Felony vs Misdemeanor in Louisiana: Sentences and Probation (2026)

Louisiana does not divide crimes into felony or misdemeanor classes. Under La. R.S. 14:2(A)(4), a felony is "any crime for which an offender may be sentenced to death or imprisonment at hard labor," and under R.S. 14:2(A)(6) a misdemeanor is "any crime other than a felony," so each offense statute sets its own sentence and the words "at hard labor" (or "with or without hard labor") are what make a crime a felony.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers Louisiana's felony and misdemeanor definitions (La. R.S. 14:2 and La. C.Cr.P. art. 933), the habitual offender law (R.S. 15:529.1), and the probation and revocation articles of the Code of Criminal Procedure (arts. 893, 894, 894.1, 900 and 901), as amended through the 2026 Regular Session. It does not cover the penalty for every individual offense (see the theft and assault pages linked below), parole eligibility, the time limits for filing charges, expungement, federal offense classes (covered on our felony and misdemeanor classes by state hub), or parish and city ordinances.

Felony vs misdemeanor in Louisiana

Louisiana defines the two categories by the sentence a statute allows, not by a class label. The Criminal Code's definitions section, La. R.S. 14:2(A), provides:

(4) "Felony" is any crime for which an offender may be sentenced to death or imprisonment at hard labor. ... (6) "Misdemeanor" is any crime other than a felony.

The Code of Criminal Procedure uses the same test. La. C.Cr.P. art. 933 defines a "capital offense" as "an offense that may be punished by death," a felony as "an offense that may be punished by death or by imprisonment at hard labor," and a misdemeanor as "any offense other than a felony," adding that it "includes the violation of an ordinance providing a penal sanction."

The word that matters is "may." A crime is a felony when its statute permits a hard labor sentence, so an offense punishable "with or without hard labor" is a felony even if the judge imposes a sentence without hard labor.

Does Louisiana have felony classes?

No. R.S. 14:2 and C.Cr.P. art. 933 define felonies and misdemeanors only by the death-or-hard-labor test, and neither sets lettered or numbered classes, degrees or a default felony or misdemeanor penalty. Each offense statute states its own sentence.

Theft shows how that works. Under La. R.S. 14:67(B):

These are the ranges in the theft statute alone, at the tiers shown; other offenses set their own terms, R.S. 15:529.1 sets higher ranges for repeat felony convictions, and C.Cr.P. art. 893.3 sets minimum terms when a firearm is involved, both described below. Our Louisiana theft laws page covers the remaining tiers.

At the top of the scale, first degree murder is punished by "death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence" when the district attorney seeks a capital verdict, and by life imprisonment at hard labor without those benefits when the district attorney does not (La. R.S. 14:30(C)). Second degree murder carries "life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence" (La. R.S. 14:30.1(B)). See how long a life sentence is in Louisiana.

How a Louisiana sentence is set

The judge sentences within the range the offense statute allows, subject to the enhancement laws described below. Louisiana's Code of Criminal Procedure has no sentencing grid. Article 894.1 lists considerations instead: the court "should impose a sentence of imprisonment" when, for example, "there is an undue risk that during the period of a suspended sentence or probation the defendant will commit another crime" (art. 894.1(A)(1)), and the grounds listed in art. 894.1(B), "while not controlling the discretion of the court, shall be accorded weight" in deciding on suspension of sentence or probation.

A separate article sets minimum prison terms when a firearm is involved. If the fact finder finds, or a plea agreement stipulates, that the offender actually possessed, used or discharged a firearm during a felony or one of the misdemeanors listed in art. 893.3(J) (among them theft and simple battery), the court must impose at least two, five or ten years respectively, and at least fifteen years where a firearm used or discharged during a felony caused bodily injury, up to the maximum for the underlying offense, or that maximum if it is lower (La. C.Cr.P. art. 893.3(A)-(D)). For listed violent felonies such as armed robbery and carjacking committed with a firearm, the minimum is ten years, or twenty if the firearm is discharged, "without benefit of parole, probation or suspension of sentence" (art. 893.3(E)). Any sentence under the article "shall not be suspended" (art. 893.3(F)).

