Misdemeanor Charges in New Orleans: What You’re Actually Facing
A misdemeanor conviction doesn’t send anyone to state prison, but it can still cost a job, a lease application, or a professional license. The label undersells the stakes. Here’s what actually determines your exposure, which court hears your case, and what happens after.
1. What “Misdemeanor” Actually Means Under Louisiana Law
Louisiana doesn’t grade offenses by letter or numbered class the way many states do. Under La. R.S. 14:2(4), a felony is any crime punishable by death or imprisonment at hard labor — meaning state prison. Under La. R.S. 14:2(6), a misdemeanor is simply any crime that isn’t a felony. The dividing line isn’t the label on the charge; it’s whether the statute defining the offense exposes you to hard labor time.
Practically, this means misdemeanor sentences in Louisiana are served in parish jail, not state prison, and most carry a maximum exposure of six months’ imprisonment, a fine, or both — though the exact cap depends entirely on the specific statute. Theft of property or services valued at less than $1,000, for example, is a misdemeanor under La. R.S. 14:67, punishable by up to six months in parish jail and a $1,000 fine. Simple battery under La. R.S. 14:35 carries the same structure: a fine of not more than $1,000, imprisonment of not more than six months, or both.
Guardrail: A charge that sounds severe in conversation — “battery,” “criminal damage” — may carry a lighter statutory exposure than its felony-sounding cousin. Read the specific statute cited on your arrest paperwork before assuming what you’re facing.
2. Which Court Actually Has Your Case
New Orleans runs two entirely separate criminal court systems, and which one you’re in changes the process, the prosecutor, and the record.
Orleans Parish Criminal District Court holds exclusive jurisdiction over all crimes, misdemeanors, and offenses committed in the parish unless jurisdiction is specifically vested elsewhere by law, under La. R.S. 13:1336. If your charging document cites a Louisiana Revised Statute — Title 14 for most crimes, Title 40 for drug offenses — your case is a state matter and belongs here, prosecuted by the Orleans Parish District Attorney’s Office.
Municipal and Traffic Court of New Orleans handles violations of the city’s own Municipal Code (cited as “M.C.S.” on a summons), along with most traffic matters, and is prosecuted by the City Attorney’s Office rather than the DA. Penalties here are generally lower than state-level charges, and the process is less formal. A narrow set of offenses — small-amount marijuana possession among them — can be charged under either the state statute or a parallel municipal ordinance, so the same underlying conduct may land you in either courtroom depending on how the arresting officer wrote the charge.
3. The First 72 Hours: Arrest, Booking, and Counsel
First, some perspective: many misdemeanor encounters in Orleans Parish never involve an extended jail stay at all — officers frequently issue a summons in lieu of custodial arrest, and those who are booked on minor charges are often released well before any deadline below comes into play. But when custody does happen, two separate clocks start running the moment you’re arrested, and they answer different questions.
Probable cause determination — 48 hours. For a warrantless arrest, La. C.Cr.P. art. 230.2 entitles you to a magistrate’s determination of probable cause within 48 hours. This is a paper review, not an adversarial hearing — it can be made without you present, based on the arresting officer’s affidavit.
Appointment of counsel — 72 hours. Separately, La. C.Cr.P. art. 230.1 requires that you be brought before a judge within 72 hours of arrest for the appointment of counsel, excluding weekends and legal holidays from the count.
Guardrail: Missing either deadline does not get the charge dismissed. The remedy for a missed 48-hour probable cause window is release on your own recognizance — not case dismissal — and the statute for the 72-hour counsel deadline expressly states that a violation has no effect on the validity of later proceedings.
4. Whether You Get a Jury Depends on Exposure, Not the Charge Name
La. C.Cr.P. art. 779 draws a hard line: a misdemeanor where the statute allows a fine of more than $1,000 or imprisonment of more than six months is tried before a six-person jury, all of whom must concur. Anything below that threshold is tried by a judge alone — no jury, regardless of how the defendant feels about the charge.
Most common Orleans Parish misdemeanors — simple battery, disturbing the peace, simple assault — sit right at or under that six-month/$1,000 line, meaning the large majority of misdemeanor trials in this parish are bench trials by default. The right to a jury has to be checked against the specific statute’s maximum penalty, not assumed from the fact that a crime feels serious.
5. A Special Case: Marijuana Possession in New Orleans
Small-amount marijuana possession deserves its own section, because the exposure here has dropped dramatically and now depends on quantity, not just offense count.
Under state law, since August 1, 2021, possession of 14 grams or less of marijuana is punishable only by a fine — no jail exposure. Possession of more than 14 grams remains a jailable misdemeanor on a first offense, carrying up to six months’ imprisonment and a fine. Because the small-amount offense is fine-only, it also triggers two consequences discussed elsewhere in this article: the state has only six months to institute prosecution (see Section 7), and there is no jury trial right (see Section 4).
Under city law, New Orleans has gone further in practice. In August 2021, the City Council passed an ordinance granting automatic “prospective pardons” to anyone cited for simple possession under the municipal code, effective September 15, 2021 — functionally removing local penalties even though the ordinance itself remains on the books. The Council also moved to pardon roughly 10,000 past municipal convictions and pending cases. And the Orleans Parish District Attorney’s Office has publicly declined to pursue most low-level possession charges brought under state law. The practical result: simple possession enforcement in New Orleans has largely disappeared, though the underlying state statute still exists, and possession remains fully illegal under federal law.
Guardrail: “Rarely enforced” is not the same as “legal.” A citation is still possible, quantities over 14 grams still carry jail exposure, and conduct like public smoking, distribution, or possession with intent remains squarely prosecutable.
