Charges and sentences
Felony and misdemeanor classes in Louisiana
Louisiana does not sort crimes into classes or degrees. A felony is any crime that can be punished by death or by imprisonment at hard labor, and a misdemeanor is any other crime. The penalty for each crime is written into the statute that defines it.1
Checked October 29, 2026 against Louisiana's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Louisiana, a felony is any crime for which a person may be sentenced to death or to imprisonment at hard labor. A misdemeanor is any crime other than a felony.1
- Felony theft starts at
- $1,000How theft is graded
- When a OWI is a felony
- A third offense is a felony: 1 to 5 years, with or without hard labor, and a $2,000 fine. A fourth or later offense is a felony: 10 to 30 years, with or without hard labor, and a $5,000 fine. A second offense is also a felony (2 to 5 years) when the first was vehicular homicide, third degree feticide or first degree vehicular negligent injuring. Otherwise first and second offenses are misdemeanors (up to 6 months).2
Felony categories in Louisiana
| Class | Prison | The law |
|---|---|---|
| Felony (no classes) | Set crime by crime: death or imprisonment at hard labor, as each statute provides. There is no general range.A crime that allows a sentence "with or without hard labor" still counts as a felony, because hard labor is allowed. | La. R.S. 14:2(A)(4)1 |
Misdemeanor classes in Louisiana
| Class | Jail | The law |
|---|---|---|
| Misdemeanor (no classes) | Set crime by crime. There is no general range. | La. R.S. 14:2(A)(6)1 |
Good to know
Because Louisiana has no classes, you have to look at the statute for each crime. For example, theft of $25,000 or more is punishable by up to 20 years at hard labor, and second degree murder is punishable by life imprisonment at hard labor without parole, probation or suspension of sentence.3
The main drunk driving crime is titled operating a vehicle while impaired. A first offense is sentenced under R.S. 14:98.1, a second under 14:98.2, a third under 14:98.3, and a fourth or later under 14:98.4.4
When theft is a felony in Louisiana
Theft of property worth $1,000 or more is a felony in Louisiana: up to 5 years for $1,000 to under $5,000, up to 10 years for $5,000 to under $25,000, and up to 20 years at hard labor for $25,000 or more. Under $1,000 it is a misdemeanor (up to 6 months), unless the person has two or more earlier theft convictions or the theft is of a package delivered to a home; then it is a felony with up to 2 years, with or without hard labor.3
OWI and DWI in Louisiana
Louisiana's statute calls the crime operating a vehicle while impaired (OWI). The Legislature's own list of acts labels these bills DWI.
- Repeat offenses
- A third offense is a felony: 1 to 5 years, with or without hard labor, and a $2,000 fine. A fourth or later offense is a felony: 10 to 30 years, with or without hard labor, and a $5,000 fine. A second offense is also a felony (2 to 5 years) when the first was vehicular homicide, third degree feticide or first degree vehicular negligent injuring. Otherwise first and second offenses are misdemeanors (up to 6 months).
- Which past offenses count
- 10 years. An earlier offense committed more than 10 years before the new one does not count, but time spent awaiting trial, on probation or parole, or incarcerated is left out when counting the 10 years.
- Other felony versions
- Vehicular homicide is punishable by 5 to 30 years with or without hard labor. First degree vehicular negligent injuring is punishable by up to 10 years with or without hard labor.
La. R.S. 14:98(C), (D), 14:98.2(D), 14:98.3, 14:98.4, 14:32.1(B), 14:39.2(D)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Louisiana?
In Louisiana, a felony is any crime for which a person may be sentenced to death or to imprisonment at hard labor. A misdemeanor is any crime other than a felony.
What is a felony (no classes) in Louisiana?
In Louisiana, the prison range for a felony (no classes) is set crime by crime: death or imprisonment at hard labor, as each statute provides. There is no general range. A crime that allows a sentence "with or without hard labor" still counts as a felony, because hard labor is allowed.
What is a misdemeanor (no classes) in Louisiana?
In Louisiana, the jail range for a misdemeanor (no classes) is set crime by crime. There is no general range.
How much theft is a felony in Louisiana?
Theft of property worth $1,000 or more is a felony in Louisiana: up to 5 years for $1,000 to under $5,000, up to 10 years for $5,000 to under $25,000, and up to 20 years at hard labor for $25,000 or more. Under $1,000 it is a misdemeanor (up to 6 months), unless the person has two or more earlier theft convictions or the theft is of a package delivered to a home; then it is a felony with up to 2 years, with or without hard labor.
Is an OWI a felony in Louisiana?
A third offense is a felony: 1 to 5 years, with or without hard labor, and a $2,000 fine. A fourth or later offense is a felony: 10 to 30 years, with or without hard labor, and a $5,000 fine. A second offense is also a felony (2 to 5 years) when the first was vehicular homicide, third degree feticide or first degree vehicular negligent injuring. Otherwise first and second offenses are misdemeanors (up to 6 months). Vehicular homicide is punishable by 5 to 30 years with or without hard labor. First degree vehicular negligent injuring is punishable by up to 10 years with or without hard labor.
These are the general ranges in Louisiana's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Louisiana" https://secondchanceindex.com/felony-classes/louisiana, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- La. R.S. 14:2(A)(4), (6)
- La. R.S. 14:98(C), (D), 14:98.2(D), 14:98.3, 14:98.4, 14:32.1(B), 14:39.2(D)
- La. R.S. 14:67(B)(1); La. R.S. 14:30.1(B)
- La. R.S. 14:98
- La. R.S. 14:98.1 Operating while impaired; first offense; penaltiesLouisiana State Legislature
- La. R.S. 14:98.2 Operating while impaired; second offense; penaltiesLouisiana State Legislature
- La. R.S. 14:98.4 Operating while impaired; fourth offense; penaltiesLouisiana State Legislature
- La. R.S. 14:32.1 Vehicular homicideLouisiana State Legislature
- La. R.S. 14:39.2 First degree vehicular negligent injuringLouisiana State Legislature
- La. R.S. 14:30.1 Second degree murderLouisiana State Legislature
- 2026 Regular Session acts by numberLouisiana State Legislature