Louisiana’s New Laws for First-Time Violent Offenders

If you’re facing a first violent-offense charge in Louisiana, the laws for first-time violent offenders give you a narrow path to probation for lower-level offenses, but they shut several doors that remain open to first-time nonviolent defendants. The state’s first-offender dismissal does not apply to any crime of violence, mandatory minimums control sentencing for the most serious charges, and recent legislation has tightened penalties rather than loosened them.¹

What Counts as a Crime of Violence

Louisiana Revised Statutes 14:2(B) defines a crime of violence as any offense involving the use, attempted use, or threatened use of physical force, or one that by its nature creates a substantial risk of physical force being used. The statute lists more than 50 specific offenses, including first and second degree murder, manslaughter, aggravated battery, all degrees of robbery, all degrees of rape and sexual battery, kidnapping, aggravated burglary, carjacking, home invasion, human trafficking, and stalking.²

This classification controls almost everything that follows. Nearly every leniency mechanism available to first-time offenders in Louisiana contains a carve-out restricting or eliminating its use when the charge appears on this list. The 2017 Justice Reinvestment reforms removed a handful of offenses, including extortion and mingling harmful substances, but the vast majority of violent crimes remain classified as such.³

Can a First Violent Conviction Get Probation

Sometimes, within strict limits. Louisiana Code of Criminal Procedure Article 893 governs when a judge can suspend a sentence and place a defendant on probation. For a crime of violence, three rules apply.

First, sentence suspension is available only for a first conviction of a violent offense where the maximum prison sentence is 10 years or less, and only if the crime was not committed against a family member, household member, or dating partner. Second, probation in those cases cannot exceed five years. Third, the first-offender deferral under Article 893(E), which allows a judge to defer sentencing, place the defendant on probation, and ultimately dismiss the conviction, does not apply to crimes of violence at all.¹

That last point catches people off guard. The deferral is a powerful tool that can produce an effective acquittal after successful probation, and it is categorically unavailable for any offense on the violent crime list. A first-time defendant convicted of aggravated assault with a firearm, which carries a 10-year maximum, might qualify for a suspended sentence and probation. The same person cannot get the conviction erased through deferral. Someone convicted of armed robbery, which carries a 10-to-99-year range, cannot get a suspended sentence at all because the maximum penalty far exceeds the 10-year threshold.

Penalty Ranges for Common Violent Charges

The gap between hope and law gets concrete when you look at specific offenses. Many violent crimes carry mandatory minimums that no judge can override, even for a first-time defendant with a spotless record.

Second degree murder carries life imprisonment at hard labor, without the possibility of parole, probation, or sentence suspension.⁴
Manslaughter carries up to 40 years at hard labor. If the victim was under 10 years old, the minimum is 10 years without probation or sentence suspension.⁵
Aggravated assault with a firearm carries up to 10 years, with or without hard labor, and a fine of up to $10,000.⁶
Armed robbery carries 10 to 99 years at hard labor, without probation, parole, or sentence suspension. An additional five years applies when the weapon used was a firearm.

At the lower end of this range, a first-time defendant has a realistic chance at probation. For anything carrying a lengthy mandatory minimum, conviction means prison regardless of background or circumstances.

What the Judge Weighs at Sentencing

Even when a judge cannot suspend the sentence entirely, Louisiana law requires courts to weigh mitigating and aggravating factors when choosing where in the range to land. Article 894.1 of the Code of Criminal Procedure directs judges to consider, among other things:

Whether the defendant’s conduct caused or threatened serious harm
Whether the defendant acted under strong provocation
Whether the defendant has a clean prior record or has led a law-abiding life for a substantial period
Whether the defendant has compensated or will compensate the victim
Whether imprisonment would cause excessive hardship to the defendant’s dependents
Whether the defendant is likely to respond well to probation
Whether the circumstances surrounding the conduct are unlikely to recur

The statute states that these factors do not control the court’s discretion but must be accorded weight, and the judge must state on the record which considerations the sentence relies on and the factual basis for it.⁷ That requirement creates an appellate record. A sentence imposed near the maximum without an explanation of why the mitigating factors were outweighed can be challenged on appeal as excessive.

