All criminal charges are classified as an infraction, felony, or misdemeanor. While infractions are the least severe, both misdemeanor and felony charges face penalties such as steep fines, incarceration, probation, and more. The penalties for a charge are largely dependent on the circumstances surrounding the case. In the state of Louisiana, how individuals have been sentenced if they are convicted has remained the same for many years. However, following the 2017 legislative session, several historic changes came about for the criminal justice system.
These changes were the result of multiple bills and acts passed during a special session of the Louisiana Legislature. These legislative actions reversed a decade of previous reforms in Louisiana’s criminal justice system. At the conclusion of the session, significant changes were made to Louisiana’s sentencing laws, particularly for convicted felons and repeat offenders, through the enactment of specific acts and bills.
Let’s take a look.
- Sentencing Changes for Repeat and Violent Offenders
- Overhaul of Louisiana’s Mandatory Minimum Laws
- Habitual Offender Changes
- Knowledgeable Criminal Defense Lawyers Near You
Sentencing Changes for Repeat and Violent Offenders
Some of the most severe penalties in Louisiana are for repeat and violent offenders. People charged with offenses at this level often see time in jail as well as thousands of dollars in fines. Recent reforms apply to most offenses, not just violent crimes, making the changes some of the most comprehensive in the state’s history. Here’s how recent sentencing changes will affect those charges in the future.
Repeat offenders: As of these changes, defendants convicted of a third felony may anticipate shortened or suspended sentences. Judges can now reduce the sentences prescribed by law for certain offenses. The new laws specifically consider patterns of criminal behavior when determining eligibility for reduced sentences, reflecting a focus on recidivism and public safety. This change won’t affect violent criminals, those convicted of some fraud crimes, and child pornography.
- First-time violent offenders: May see reduced sentences. Judges may now reconsider and shorten or suspend the sentences of a person sentenced for the first time for a violent crime whose offenses would typically carry a prison sentence of ten or fewer years.
- Repeat DUI/ DWI offenders: With the District Attorney’s approval, a repeat DUI/ DWI offender who has had up to a fourth DUI/ DWI conviction may have the option of receiving alcohol rehabilitation rather than a prison sentence. This is only available to those offenders who were not provided the option of treatment in their previous DUI/ DWI cases.
- Repeat felons: With the District Attorney’s permission, those offenders with three or four felony convictions may receive mental health counseling, drug rehabilitation, or the option of completing drug treatment in place of prison. These options will be accompanied by eight years of probation. Parole elimination now applies to most offenses, significantly impacting the options available to those convicted.
Overhaul of Louisiana’s Mandatory Minimum Laws
Momentous changes are in store for defendants up against mandatory minimum sentences. Since the amendments were implemented, we can expect the following to take place:
- Eliminated mandatory minimums for convictions of arson, spreading false information about arson, home invasion, theft, felony prostitution, and the possession of 2 grams or fewer of many illicit substances. These changes apply to many non violent crimes and non violent offenses.
- Some mandatory minimums to include parole. A convict who is serving time for a crime like a burglary, which will continue to carry a prison term of one year, may be eligible for parole within that year.
The maximum prison sentence will also be reduced for several nonviolent offenses, including:
- Stealing from a retail shop
- Money laundering
- Taking a vehicle without the owner’s permission as a felon
- Possessing marijuana and several other illegal drugs
Previously, inmates could earn credit toward early release through good behavior or participation in programs, but under the new laws, this opportunity has been limited. The new laws have also reduced or eliminated good time credit and good time credits for inmates, making it harder to shorten sentences through good behavior.
Additional mandatory minimum sentences will be introduced to tackle the possession of opioids. As of August 1, there is a mandatory minimum prison term of one year for illegally possessing opioids and other prescription medications.
Habitual Offender Changes
Under the old law, prosecutors could obtain extended prison terms for those with a prior felony conviction on their records. Their authority has been reduced since November 1.
- New convictions for nonviolent offenses will not subject defendants with prior convictions to life sentences.
- Repeat offenders will face shorter mandatory minimums.
- The amount of time that passes between an old felony conviction and the current conviction to prompt the habitual offender statute will be lowered.
These changes were influenced by research showing that lengthy sentences for nonviolent habitual offenders do not improve public safety and contribute to systemic disparities.
Changes in these laws will not affect those who are already in prison for repeat offenses. Many concerned stakeholders are watching to see how these changes will affect rehabilitation and public safety.
Role of Judges and Prosecutors
The recent sweeping changes to Louisiana’s sentencing laws have placed judges and prosecutors at the forefront of the state’s evolving criminal justice system. Their decisions now carry even greater weight, as they must interpret and apply new laws that significantly affect sentencing, parole eligibility, and the future of people convicted of both violent crimes and nonviolent offenses.
Judges are tasked with upholding the legislative intent behind these reforms while ensuring that sentences are fair and proportionate. With the elimination of discretionary parole and the implementation of truth in sentencing, judges must carefully consider how longer sentences and reduced opportunities for early release will impact both the prison population and incarceration costs. These changes mean that, for many offenses, especially nonviolent ones, people may serve more of their sentences behind bars, raising concerns about whether this approach will truly improve safety for Louisiana residents.
Prosecutors, meanwhile, retain significant discretion in pursuing habitual offender enhancements, which can lead to severe penalties and even life sentences for repeat offenders. Their choices directly influence the number of individuals facing enhanced penalties and the overall direction of Louisiana’s criminal justice system. As the new laws limit the use of habitual offender statutes for nonviolent offenses, prosecutors must weigh the benefits of longer sentences against the potential for rehabilitation and reduced recidivism.
Both judges and prosecutors must also be mindful of the potential for legal challenges to these new sentencing laws. Critics argue that some measures may result in disproportionate sentences, particularly for nonviolent offenders, and could face scrutiny in the courts. The Louisiana Legislature may need to revisit certain provisions if they are found to conflict with constitutional protections or fail to achieve their intended goals.
Ultimately, the role of judges and prosecutors extends beyond simply enforcing the law—they are key players in shaping the future of criminal justice in Louisiana. By prioritizing rehabilitation, supporting reentry programs, and staying informed about ongoing legal developments, they can help ensure that the criminal justice system remains fair, effective, and focused on public safety.
For anyone facing criminal charges under these new laws, consulting a knowledgeable criminal defense attorney is more important than ever. An experienced attorney can help navigate the complexities of Louisiana law, advocate for fair treatment, and provide guidance on the best course of action. If you or a loved one are dealing with criminal charges, don’t hesitate to seek a free consultation with a trusted criminal defense attorney to protect your rights and your future.
Knowledgeable Criminal Defense Lawyers Near You
Being charged with any type of criminal offense in the state of Louisiana is not something to take lightly. Furthermore, the laws surrounding criminal offenses and sentencing in Louisiana are constantly in flux. Any time you face charges, it’s extremely important to obtain a trustworthy and competent criminal defense lawyer like Eric G. Johnson immediately.
At The Eric G. Johnson Law Firm, we have decades of experience providing competent criminal defense. All of our knowledgeable attorneys work hard to stay abreast of the latest laws and changes to our laws in the state of Louisiana. If you’re in need of a criminal defense attorney, reach out to us online for a free consultation. We’re eager to help you with your case and get you back on your feet.