The habitual offender law (R.S. 15:529.1)

Louisiana's repeat-offender statute raises the sentence for a later felony. The district attorney may file an information accusing a person convicted of a felony of a previous felony conviction, whether in Louisiana or in another state, federal court or a foreign country for a crime that would be a felony in Louisiana (R.S. 15:529.1(D)(1)(a)). The ranges are:

• Second felony. If the second felony would carry less than life on a first conviction, a determinate term of "not less than one-third the longest term and not more than twice the longest term prescribed for a first conviction" (R.S. 15:529.1(A)(1)). When both felonies are sex offenses as defined in R.S. 15:541, the range is two-thirds to three times the longest possible sentence, at hard labor, "without benefit of probation, parole, or suspension of sentence" (R.S. 15:529.1(A)(2)(a)). If the victims of both offenses were under 13 at the time, the sentence is imprisonment "for the remainder of his natural life, without benefit of parole, probation, or suspension of sentence" (R.S. 15:529.1(A)(2)(b)).
• Third felony. A determinate term of not less than one-half and not more than twice the longest possible sentence for a first conviction (R.S. 15:529.1(A)(3)(a)). If the third felony and both prior felonies are crimes of violence under R.S. 14:2(B), or sex offenses under R.S. 15:541 against a victim under 18, or any combination of those, the sentence is imprisonment "for the remainder of his natural life, without benefit of parole, probation, or suspension of sentence" (R.S. 15:529.1(A)(3)(b)).
• Fourth or later felony. If the fourth felony would carry less than life on a first conviction, a determinate term "not less than the longest prescribed for a first conviction but in no event less than twenty years and not more than his natural life" (R.S. 15:529.1(A)(4)(a)). If no prior felony is a crime of violence or a sex offense, the term is 20 years to twice the longest possible first-conviction sentence, and never less than 20 years (A)(4)(b). If the fourth felony and two of the prior felonies are crimes of violence, or sex offenses against a victim under 18, the sentence is life without parole, probation or suspension of sentence (A)(4)(c).

Every sentence under R.S. 15:529.1 "shall be at hard labor without benefit of probation or suspension of sentence" (R.S. 15:529.1(G)). If the court finds that a sentence under the section would be constitutionally excessive, it must state its reasons on the record and impose the most severe sentence that is not excessive (R.S. 15:529.1(I)). The court applies the version of the law in effect on the date of the current offense (R.S. 15:529.1(K)(1)).

Cleansing periods. An earlier felony does not count if more than five years passed between the completion of the sentence, probation, parole or suspension of sentence for that conviction and the commission of the next offense, or ten years where the current or prior offense is a crime of violence under R.S. 14:2(B) or a sex offense under R.S. 15:541. Time the person spent incarcerated, or under probation or parole supervision, in any state does not count toward either the five-year or the ten-year periods (R.S. 15:529.1(C)(1)-(2)).

Can a Louisiana felony be reduced to a misdemeanor?

Louisiana has no statute that lets a court reclassify a felony as a misdemeanor after the fact. Whether an offense is a felony depends on whether its statute authorizes a hard labor sentence (R.S. 14:2(A)(4)). Articles 893 and 894 of the Code of Criminal Procedure provide for suspending or deferring a sentence and for setting aside a conviction and dismissing the prosecution in qualifying cases, and they contain no provision that changes an offense from a felony to a misdemeanor.

Is there an infraction tier in Louisiana?

No. The Criminal Code and the Code of Criminal Procedure recognize felonies and misdemeanors only, and art. 933(4) folds ordinance violations into the misdemeanor category: a misdemeanor "includes the violation of an ordinance providing a penal sanction." The penalty for an ordinance violation is set by the ordinance itself.

Probation in Louisiana

Felony probation (C.Cr.P. art. 893)

After a first, second or third conviction of a noncapital felony, the court may suspend the imposition or execution of the sentence, in whole or in part, "where suspension is allowed under the law," and place the defendant on probation under the division of probation and parole (art. 893(A)(1)(a)).

Length. "Except as provided in Paragraphs H and I of this Article, the period of probation shall be specified and shall not be more than five years" (art. 893(A)(1)(a)). That five-year limit comes from Act 8 of the 2024 Second Extraordinary Session (House Bill 11), which changed "three" to "five" years and states: "The provisions of this Act shall only apply to offenses committed on or after August 1, 2024." For an offense committed before that date, the general limit was three years. Where the sentence is suspended under art. 893(F) for a drug or specialty court program, probation may not exceed three years, except as Paragraph H allows (art. 893(F)(4)).

Specialty courts. If the court, with the district attorney's consent, orders a defendant into a drug division program under R.S. 13:5301 or another program listed in art. 893(H), it may set probation of up to eight years when completing the program may require more than five, and "the period of probation as initially fixed or as extended shall not exceed eight years" (art. 893(H)).

