Misdemeanor vs. Felony in Louisiana: What’s the Difference?

Like most states, Louisiana divides criminal offenses into two categories: misdemeanors and felonies. Both offenses can significantly affect your life if you are convicted. Knowing the differences between a misdemeanor vs. felony in Louisiana can better prepare you if you or someone you love is facing these charges. Both types of offenses can result in fines and potential time in jail or prison, but the severity of these penalties varies.

In Louisiana, felonies and misdemeanors are defined as follows:

1. A felony is a criminal offense that results in sentencing of death or imprisonment with hard labor.
2. A misdemeanor is any other criminal offense that is not a felony.

Both offenses will result in a criminal record, which can lead to numerous collateral penalties. You may lose certain rights, such as being allowed to vote or own firearms. You may also face difficulties in pursuing certain opportunities, such as employment or education.

What Is a Louisiana Misdemeanor?

Misdemeanors carry less severe penalties than felonies, but they still should not be taken lightly. Every misdemeanor offense has its own listed penalties associated with it. These offenses can carry some of the following penalties:

• Fines
• Jail time
• Community service
• Probation

Not all misdemeanors will result in a served jail sentence, even if jail time is possible. Judges are more likely to be lenient and assign probation penalties if the offense is non-violent and/or it is the offender’s first criminal offense.

What Are Common Misdemeanors?

Some of the offenses classified as misdemeanors in Louisiana include:

• Petty Theft: This is a misdemeanor when the value of the stolen items is less than $1,000 and the theft occurs without violence. It can result in time in jail and fines.
• Simple Marijuana Possession: Certain possession charges of marijuana are misdemeanors, including possession of 14 grams or fewer of marijuana. A first offense for possession of more than 14 grams is also usually charged as a misdemeanor.
• Simple Criminal Damage to Property: If the damage is not done with fire or an explosion and the value of the damage is less than $1,000, then this is a misdemeanor punishable by jail time and a fine.

Other misdemeanor offenses in Louisiana include:

• Criminal mischief
• Disturbing the peace
• Auto theft valued at less than $1,000
• First and second offense of driving while intoxicated (DWI)
• First offense of violating a protective order
• Simple assault
• Simple battery
• Domestic battery

What Is a Louisiana Felony?

Felonies are more serious offenses with more severe penalties, including:

• Higher fines
• Imprisonment in a state prison
• The death penalty for certain capital offenses
• The loss of certain rights, such as the right to own firearms

While certain felony offenses are categorized by degrees, Louisiana does not broadly categorize felonies. Instead, each criminal offense has its own penalty.

What Are Common Felonies?

Some felony offenses in Louisiana include:

• Carjacking: Carjacking is the use of force or intimidation to take someone’s motor vehicle, and results in at least a minimum imprisonment term of hard labor. If the offense results in serious bodily injury, the imprisonment term is longer.
• Arson: Simple arson results in fines and imprisonment with hard labor if the damage from the arson is $500 or more. If the damage is under $500, then the penalties include fines and/or imprisonment with or without hard labor.
• Repeat and/or Aggravated DWI: Any additional DWI charge within ten years considers prior DWIs as a prior offense. A third-offense DWI with no aggravating factors resulting in fines and imprisonment with or without hard labor.

Other felony offenses include:

• Armed robbery
• Kidnapping
• Rape
• Manslaughter
• Murder

Offenses punished with or without hard labor are still considered felonies, even if the individual is sentenced without hard labor.

FAQs

Q: What Is the Difference Between a Misdemeanor and a Felony in Louisiana?

A: The main difference between a misdemeanor and a felony in Louisiana is that a felony is punishable with hard labor and a misdemeanor is not. Felonies are more serious offenses with significant fines and the potential for years of imprisonment. Felonies are either served in prison with hard labor or jail with or without hard labor, depending on the offense. Misdemeanors tend to have months in jail and lower fines. Both offenses result in a criminal record.

Q: Do Most Misdemeanors Result in Jail Time?

A: Most misdemeanors have the possibility of jail time in Louisiana, but this does not always mean that jail time will be part of the penalties. Misdemeanor offenses may have up to a certain potential sentence, such as up to six months. While the individual could serve the full six months, it is also possible that a lower or no jail sentence will be served. Instead, they may serve parole, probation, or another alternate sentence. This is more likely if it is a first offense.

Q: What Is the Punishment for a Misdemeanor in Louisiana?

A: The punishment for a misdemeanor in Louisiana depends on the offense, and it may include a fine, jail time, probation, parole, and/or community service hours. Most misdemeanors in Louisiana have jail sentences of varying lengths. Penalties for misdemeanors are not as severe, but you should never take these offenses lightly. A conviction can still significantly harm your future.

Q: What Is the Most Common Misdemeanor?

A: There are many commonly committed misdemeanors in Louisiana, including:

• Possession of personal-use marijuana
• Defacing property with graffiti
• Disturbing the peace
• Petty theft
• Cyberbullying
• Violating a protective order
• First-offense DWI
• Second-offense DWI
• Assault
• Domestic battery

Aggravating factors in some of these crimes can elevate them to felony offenses, such as prior convictions, property damage, theft of items over a certain value, or the use of a dangerous weapon.

Defending Your Future Against Criminal Charges

Whether you are facing a misdemeanor or a felony offense, the consequences can be serious. You can lose a lot, both from immediate criminal penalties and the collateral consequences of having a criminal record. It is essential that you protect your rights and contact Longman Jakuback for experienced and diligent criminal defense. We want to secure the most beneficial outcome to your case.