Instantly Connect For Your Criminal Defense Consultation When Filling Out Form
Your Hammond Criminal Defense Attorney
Facing a criminal charge in Hammond, Louisiana means navigating a legal system that doesn’t work like the other 49 states: Louisiana’s civil-law foundation shapes its criminal statutes, its court structure, and the vocabulary used to describe both, starting with parishes instead of counties. The details of bail, the right to counsel, and Louisiana’s own approach to sentencing are covered further down this page. Getting matched with an attorney familiar with Tangipahoa Parish’s own courts can help sort out which of these rules actually apply to a specific charge.
Bail and Pretrial Release in Tangipahoa Parish
Louisiana doesn’t set bail off a fixed schedule tied only to the charge: under La. C.Cr.P. art. 316, a judge has to weigh the seriousness of the offense, the weight of the evidence, the defendant’s criminal history, the danger release would pose to any other person or the community, and whether the defendant voluntarily participates in pretrial drug testing. Whether the defendant is already out on bail for a pending felony arrest is also a factor the court has to consider. Once bail is set, it can be posted as a cash bond paid straight to the court, which is refundable when the case ends, or as a commercial surety bond through a licensed bail bondsman, whose premium is fixed by law at 12% of the bond’s face amount or $120, whichever is greater, and isn’t refundable once the bond is posted (La. R.S. 22:1443).
Louisiana's Counsel-Appointment Deadline
Under La. C.Cr.P. art. 230.1, every parish in Louisiana runs on the same 72-hour clock for appointing counsel after an arrest, weekends and legal holidays excluded from the calculation. A defendant who isn’t brought before a judge within that window is entitled to release on their own recognizance, a real consequence for missing the deadline, not just a formality. Appointed counsel comes from the local district public defender’s office, part of a statewide system the Louisiana Public Defender Board runs across all 42 judicial districts under La. R.S. 15:161, separate from and replaceable by private counsel at any later point in the case.
Facing a criminal charge in Hammond? Get matched with an attorney now.
Sentencing in Louisiana Works Differently Than You'd Expect
Louisiana defines the felony/misdemeanor line itself, rather than sorting crimes into severity classes the way many states do: under La. R.S. 14:2, a felony is any crime that may be punished by death or imprisonment at hard labor, and a misdemeanor is any crime that isn’t. There’s no Class A, B, or C felony system here (a felony class system was studied by a legislative task force in 2017-18 but was never enacted), which means each of Louisiana’s roughly 600 criminal offenses in Title 14 carries its own individually-written penalty range rather than a shared bracket.
The Charges We See Most in Louisiana Criminal Defense
A theft charge in Louisiana is graded entirely by value under La. R.S. 14:67: below $1,000 is a misdemeanor, but the felony tiers above that escalate fast, up to 5 years for $1,000 to under $5,000, up to 10 years for $5,000 to under $25,000, and up to 20 years at hard labor for $25,000 or more, with fines climbing alongside each tier. Battery charges in Louisiana vary sharply by statute: simple battery (La. R.S. 14:35) caps out at 6 months and a $1,000 fine, aggravated battery with a dangerous weapon (La. R.S. 14:34) can reach 10 years and $5,000, and domestic abuse battery (La. R.S. 14:35.3) carries mandatory jail time starting with the first offense, with penalties escalating to 10 to 30 years by a fourth conviction, plus a separate, harsher enhancement if strangulation was involved. A drug possession charge’s real exposure in Louisiana depends heavily on what’s involved: marijuana at 14 grams or less has been decriminalized down to a $100 fine with no jail exposure since 2021 (La. R.S. 40:966(E)), a genuinely different track than other Schedule I substances, which can still carry up to 10 years at hard labor and a $5,000 fine under the same statute. Louisiana calls it OWI rather than DUI or DWI, and the penalties under La. R.S. 14:98 climb fast with each offense inside a 10-year lookback window: a first offense is a misdemeanor (10 days to 6 months), a second still a misdemeanor but with real mandatory jail exposure, and a third jumps straight to a felony, 1 to 5 years and a $2,000 fine. By a fourth offense, the exposure reaches 10 to 30 years and a $5,000 fine, with a BAC of 0.15% or higher