Louisiana Revised Statutes 14: Criminal Attempts

In Louisiana, attempt law penalties are set by Revised Statute 14:27, which punishes an attempted crime by up to half the fine and half the prison term the completed offense would carry, with one major exception: attempts at crimes punishable by death or life imprisonment carry a mandatory 10 to 50 years at hard labor without parole, probation, or suspension of sentence.¹ Theft and receiving stolen property have their own penalty brackets, and attempts directed at a peace officer carry a doubled 20-year floor.

What Counts as an Attempt in Louisiana

Two things have to be true at the same time. The person must have specific intent to commit a particular crime, and they must do something that tends directly toward accomplishing it.¹ Thinking about a crime isn’t enough. Planning isn’t enough. Even gathering tools isn’t enough on its own.

Specific intent is the higher of the two intent standards in Louisiana criminal law. The prosecution has to prove the defendant had a conscious goal to bring about the criminal result, not just that they knew what they were doing. A person who grabs the wrong bag at an airport lacks the specific intent for attempted theft, no matter how it looked at the moment.

Preparation vs. Attempt

The statute states plainly that mere preparation is not an attempt.¹ Buying a mask, scouting a building, or looking up how to disable an alarm are all preparation. They may show criminal thinking, but they don’t by themselves cross the line.

Two acts do automatically qualify, no matter how early they occur. Lying in wait with a dangerous weapon with intent to commit a crime is an attempt. So is searching for the intended victim with a dangerous weapon with intent to commit a crime.¹ These are the only two the legislature singled out. Everything else is argued case by case over whether the defendant’s conduct shifted from getting ready to actually going after the objective.

How Louisiana Punishes Attempted Crimes

There isn’t one formula. RS 14:27 sorts attempts into categories, and the category decides the range.

Attempts at Crimes Punishable by Death or Life

When the completed offense would carry death or life imprisonment, the attempt carries 10 to 50 years at hard labor without parole, probation, or suspension of sentence.¹ Attempted first-degree murder and attempted second-degree murder fall here. The floor is ten years. The ceiling is fifty. There is no early-release path built in.

Attempted Theft and Receiving Stolen Property

Theft offenses have their own grading tied to dollar amounts, so the statute sets specific brackets rather than using the general half-penalty rule:²

Non-felony theft or receiving stolen things: up to a $200 fine, up to six months in jail, or both.
Receiving stolen things punishable as a felony: up to a $200 fine, up to one year in jail, or both.
Theft of $750 to $25,000: up to a $500 fine, up to one year in jail, or both.
Theft over $25,000: up to a $2,000 fine, up to five years with or without hard labor, or both.

Every Other Attempted Crime

For attempts outside the categories above, the maximum penalty is half the longest prison term and half the largest fine the completed crime would carry.¹ A completed offense that caps at 20 years and $50,000 produces an attempt cap of 10 years and $25,000. This covers most Louisiana felonies and misdemeanors.

Attempts on Peace Officers

If an attempted crime that would otherwise carry death or life is directed at a peace officer performing lawful duties, the mandatory minimum doubles from 10 years to 20 years, and the 50-year ceiling stays in place.² Parole, probation, and suspension of sentence remain off the table. The statute defines “peace officer” by reference to RS 40:2402.

Impossibility Is Not a Defense

RS 14:27 says it is “immaterial whether, under the circumstances, he would have actually accomplished his purpose.”¹ A pickpocket who reaches into an empty pocket is still guilty of attempted theft. A shooter who fires into a bed believing someone is sleeping there is still guilty of attempted murder. A buyer who hands cash to an undercover officer with no actual drugs to sell is still guilty of an attempted drug offense. The statute looks at what the defendant intended and did, not whether the crime could have worked.

What Defenses Actually Work

The strongest defense in most attempt cases is attacking specific intent. If the prosecution can’t prove the defendant had a conscious purpose to commit the particular crime charged, the case fails. In State v. Hoffer, the Louisiana Supreme Court reversed a conviction after finding the prosecution had not proved beyond a reasonable doubt that the defendant intended to fraudulently deprive the owner of property.³ Suspicious behavior isn’t the same as proof of intent.

The second line of defense is the preparation argument. If what the defendant did was still in the getting-ready stage and never moved directly toward completing the crime, the attempt charge should fail. This usually comes down to a detailed factual fight over exactly what happened and when.

Abandonment is harder. The idea is that someone who voluntarily walks away from a crime before completing it shouldn’t be convicted of the attempt. Louisiana’s statute, however, does not explicitly codify an abandonment defense, and the Louisiana case law on it is thin. Whether a court will entertain the argument depends on the facts and the judge.

What Happens After an Attempt Conviction

The sentence isn’t the whole story. Federal law prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.⁴ Most attempted felonies in Louisiana clear that threshold, so a conviction usually triggers a lifetime federal gun ban. The statute looks at the maximum punishment the offense carries, not the sentence the judge actually imposed, so even a probationary disposition can lock in the ban.

Expungement

Louisiana allows expungement of some felony convictions, but the window is narrow. A person can petition to expunge a felony if more than ten years have passed since completing the sentence, probation, or parole, and they have had no other convictions or pending charges during that period.⁵ The petition must include a certification from the district attorney confirming the clean record.

Hard exclusions apply. Expungement is barred for the conviction or attempted conviction of any crime of violence as defined by RS 14:2(B), and for sex offenses and criminal offenses against minors.⁵ An attempted murder, attempted armed robbery, or attempted sexual assault conviction stays on the record for life. Less serious attempted felonies can be cleared, but only after a sustained clean decade.

1
Justia. Louisiana Revised Statutes 14:27 – Attempt; Penalties; Attempt on Peace Officer; Enhanced Penalties
2
Louisiana State Legislature. RS 14:27 – Attempt; Penalties; Attempt on Peace Officer; Enhanced Penalties
3
Justia. State v. Hoffer
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
Louisiana State Legislature. CCRP 978