If probation is granted, Article 895.1 requires restitution as a condition in any case where the victim suffered direct financial loss, property damage, or medical expenses. The court sets a specific dollar amount not exceeding the victim’s actual losses.⁸

Parole and Good-Time if Prison Is Imposed

The 2017 reforms standardized release timelines for people convicted of violent offenses. A first-time violent offender with no prior violent or sex offense convictions becomes eligible for parole consideration after serving 65% of the sentence and eligible for good-time release at 75%.³

Those timelines are considerably less generous than what nonviolent defendants receive. For nonviolent, non-sex offenses, parole eligibility arrives at 25% of the sentence, and good-time release at 35%. In practical terms, a first-time violent offender sentenced to 20 years becomes parole-eligible after 13 years. A nonviolent offender with the same sentence would be eligible after five.

Offenses that carry “without benefit of parole” language, including second degree murder and armed robbery, are excluded from these calculations entirely. No amount of good behavior accelerates release for those crimes.

Expungement Is Almost Always Off the Table

Louisiana generally prohibits expungement of violent felony convictions. Article 978 of the Code of Criminal Procedure bars anyone convicted of a crime of violence listed in R.S. 14:2(B) from expunging that conviction, with narrow exceptions.⁹

The exceptions apply only to aggravated battery, second degree battery, aggravated criminal damage to property, simple robbery, purse snatching, and illegal use of weapons. Even for those offenses, all of the following must be true: more than 10 years have passed since completing the sentence, probation, or parole; the person has had no other criminal convictions during that period; and no criminal charges are currently pending. The district attorney must certify the clean record, and the court holds a full hearing before granting relief. For armed robbery, manslaughter, any degree of murder, kidnapping, and sexual offenses, expungement is permanently unavailable.

The Federal Firearm Prohibition

A violent felony conviction in Louisiana triggers a consequence no state reform can undo. Under 18 U.S.C. § 922(g), anyone convicted of a crime punishable by more than one year of imprisonment is prohibited from possessing any firearm or ammunition.¹⁰ That covers virtually every violent felony on Louisiana’s books. The prohibition applies nationwide and lasts indefinitely unless the conviction is expunged or the person receives a pardon that specifically restores firearm rights. Because expungement is barred for most violent offenses, the firearm ban is, in practice, permanent.

What Changed in the 2024 Special Session

Louisiana’s sentencing trajectory is not a straight line toward leniency. In 2024, Governor Jeff Landry convened a special legislative session focused on crime, and several measures increased penalties for violent offenses. The mandatory minimum for carjacking rose from two years to five years, and carjacking resulting in bodily injury now carries a 20-year mandatory minimum. The session also imposed a minimum three-year custody requirement for all juveniles adjudicated of violent crimes.¹¹

The sentencing options available for a particular charge depend heavily on when the offense occurred and which specific crime is involved. The 2017 reforms opened narrow pathways to probation and adjusted release math, but subsequent sessions have tightened penalties on specific offenses. A Louisiana criminal defense attorney who tracks these legislative changes year to year is in the best position to assess what any particular charge actually carries today.

1
Louisiana State Legislature. Louisiana Code of Criminal Procedure Art 893 – Suspension of Sentence and Probation
2
Louisiana State Legislature. Louisiana Code RS 14:2 – Definitions
3
Louisiana Department of Public Safety and Corrections. Louisiana Justice Reinvestment Package Summary
4
Louisiana State Legislature. Louisiana Code RS 14:30.1 – Second Degree Murder
5
Louisiana State Legislature. Louisiana Code RS 14:31 – Manslaughter
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Louisiana State Legislature. Louisiana Code RS 14:37.4 – Aggravated Assault With a Firearm
7
Louisiana State Legislature. Louisiana Code of Criminal Procedure Art 894.1 – Sentencing Guidelines Generally
8
Louisiana State Legislature. Louisiana Code of Criminal Procedure Art 895.1 – Conditions of Probation
9
Louisiana State Legislature. Louisiana Code of Criminal Procedure Art 978 – Expungement
10
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
11
Office of the Governor of Louisiana. Governor Landry Opens Special Session to Address Crime