In Louisiana, a person charged with a felony offense who has been convicted of prior felony offenses may be charged by multiple offender bill as a habitual offender. If the Court finds that that person has been convicted of one or more prior felonies within a certain time period, his sentence will be increased. (La. R.S. 15:529.1)

There are cleansing periods built into the statute that prohibit the Court from considering prior convictions after 5 years for non-violent and non-sex offense priors. In the event that the prior offenses are sex offenses or violent offenses, then the Court can consider them from 10 years prior to the present charge. Finally, if a conviction has been set aside pursuant to Article 893 and is not a crime of violence, it cannot be used as a prior offense for purposes of the habitual offender law.

If convicted of a second felony offense and charged as a habitual offender, the sentence range for the current charge will increase from a minimum of 1/3 of the longest possible sentence to a maximum of twice the length of the longest possible sentence. If both felonies are sex offenses, then the sentence range for the second felony will increase to a minimum of 2/3 of the longest possible sentence to a maximum of 3 times the longest possible sentence without benefit of probation, parole, or suspension of sentence. Finally, if both the felonies are sex offenses involving victims under the age of 13, the sentence will become life imprisonment without benefit of probation, parole, or suspension of sentence.

For third and fourth felony offenses, check back with us next week and if you or someone you know has concerns about being charged as a habitual offender, please call us at (318) 459-9111.