On this page
- How does Louisiana define a felony?
- What are common examples of each in Louisiana?
- Do you get a jury trial for a misdemeanor in Louisiana?
- How do felony jury trials work?
- How long does the state have to prosecute a felony vs. a misdemeanor?
- How does a felony affect your record, gun rights and future?
- Can a felony be reduced or set aside?
- Should you hire a lawyer for a misdemeanor?
- What should you do if you are not sure how you were charged?
How does Louisiana define a felony?
Louisiana defines a felony by the possible punishment, not by the name of the crime. Under La. R.S. 14:2, a felony is any crime punishable by death or by imprisonment at hard labor. A misdemeanor is any other crime.
This leads to a rule many people miss: if a statute says a crime can be punished "with or without hard labor," it is a felony, even if the judge never orders hard labor. What matters is what the law allows, not the sentence you actually get. A person who receives probation on a felony still has a felony conviction unless it is later set aside. So reading the exact statute in your charging papers is the first step to knowing what you face.
What are common examples of each in Louisiana?
The same kind of conduct can be a misdemeanor or a felony depending on the facts, the amount involved or your record:
| Charge | Usually a misdemeanor when... | A felony when... |
|---|---|---|
| DWI | 1st or 2nd offense | 3rd or later offense within the lookback period |
| Theft | Value under $1,000 (up to 6 months) | $1,000 or more (up to 5, 10 or 20 years), or under $1,000 with two prior theft convictions |
| Battery | Simple battery (up to 6 months) | Second degree battery, causing serious bodily injury (up to 8 years) |
| Domestic abuse battery | 1st offense (30 days to 6 months) | 2nd offense or later, or with certain aggravating facts |
| Marijuana possession | Over 14 grams, 1st or 2nd offense | 3rd or later offense, or possession with intent to distribute |
| Illegal carrying of weapons | 1st offense (up to 6 months) | 2nd offense (up to 5 years with or without hard labor) |
Because prior offenses can move a charge from misdemeanor to felony, checking the dates and records of any priors is one of the first things a defense lawyer does.
Do you get a jury trial for a misdemeanor in Louisiana?
Usually not. Under Article 779, a misdemeanor is tried by a jury only if it is punishable by more than 6 months in jail or a fine of more than $2,500. A 2026 law (Act 192) raised the fine threshold from $1,000 to $2,500. In those cases, the jury has 6 people and must be unanimous.
Most common misdemeanors, including first and second DWI and simple battery, top out at 6 months and $1,000, so a judge alone decides guilt or innocence. That puts a premium on careful motion work and cross-examination in front of that judge.
How do felony jury trials work?
Every felony defendant has a right to a jury trial, and every felony verdict must now be unanimous. Louisiana changed its constitution in 2018 to require unanimous verdicts for offenses committed on or after Jan. 1, 2019. In 2020, the U.S. Supreme Court held in Ramos v. Louisiana that the Sixth Amendment requires unanimity in all state felony trials.
The size of the jury depends on the punishment. Cases that must be punished at hard labor use 12 jurors. Cases where hard labor is possible but not required use 6 jurors. Barry Ranshi has served as both a first chair and second chair trial prosecutor and as a defense trial attorney, so he understands jury selection and trial strategy from both sides.
How long does the state have to prosecute a felony vs. a misdemeanor?
Louisiana sets time limits for starting a prosecution and for bringing a case to trial. Felonies get more time:
- To start a prosecution: 6 years for felonies that must be punished at hard labor, 4 years for other felonies, 2 years for misdemeanors punishable by jail, and 6 months for fine-only misdemeanors. Crimes punishable by death or life have no limit.
- To begin trial after charges are filed: 2 years for non-capital felonies and 1 year for misdemeanors.
- To formally charge someone held in jail: 60 days for a felony and 30 days for a misdemeanor.
These deadlines have exceptions and can be paused in some situations, so a lawyer should check how they apply to your case. When a deadline has truly passed, a motion to quash can end the prosecution.
How does a felony affect your record, gun rights and future?
A felony conviction has consequences that last well beyond the sentence:
- Expungement takes longer. A misdemeanor conviction can usually be expunged after 5 clean years. A felony generally requires 10 clean years, and many felonies, such as crimes of violence and most drug distribution offenses, cannot be expunged at all.
- Gun rights. A conviction for a crime of violence, burglary, a felony drug offense, a sex offense or other listed felonies bars firearm possession for 10 years after you finish your sentence. Violating that ban carries 5 to 20 years at hard labor.
- Future charges. Felony convictions can be used to enhance later sentences.
- Work and housing. Felony records often show up in background checks for jobs, apartments and professional licenses.
Our Louisiana expungement guide explains the rules for clearing a record. Planning for these consequences early, while the case is still open, gives you the most options.
Can a felony be reduced or set aside?
Often there are paths that avoid a permanent felony conviction. A prosecutor may agree to reduce a felony to a misdemeanor, depending on the evidence and your record. For an eligible first felony offense, a judge can defer the sentence under Article 893 and, after probation is completed, set aside the conviction and dismiss the case. Misdemeanors have a similar tool under Article 894.
Article 893 is not available for crimes of violence, sex offenses involving a victim under 17 or drug offenses punishable by more than 10 years. Our guide to Article 893 and 894 set-asides explains how this works.
Should you hire a lawyer for a misdemeanor?
In most cases, yes. A misdemeanor is still a criminal conviction. It can mean jail time, probation, fines and a record that shows up on background checks. Some misdemeanors carry hidden consequences, such as the lifetime federal firearm ban that follows a domestic violence misdemeanor, or license suspensions that follow a DWI. And because most misdemeanors are decided by a judge without a jury, the details of how the case is presented matter.
Barry Ranshi focuses only on criminal defense, handling both felonies and misdemeanors. He is a former Orleans Parish prosecutor and public defender. Call (504) 905-8399 for a free, confidential consultation. We answer 24/7.
What should you do if you are not sure how you were charged?
Look at your paperwork for the statute number, such as "R.S. 14:67" for theft or "R.S. 14:98" for DWI. That number tells a lawyer which penalty range applies. If you do not have the paperwork, the court or the jail can usually tell you the listed charges.
Keep in mind that the charge on the booking sheet may change once the district attorney formally charges the case. It can be raised, lowered or dropped. If you want help reading your charges, call The Barry S. Ranshi Law Firm at (504) 905-8399. You can also start with our guide on what to do after an arrest in Louisiana.