When probation is barred or limited. Article 893 and related provisions contain several bars, among them:

• The court may not suspend the sentence for a second or third conviction under R.S. 14:73.5, or under R.S. 14:81.1 or 14:81.2 (art. 893(A)(1)(a)-(b)).
• The court may not suspend the sentence for an offense designated in the court minutes as a crime of violence under art. 890.3, except a first conviction for an offense with a maximum prison sentence of ten years or less that was not committed against a family member, household member or dating partner (art. 893(A)(2)).
• After a fourth or later noncapital felony conviction, suspension requires the district attorney's consent (art. 893(B)(1)).
• The court may not suspend a felony sentence once the defendant has begun serving it, except as otherwise provided by law (art. 893(D)).
• A sentence imposed under the firearm sentencing article may not be suspended (C.Cr.P. art. 893.3(F)).
• A deferred sentence is available only after conviction of a first-offense noncapital felony, and a set-aside and dismissal may occur only twice for any person (art. 893(E)(1)(a), (E)(2)); it is not available for a crime of violence designated under art. 890.3, a sex offense under R.S. 15:541 involving a child under 17, or a Uniform Controlled Dangerous Substances Law violation punishable by more than ten years, among other listed offenses (art. 893(E)(1)(b)).

Article 893 applies to noncapital felonies, and some offense statutes bar probation themselves: the murder statutes above, for example, and any sentence under the habitual offender law (R.S. 15:529.1(G)).

Misdemeanor probation (C.Cr.P. art. 894)

For a misdemeanor other than criminal neglect of family or stalking, the court may suspend the whole or part of the sentence, "provided suspension is not prohibited by law," and place the defendant on supervised or unsupervised probation. That probation "shall be for a period of two years or such shorter period as the court may specify" (art. 894(A)(1)). When a suspended sentence of more than six months is imposed, the court may place the defendant under the supervision of the division of probation and parole for not more than two years (art. 894(A)(2)). For a defendant whose case is assigned to a drug division program or a certified DWI or sobriety court program, the court may, with the district attorney's consent, set up to eight years if completing the program may require more than two (art. 894(A)(6)-(7)).

What happens after a probation violation in Louisiana

Article 900(A) lists what a court may do after a violation hearing. The options include:

• Revocation. "In the event of revocation the defendant shall serve the sentence suspended, with or without credit for the time served on probation at the discretion of the court." If imposition of sentence was suspended, the defendant serves the sentence the court imposes at the revocation hearing (art. 900(A)(5)).
• A technical violation. A defendant on probation for an offense other than a crime of violence under R.S. 14:2(B) or a sex offense under R.S. 15:541 who commits a technical violation "may be required to serve a sentence of not more than ninety days without diminution of sentence," or not more than 180 days if served in a custodial substance abuse treatment program (art. 900(A)(6)(b)). This applies only to the defendant's first revocation for a technical violation (art. 900(A)(6)(c)), and the 90-day rule comes from Act 8 of the 2024 Second Extraordinary Session, which applies only to offenses committed on or after August 1, 2024.
• Extension. The court may extend probation, but the total time on probation for any one offense "shall not exceed the maximum period of probation provided by law" (art. 900(A)(7)).

A new felony. Under art. 901(A), a defendant on probation for a felony who commits and is convicted of a new felony, in Louisiana or in another state, federal court or the District of Columbia, "shall have his probation revoked as of the date of the commission of the felony or final conviction of the felony," and no credit is allowed for time spent on probation (art. 901(C)(1)). The article does not apply to a defendant who, as an additional condition for the violation, has been ordered to complete a drug or specialty court program (art. 901(D)).

Recent changes

• 2024 (Second Extraordinary Session), Act 8 (HB 11): raised the general felony probation limit in art. 893(A) from three years to five, for offenses committed on or after August 1, 2024.
• 2025 Regular Session, Act 246 (HB 146): amended R.S. 15:529.1(C) so the cleansing periods run from the completion of the sentence, probation, parole or suspension of sentence for the earlier conviction, and excluded time spent incarcerated or under probation or parole supervision from both the five-year and the ten-year periods.
• 2025 Regular Session, Act 72 (HB 214): added drug paraphernalia offenses under R.S. 40:1023 to the list of technical violations in art. 900, and also amended art. 901.
• 2025 Regular Session, Acts 343 (HB 14) and 169 (HB 260): amended the murder statutes, R.S. 14:30 and 14:30.1.
• 2026 Regular Session, Act 520 (SB 470), effective May 29, 2026: added provisions on pregnant defendants to arts. 893(A)(5) and 894.1(B) (enacted as (B)(34), now codified at (B)(33)) and new art. 894.6. Article 894.6(A) states that it does not "authorize the suspension of sentence or probation for any offense for which such relief is otherwise prohibited by law" and does not "expand or modify eligibility for probation."
• 2026 Regular Session, Act 526: also amended art. 894.1.
• 2026 Regular Session, Act 622 (HB 158), effective August 1, 2026: amended art. 900(A)(6)(b) to allow a technical-violation sentence of up to 180 days when served in a custodial substance abuse treatment program.
• 2026 Regular Session, Act 120 (HB 102), effective August 1, 2026: enacted R.S. 14:93.3.1, second degree cruelty to the elderly and persons with infirmities, and amended R.S. 14:2, 14:30 and 14:30.1. The felony and misdemeanor definitions in R.S. 14:2(A)(4) and (6) read as quoted above.

