Being charged with a felony in Louisiana is one of the most serious legal situations a person can face. Unlike misdemeanors, felony convictions carry the possibility of hard labor sentences in state prison, permanent loss of civil rights, and consequences that follow you for the rest of your life. If you or someone you love has been arrested and is facing felony charges in Louisiana, understanding what comes next — and acting quickly — is critical.
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## What Makes Something a Felony in Louisiana?
Louisiana law defines a felony as any crime for which the sentence may be **imprisonment at hard labor**, or **death**. This distinguishes felonies from misdemeanors, which are punishable by up to two years in a parish jail.
In practical terms, Louisiana felonies include:
- **Violent crimes** — aggravated assault, armed robbery, manslaughter, murder
- **Drug offenses** — distribution, possession with intent, trafficking
- **Sex offenses** — rape, sexual battery, crimes against children
- **Property crimes** — felony theft (over $1,000), burglary, arson
- **White collar crimes** — fraud, embezzlement, identity theft
- **Weapons offenses** — illegal use of a weapon, felon in possession of a firearm
- **DWI** — a third or subsequent DWI offense in Louisiana is charged as a felony
The specific charge — and the potential sentence — depends on the nature of the offense, any aggravating factors, and whether the defendant has prior convictions.
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## Felony Classes in Louisiana: How Sentences Are Structured
Louisiana does not use a lettered classification system (Class A, Class B, etc.) the way some other states do. Instead, each criminal statute specifies its own sentencing range. This means the potential penalty varies significantly from charge to charge.
As examples:
| Offense | Potential Sentence |
|---|---|
| Simple burglary | Up to 12 years at hard labor |
| Armed robbery | 10–99 years at hard labor, without parole |
| Distribution of cocaine | 2–30 years at hard labor |
| Aggravated rape | Life imprisonment at hard labor |
| Felony DWI (3rd offense) | 1–5 years, with or without hard labor |
Because sentences are offense-specific and can be dramatically increased by prior convictions, habitual offender status, or aggravating circumstances, having an attorney who understands Louisiana's sentencing framework is essential from day one.
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## The Louisiana Felony Process: What to Expect
### 1. Arrest and booking
After arrest, you will be booked into the parish jail. You will be photographed, fingerprinted, and processed. At this stage, **say nothing beyond identifying yourself.** Anything you say can and will be used against you. Ask for a lawyer immediately.
### 2. First appearance and bail
Within 72 hours of arrest, you will appear before a judge for a first appearance. The judge will advise you of the charges and set bail — or deny it. Bail conditions in felony cases can be significant. An attorney can argue for reasonable bail and conditions at this stage.
### 3. Preliminary examination or grand jury
In Louisiana, serious felony charges — particularly those that may result in life imprisonment — may be presented to a grand jury. The grand jury reviews the evidence and decides whether there is probable cause to indict. For other felonies, a preliminary examination before a judge may be held instead.
### 4. Arraignment
If indicted or formally charged by bill of information, you will be arraigned — formally read the charges and asked to enter a plea. Most defendants plead not guilty at arraignment, which is the appropriate response in virtually all cases while your attorney evaluates the evidence.
### 5. Pre-trial motions and discovery
This is often where cases are won or lost before they ever reach trial. Your attorney will review the evidence, investigate the facts, and file motions to suppress illegally obtained evidence, challenge probable cause, or dismiss defective charges. Many cases are resolved favorably at this stage through motions practice.
### 6. Trial or plea negotiation
If no pre-trial resolution is reached, the case proceeds to trial. Louisiana felony defendants have the right to a jury trial. Alternatively, your attorney may negotiate a plea agreement with the prosecution — reducing charges, securing a favorable sentence, or obtaining probation in lieu of incarceration.
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## The Article 701 Deadline — And Why It Matters
Louisiana's Code of Criminal Procedure Article 701 establishes strict time limits within which the state must bring a defendant to trial. For felonies, the state generally has:
- **120 days** from arrest to trial if the defendant is being held in custody without bail
- **240 days** from arrest to trial if the defendant has been released on bail
These are not guidelines — they are hard deadlines. If the state fails to bring a defendant to trial within the applicable time limit and the delay is not the defendant's fault, the charges **must be dismissed**.
Monitoring Article 701 deadlines is one of the most powerful procedural tools available to a criminal defense attorney in Louisiana. It requires careful tracking from the moment of arrest and aggressive action when the deadline approaches.
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## Consequences of a Felony Conviction in Louisiana
A felony conviction in Louisiana does not just mean time in prison. The collateral consequences are significant and long-lasting:
- **Loss of voting rights** during incarceration (restored upon release in Louisiana)
- **Loss of the right to own or possess a firearm** — permanently under federal law
- **Sex offender registration** for qualifying offenses
- **Driver's license suspension** for drug and DWI convictions
- **Immigration consequences** — felony convictions can trigger deportation proceedings for non-citizens
- **Employment barriers** — many employers conduct background checks, and felony records are visible
- **Housing restrictions** — public housing and many private landlords screen for felony convictions
- **Professional license revocation or denial** — attorneys, nurses, contractors, and others may lose or be denied licensure
These collateral consequences often outlast any prison sentence. They are another reason why having skilled legal representation — and fighting the charges aggressively — matters far beyond the courtroom.
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## Can a Felony Conviction Be Expunged in Louisiana?
Louisiana law does allow for the expungement of certain felony convictions, but eligibility is limited. Generally, a person must:
- Have completed all terms of their sentence, including probation and parole
- Wait a specified period after completion (typically 5 years for felonies)
- Not have other disqualifying convictions
Crimes of violence and sex offenses are generally not eligible for expungement. Even for eligible convictions, expungement removes the record from public access — it does not legally erase the conviction for all purposes.
An experienced Louisiana criminal defense attorney can advise you on whether you or a loved one may be eligible for expungement.
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## Facing Felony Charges in Louisiana? Early Action Is Everything.
The decisions you make in the hours and days after a felony arrest can shape the entire trajectory of your case. Talking to investigators without an attorney, waiving your right to a preliminary examination, or waiting too long to retain legal counsel can all be costly mistakes.
**Stephen D. Hébert has represented clients facing serious felony charges throughout Louisiana for years** — in Orleans Parish, Jefferson Parish, Plaquemines Parish, St. Bernard Parish, St. Charles Parish, and federal court. He is available 24/7, because arrests don't happen on business hours.
If you or a loved one is facing felony charges in Louisiana, call or text **504-250-6020** for a free consultation. There is no charge to speak with Stephen, and the conversation you have today could change the outcome of your case.
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*Stephen D. Hébert, LLC handles criminal defense matters throughout Louisiana, with offices in New Orleans (700 Camp Street, Suite 216) and Gretna (230 Huey P Long Avenue #201). Named a Super Lawyer ten times. AV Preeminent rated by Martindale-Hubbell.*
*This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.*