triggering additional mandatory penalties regardless of offense count. Illegal carrying of weapons under La. R.S. 14:95 doesn’t mean what it used to before Louisiana’s 2024 permitless-carry law: most adults 18 or older who can legally own a firearm no longer need a permit to carry one concealed, so this charge now typically comes down to age, a firearm disqualification, carrying somewhere restricted, or not telling an officer about the weapon during a stop. The base penalty is up to 6 months and a $500 fine, climbing to up to 5 years on a second conviction and up to 10 years on a third, with an additional 5-to-10-year mandatory sentence if a firearm was used during a separate violent or drug offense. A burglary or robbery charge in Louisiana carries real long-term exposure. Under La. R.S. 14:62, simple burglary (entering a home, vehicle, or other structure without authorization to commit a felony or theft) is punishable by up to 12 years at hard labor and a $2,000 fine, and carrying a firearm during the burglary pushes the minimum sentence to 3 years. Armed robbery under La. R.S. 14:64 goes much further: taking property by force or intimidation while armed with a dangerous weapon carries a mandatory minimum of 10 years at hard labor, up to 99 years, and the law forbids parole, probation, or a suspended sentence regardless of the circumstances.
Clearing a Record in Louisiana
Under La. C.Cr.P. arts. 971-999, clearing a Louisiana record takes real time: misdemeanors require a 5-year wait since completing the sentence or supervision, with only one expungement allowed per 5-year period, while felonies require 10 years, and a DWI/OWI conviction is limited to one expungement every 10 years regardless of how the rest of the record looks. A 2025 update added an expedited path for arrests that happened at age 17, along with a new automated request system through the state’s own criminal records bureau. The petition process has its own timeline too: once filed under arts. 976-978, the district attorney and any involved law enforcement agency get notice and 60 days to object, a hearing only happens if someone actually does, and an unopposed petition can be granted without ever going in front of a judge for argument.
Hammond Is Tangipahoa Parish's Largest City, But Amite Is the Seat
Hammond is by far Tangipahoa Parish’s largest city, but the much smaller town of Amite, officially Amite City, holds the actual parish seat under the 21st Judicial District Court, a district that also covers Livingston and St. Helena Parishes. Hammond does have its own 21st Judicial District branch courthouse on Railroad Avenue for some proceedings, and the Tangipahoa Parish Sheriff’s Office runs a jail annex right in Hammond alongside the main parish jail in Amite City.
Also serving: our Denham Springs page.
Frequently Asked Questions
Is there a fixed bail schedule in Louisiana?
No. La. C.Cr.P. art. 316 requires an individualized weighing of factors like offense seriousness, evidence, criminal history, and community safety, not a flat schedule tied only to the charge.
How fast does an appointed attorney have to be assigned in Louisiana?
Within 72 hours of arrest under La. C.Cr.P. art. 230.1, with Saturdays, Sundays, and legal holidays excluded from that count, the same deadline statewide regardless of parish population.
Why doesn’t Louisiana use a felony class system like most states?
A legislative task force studied creating one in 2017-18, but the recommendation was never enacted; Louisiana still individually specifies a penalty for each offense in Title 14 rather than grouping them into shared classes.
Is marijuana possession still a serious charge in Louisiana?
Not for small amounts: 14 grams or less is a fine-only offense (up to $100, no jail) for any offense number under La. R.S. 40:966(E), following Louisiana’s 2021 decriminalization.
How long do I have to wait to expunge a Louisiana conviction?
5 years for a misdemeanor, 10 years for a felony, both counted from completing the sentence, probation, or parole, under La. C.Cr.P. arts. 971-999.
Where does a criminal case actually get filed if my city isn’t the parish seat?
At the parish seat, not necessarily the city where the arrest happened: a parish’s courthouse, clerk of court, and jail are all located at its own seat, which can be a different city from where a specific case actually arose.
What You Do Next Matters
Whether it’s a misdemeanor or a felony under Louisiana’s own definition, a Hammond case moves forward with or without a defense strategy in place, which is exactly why getting one started early matters.