6. Common New Orleans Misdemeanors at a Glance
| Offense | Statute | Maximum Exposure | Typical Venue |
|---|---|---|---|
| Simple battery | La. R.S. 14:35 | $1,000 fine and/or 6 months | Criminal District Court |
| Simple assault | La. R.S. 14:38 | $200 fine and/or 90 days | Criminal District Court |
| Disturbing the peace | La. R.S. 14:103 | 90 days (fine varies by subsection) | Criminal District Court or Municipal Court |
| Theft under $1,000 | La. R.S. 14:67 | $1,000 fine and/or 6 months | Criminal District Court |
| Marijuana possession, ≤14g | La. R.S. 40:966(C) | Fine only — no jail | Criminal District Court or Municipal Court (rarely enforced locally) |
| Marijuana possession, >14g (first offense) | La. R.S. 40:966(C) | Fine and/or 6 months | Criminal District Court |
| Municipal ordinance violations | Various M.C.S. sections | Generally lower than state equivalents | Municipal and Traffic Court |
7. How Long the State Has to Charge You
La. C.Cr.P. art. 572 sets the time limitation for institution of prosecution on noncapital offenses:
- Two years for a misdemeanor punishable by a fine, imprisonment, or both.
- Six months for a misdemeanor punishable only by a fine or forfeiture.
Note how this interacts with the offense grading above: because small-amount marijuana possession is now a fine-only offense, it falls into the short six-month window — while a jailable misdemeanor like simple battery gives the state a full two years. Once the applicable window closes, prosecution is barred, and any outstanding bail obligation tied to the case is extinguished by operation of law. This is a real defense — if the state waited too long to file, a motion to quash may end the case regardless of the underlying facts.
8. What Happens to the Record: Expungement
Expungement of a misdemeanor conviction is governed by La. C.Cr.P. art. 977, and the waiting period surprises most people: five years must elapse since completion of the sentence, probation, or parole, with no intervening felony conviction, before a motion can be filed. This is longer than the two-year window some assume applies.
Certain misdemeanors are categorically excluded from expungement regardless of how much time passes — domestic abuse battery and stalking convictions cannot be expunged under Article 977(C). A narrow exception exists for first-offense marijuana possession, which under a specific subsection of Article 977 may be eligible for expungement after a much shorter 90-day period — a rule that doesn’t apply to any other misdemeanor.
Building Your Position: The Sequence
- Identify the actual statute cited on the arrest register or summons — not the plain-language description an officer may have used.
- Confirm the court — Criminal District Court versus Municipal Court changes the prosecutor, the docket, and the available resolutions.
- Track the clock — arraignment timing, the state’s prosecution window under Article 572, and any speedy-trial issues.
- Determine jury eligibility under Article 779 before assuming a bench trial is the only option.
- Preserve expungement eligibility — avoid an additional conviction during the five-year window if a prior record is involved.
Frequently Asked Questions
Does a misdemeanor conviction in Louisiana show up on a background check? Yes, unless and until it’s expunged. Expungement removes the record from public access but doesn’t destroy it — it remains available to law enforcement and certain statutorily defined agencies.
Can I get a jury trial for any misdemeanor in New Orleans? No. Under La. C.Cr.P. art. 779, jury trial rights attach only when the statute defining the offense allows a fine over $1,000 or imprisonment over six months. Below that threshold, the case is tried by a judge alone.
If I wasn’t brought before a judge within 72 hours, does my case get dismissed? No. The remedy under La. C.Cr.P. art. 230.1 is limited — a missed deadline doesn’t affect the validity of the proceedings that follow.
Is marijuana legal in New Orleans now? No. Possession of 14 grams or less is decriminalized statewide — a fine-only offense with no jail time — and the city has effectively stopped enforcing simple possession through an automatic pardon ordinance. But the state statute remains on the books, larger quantities carry jail exposure, and marijuana remains illegal under federal law.
How long until I can get a misdemeanor expunged in Louisiana? Generally five years from completion of your sentence, probation, or parole, with no felony conviction in that period — longer than many people expect, and some misdemeanors are permanently ineligible.
Citation Reference Table
| Authority | Official caption / holding |
|---|---|
| La. R.S. 14:2(4), (6) | Definitions — felony and misdemeanor distinction |
| La. R.S. 14:35 | Simple battery |
| La. R.S. 14:38 | Simple assault |
| La. R.S. 14:67 | Theft |
| La. R.S. 14:103 | Disturbing the peace |
| La. R.S. 40:966(C) | Possession of marijuana |
| La. R.S. 13:1336 | Criminal district court for the Parish of Orleans; jurisdiction |
| La. C.Cr.P. art. 230.1 | Maximum time for appearance before judge for appointment of counsel |
| La. C.Cr.P. art. 230.2 | Probable cause determinations; persons arrested without a warrant |
| La. C.Cr.P. art. 572 | Limitation of prosecution of noncapital offenses |
| La. C.Cr.P. art. 779 | Trial of misdemeanors |
| La. C.Cr.P. art. 977 | Motion to expunge a record of arrest and conviction of a misdemeanor offense |
| New Orleans City Council Ordinance (Aug. 2021) | Automatic prospective pardons for municipal simple-possession summonses |
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship between the reader and Bloom Legal Network or any of its attorneys. Louisiana criminal law, including the Louisiana Revised Statutes and the Louisiana Code of Criminal Procedure, is subject to change, and outcomes depend on the specific facts of each matter. Readers facing an actual charge should consult a licensed Louisiana criminal defense attorney before taking any action.
