Felony vs. Misdemeanor Charges in Baton Rouge: How the Charge Gets Decided

One of the most common questions we get from people arrested in Baton Rouge is simple: is this a felony or a misdemeanor? The answer isn’t always obvious at the moment of arrest, and it can change as the case moves forward.

When someone is arrested, the arresting officer books them on the charge they believe applies based on the facts at the scene. But the East Baton Rouge Parish District Attorney’s Office reviews the case afterward and makes the formal charging decision — and that decision can go up, down, or stay the same compared to the initial booking charge. A charge that was booked as a felony can sometimes be reduced, and in some situations a lower-level charge can be upgraded once the DA’s office reviews the full file.

The practical difference matters enormously: felony convictions carry the possibility of state prison time, more significant fines, and long-term consequences like loss of certain rights and difficulty with employment or housing. Misdemeanors are generally handled faster and carry lighter maximum penalties, though they still leave a criminal record.

Because the DA’s review happens after arrest, this is often the highest-leverage window for a defense attorney to get involved — presenting mitigating facts, prior record context, or legal issues with the arrest before the charge is formally set can sometimes change the outcome before the case ever reaches trial.

If you or a family member has been arrested in Baton Rouge and you’re not sure whether the case will be charged as a felony or misdemeanor, don’t wait to find out — the earlier we’re involved, the more room there usually is to work with.