Louisiana is known as “the world’s prison capital” for having not only the highest incarceration rate in the country but in the entire world. Louisiana’s Three Strikes Law can drastically increase prison sentences for those with prior felony convictions, potentially leading to life imprisonment without parole. The federal three strikes law also imposes increasingly severe penalties for individuals with multiple felony convictions, applying to both violent and serious non-violent offenses, whereas some states, including Louisiana, may restrict it to violent crimes. If you’re facing charges and have previous convictions on your record, the stakes couldn’t be higher.
Countries comparable to the United States have an average rate of 100 prisoners per 100,000 adults; in Louisiana, this number skyrockets to 816 prisoners per 100,000. Louisiana laws are slowly changing, but due to tough-on-crime sentencing laws like the “three strikes” law, criminal offenders often face overly aggressive punishments. At John D. & Eric G. Johnson Law Firm, we understand the severity of repeat offender laws in Louisiana and how they can impact your future. Multiple offenders in Louisiana can relatively easily face life behind bars without parole for having several felony convictions, even for non-violent offenses. Prosecutors often leverage the threat of a life sentence to negotiate plea bargains, highlighting the severe consequences of multiple convictions. Our criminal defense attorneys have extensive experience defending clients against enhanced sentencing and may be able to help you navigate this challenging legal situation.
Overview of the Law
The Louisiana three strikes law, also known as the habitual offender statute, is designed to impose harsher penalties on individuals with prior felony convictions. This law aims to deter repeat offenders by escalating the severity of penalties with each subsequent felony conviction.
The impact of this strikes law on criminal sentencing in Louisiana is profound, often resulting in life-altering consequences for those with prior felony convictions. By targeting habitual offenders, the law seeks to reduce repeat offenses, but it also means that even non-violent offenders can face severe penalties if they have multiple felony convictions on their record.
What is the Three Strikes Law?
The three strikes law or “multiple or habitual offender” law allows the district attorney to charge a person as a multiple or habitual offender after he has been convicted of more than one felony offense. A felony in Louisiana is a crime that is punishable by imprisonment “at hard labor” and includes nearly all violent offenses, drug offenses, theft and fraud offenses, sex offenses, and more. The strike law originated in California in the early 1990s and has since been adopted by various states, each with its own adaptations.
A person who is previously convicted of a felony offense in Louisiana will face much harsher penalties for subsequent felonies. The severe legal implications for a person convicted of multiple felony offenses include the potential for lengthy prison sentences, including life imprisonment without parole. Prior felony convictions received in other states may be considered if the crime would be a felony had it been committed in Louisiana. One who receives a second felony conviction faces a much longer sentence than the minimum allowance because the first conviction works as an aggravating factor, escalating the penalties.
Eligible Crimes and Convictions
Under Louisiana’s three strikes law, certain violent felonies are classified as “strikes,” leading to increasingly severe sentences for third-time felony offenders. Common violent felonies that fall under this strikes law include murder, rape, armed robbery, aggravated kidnapping, aggravated arson, aggravated burglary, aggravated battery, aggravated assault, and aggravated cruelty to animals.
Additionally, the law encompasses some non-violent but serious offenses, such as specific drug trafficking crimes, significant fraud offenses, and burglary. This broad inclusion ensures that a wide range of serious crimes can trigger the harsh penalties associated with the three strikes law.
Second Felony Conviction Guidelines
In Louisiana, one who receives a second felony conviction for violent crimes faces a much harsher minimum penalty than a first-time offender. The minimum penalty for the second felony conviction in Louisiana is half of the maximum term possible for a first offender.
The maximum penalty the defendant may face for a violent felony is double the maximum term for a first offense.
Third Felony Conviction Guidelines
A person who is convicted of his third felony offense faces a minimum penalty of two-thirds of the maximum penalty a first offender would face. The maximum penalty he may face is double the maximum penalty for a first offender. Having two prior felony convictions significantly impacts the sentencing under the three strikes law, often leading to severe penalties, including mandatory life sentences without the possibility of parole. Third-time felony offenders could face life in prison without parole if his prior convictions were for:
- Violent crimes
- Sex crimes against a person under 18
- Drug crimes punishable by 10 or more years in prison
- Any crimes punishable by 12 or more years in prison
If you have two prior convictions, it may be especially important to work with a qualified criminal defense attorney during your case.
Fourth Felony Conviction Guidelines
Any criminal offender receiving his fourth felony conviction in Louisiana faces a minimum of 20 years in prison with hard labor and a maximum of natural life without parole. The severe implications of life sentences under this law contribute significantly to prison overcrowding and highlight systemic inequalities within the criminal justice system.
These harsh punishments that multiply over the number of felonies play a significant role in keeping the state’s prisons full. If you face a conviction in Louisiana, you should be aware of the severity of criminal charges in your circumstances.
Criticisms and Controversies
Critics of the three strikes law argue that it prioritizes punishment over rehabilitation, resulting in lengthy prison terms and reduced chances for parole. The strict sentencing guidelines often lead to harsh penalties for non-violent offenders, exacerbating the issue of overcrowded prisons. Furthermore, the lack of rehabilitation programs within the system means that inmates have limited opportunities for personal improvement and reintegration into society.
Another significant criticism is the law’s disproportionate impact on minority communities, with African American and Latino offenders more likely to receive harsher sentences compared to their white counterparts. This disparity raises concerns about the fairness and equity of the law in Louisiana.
Navigating a Claim? Worried About How Louisiana’s “Three Strikes” Law Will Affect Your Case? Contact The John D. & Eric G. Johnson Law Firm Today
If you or a loved one is facing felony charges that could count as a strike under Louisiana’s laws, the stakes couldn’t be higher. Do not hesitate to seek strong criminal representation urgently; the sooner you work with an experienced attorney like Eric Johnson of The John D. & Eric G. Johnson Law Firm, the better the chances of having a successful outcome to your case. Experienced criminal defense attorneys John D. and Eric G. Johnson understand the high stakes involved with a felony conviction and are dedicated to defending clients in Louisiana against such severe charges and penalties.
Eric Johnson holds over 24 years of criminal law experience and has practiced exclusively in Louisiana. He has successfully handled nearly every charge in the Louisiana Criminal Code. We understand Louisiana’s complex criminal justice system and work diligently to protect your rights throughout the legal process. To discuss your case and explore your defense options, call 318-377-1555 for a free consultation or contact us online.