Related legal issues

• How specific crimes are graded. Because Louisiana has no classes, each offense carries its own range. See Louisiana theft laws for theft by value and Louisiana assault and battery laws for when those offenses are misdemeanors or felonies.
• Life sentences. First and second degree murder carry life at hard labor; see how long a life sentence is in Louisiana.
• Clearing a record. For expungement rules, see Louisiana expungement laws.

Federal law attaches one consequence to the felony line: 18 U.S.C. 922(g)(1) bars firearm possession by anyone convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes a state offense "classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal side.

Related pages

• Felony and misdemeanor classes by state
• Louisiana theft laws
• Louisiana assault and battery laws
• Louisiana expungement laws
• How long is a life sentence in Louisiana?
• Mississippi felony and misdemeanor classes

This page provides general legal information about Louisiana's felony and misdemeanor definitions, habitual offender law and probation rules. It is not legal advice. For a specific situation, contact a lawyer licensed in Louisiana.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Louisiana?

A felony is any crime for which the offender may be sentenced to death or imprisonment at hard labor; every other crime is a misdemeanor (La. R.S. 14:2(A)(4), (6)). An offense punishable 'with or without hard labor' is a felony.

What are the felony classes in Louisiana?

Louisiana has none. Each offense statute sets its own sentence, for example up to 10 years with or without hard labor for theft of $5,000 to under $25,000 (La. R.S. 14:67(B)(2)), and the habitual offender law, R.S. 15:529.1, raises the range for repeat felonies.

Does Louisiana have Class A misdemeanors?

No. A misdemeanor is any crime that is not a felony (La. R.S. 14:2(A)(6)), and each misdemeanor statute sets its own jail term and fine, such as up to six months, a $1,000 fine or both for theft under $1,000 by an offender with fewer than two prior theft convictions, other than package theft (La. R.S. 14:67(B)(4)).

What does hard labor mean for Louisiana felonies?

It is the legal test for a felony: a crime is a felony when its statute allows death or imprisonment at hard labor (La. R.S. 14:2(A)(4); La. C.Cr.P. art. 933(3)). A sentence under the habitual offender law must be at hard labor (R.S. 15:529.1(G)).

How long is felony probation in Louisiana?

For offenses committed on or after August 1, 2024, generally no more than five years; for earlier offenses, three years. A court may set up to eight years for a defendant ordered into a drug division or another program listed in art. 893(H) with the district attorney's consent (La. C.Cr.P. art. 893(A)(1)(a), (H)).

Can a court give probation for any felony in Louisiana?

No. Article 893 applies to noncapital felonies and bars suspension for, among others, crimes of violence designated in the court minutes (except some first convictions with a maximum of ten years or less), and second or third convictions under listed sections (La. C.Cr.P. art. 893(A), (B)); a sentence under the firearm article (art. 893.3(F)) or the habitual offender law (R.S. 15:529.1(G)) also may not be suspended.

How long is misdemeanor probation in Louisiana?

Two years or a shorter period the court specifies, or up to eight years in a drug division or certified DWI or sobriety court program with the district attorney's consent (La. C.Cr.P. art. 894(A)). Art. 894(A)(1) excludes criminal neglect of family and stalking from this article's suspension power; criminal neglect of family has its own probation provision (La. R.S. 14:74(D)(1)).

What happens if you violate probation in Louisiana?

After a hearing, the court may revoke probation and require the suspended sentence to be served, or extend probation up to the legal maximum; a first technical-violation revocation by someone not on probation for a crime of violence or sex offense, for an offense committed on or after August 1, 2024, may bring up to 90 days without diminution, or up to 180 days in a custodial treatment program (La. C.Cr.P. art. 900(A)(6)). A new felony conviction while on felony probation requires revocation (art. 901(A)), except for a defendant ordered, as an additional condition for the violation, to complete a drug or specialty court program (art. 901(D)).

Can a felony be reduced to a misdemeanor in Louisiana?

Louisiana has no statute that reclassifies a felony as a misdemeanor; classification follows whether the statute allows hard labor (La. R.S. 14:2(A)(4)). Articles 893 and 894 allow suspended or deferred sentences and, in qualifying cases, a set-aside and dismissal.