Louisiana Felony Criminal Defense

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is a felony in Louisiana? A felony is any crime punishable by death or imprisonment at hard labor. That distinction raises the stakes enormously, from prison time and lost civil rights to lasting effects on your future. Felony cases also follow a demanding court process with strict deadlines under Code of Criminal Procedure article 701.

A felony charge is one of the most serious things a person can face. It threatens your freedom, your record, and your rights, and the process moves on deadlines that do not wait for you to catch up. What you do in the earliest days, often before charges are even formally filed, can shape everything that follows.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict, and I am a court-qualified forensic DNA expert. Whatever the charge, I hold the state to proving every element and build the defense from the ground up.

Quick answers

• What it is: any crime punishable by death or imprisonment at hard labor.
• The stakes: prison, loss of civil rights, and lasting effects on work, housing, and firearms.
• The key deadline: the state generally has 60 days to charge a felony in custody, 120 for a capital offense (C.Cr.P. art. 701).
• What to do first: say nothing to police and get a trial lawyer involved immediately.

How a felony case moves in Louisiana

Felony cases follow a defined path, and each stage matters. After arrest comes the seventy-two-hour initial appearance and bond. The state must then formally charge the case within the article 701 deadline, by bill of information or, for the most serious offenses, grand jury indictment. Arraignment follows, then the motions phase, where searches, statements, and forensic evidence are tested, and finally trial if the case is not resolved. The motions phase is where much of the real work happens.

What the State must prove

Whatever the specific felony, the state always carries the burden to prove, beyond a reasonable doubt:

• Every element of the offense. Each part of the charge as defined by statute.
• Identity. That the defendant, and not someone else, committed the crime.
• Intent, where required. The mental state the specific offense demands.
• Lawfully obtained evidence. That its proof was gathered without violating the defendant’s rights.

What are the defenses to a felony charge?

The right defense depends entirely on the charge and the facts, but common approaches include:

• Challenging the evidence. Suppressing statements or physical evidence obtained through unlawful searches or interrogation.
• Contesting identity. Attacking eyewitness identification and the links tying the accused to the offense.
• Negating intent. Showing the required mental state cannot be proven.
• Justification. Self-defense or other legal justifications the state must disprove.
• Attacking the forensics. Testing DNA, chemical, and other scientific evidence.

How we defend a felony case

Because I am a court-qualified forensic DNA expert, I scrutinize the scientific evidence that so many serious cases rest on, from DNA and ballistics to chemical testing, at the level of the underlying data. We also do the ground work: we gather the evidence, talk to witnesses, and visit the scene, and we build the timeline the state would rather ignore. You can read more on our forensic DNA page.

With more than sixty felony jury trials to verdict, we prepare every case as if it will be tried, because that preparation is what creates leverage at every stage. Early, aggressive representation makes a real difference. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is a felony in Louisiana?

In Louisiana, a felony is any crime for which the punishment may be death or imprisonment at hard labor. Everything else is a misdemeanor. That single distinction changes the stakes dramatically: felonies can bring a state prison sentence, the loss of certain civil rights, and lasting consequences for employment, housing, and firearm ownership. Felony charges also follow a more demanding court process.

How long does the state have to charge a felony in Louisiana?

Under Code of Criminal Procedure article 701, if the accused is in custody the state generally has sixty days to institute prosecution for a felony, and 120 days for a felony punishable by death or life imprisonment. If those deadlines pass without formal charges, the accused may be entitled to release on their own recognizance while the case continues.

What happens after a felony arrest in Louisiana?

After arrest there is an initial appearance within seventy-two hours, where the court sets bond. The state then must formally charge the case, by bill of information or grand jury indictment, within the article 701 deadline. That is followed by arraignment, where the accused pleads, a motions phase where much of the defense work happens, and then trial if the case is not resolved.

Do I need a lawyer for a felony charge in Louisiana?

Yes. The consequences of a felony conviction are too serious to face alone, and the earliest stages, before charges are even formally filed, are often when the most important defense work happens. An experienced trial lawyer can challenge the evidence, protect your rights, and shape the case from the beginning rather than reacting to it later.

Talk to a Louisiana felony defense lawyer

A few quick questions help us understand your situation: Has an arrest already happened? Is the case in state or federal court? Does the evidence involve forensic or DNA testing? If you or a loved one is facing a felony, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana law reference

Felony charging deadlines are set in Louisiana Code of Criminal Procedure article 701. Laws change, so verify the current text at the Louisiana State Legislature. When a defendant is continued in custody, the state generally must institute prosecution within sixty days for a felony, and within 120 days for a felony punishable by death or life imprisonment; failure to do so can entitle the defendant to release on their own recognizance.

Source: La. C.Cr.P. art. 701.