropped.
• You were entitled to receive a first-offender pardon for a non-violent crime.

However, crimes of violence are not eligible for expungement in Louisiana. The state’s statutes also prevent the expungement of sexual crimes against minors.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Louisiana’s third-degree felonies have the least severity in comparison with first- and second-degree felonies. These crimes often occur as a result of negligence or recklessness, as in the case of third-degree feticide. In addition, third-degree carries lighter penalties. Sentences for third-degree felonies may range from one year to 25 years in state jail.

In contrast, first-and second-degree felonies are more severe. Such crimes reveal an intention or malicious intent to cause severe injury or death. Examples of first-and second-degree crimes include murder, rape, and acts of terrorism. These crimes may carry penalties, including life imprisonment.

How to Look Up Third-Degree Felony Records in Louisiana

There are multiple options for looking up third-degree felony records in Louisiana. Record seekers may opt to view the records online via official repositories. For instance, the Louisiana Clerks Association hosts an online searchable database for all third-degree case files, dockets, and certificates. Interested parties may view records by selecting the county name and filling out the required information. The Louisiana Fifth Circuit Court of Appeals also hosts an online searchable portal for cases heard at the courthouse.

Alternatively, you may obtain physical copies of court documents from the clerk of the courthouse that heard the case. The court clerks may allow mail-in or in-person requests for records in their custody. Please note that clerks may charge fees for retrieving requested court documents.

Probation and Parole for Third-Degree Felony Offenders

Per RS 15:574.4, persons convicted of third-degree felonies may be eligible for parole after completing 25% of their prison sentence. However, this statute does not apply to persons serving time for sex crimes or crimes of violence. In such cases, offenders must complete 75% of their sentence before they are eligible for parole. Probation in Louisiana is an alternative to prison sentences. The court judge determines eligibility for parole after considering factors such as the severity of the crime, prior convictions, and the impact of the crime on society.