Rule Text
A. A defendant charged with a misdemeanor in which the punishment, as set forth in the statute defining the offense, may be a fine in excess of two thousand five hundred dollars or imprisonment for more than six months must be tried by a jury of six jurors, all of whom shall concur to render a verdict.
B. The defendant charged with any other misdemeanor shall be tried by the court without a jury.
Amendment history: Amended by Acts 1968, No. 635, §1; Acts 1974, Ex.Sess., No. 23, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1979, No. 56, §1; Acts 1986, No. 852, §1, eff. July 10, 1986; Acts 1988, No. 202, §1; Acts 2026, No. 192, §1, eff. May 18, 2026.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you're charged with a misdemeanor in Louisiana, whether you get a jury trial depends on how serious the punishment could be. If the crime you're charged with could carry a fine of more than $2,500 or more than six months in jail, you have the right to a jury trial. That jury will have six people, and all six must agree in order to reach a verdict, whether it's guilty or not guilty.
For any other misdemeanor, one where the possible punishment is smaller, you won't get a jury. Instead, a judge alone will hear the case and decide the outcome. There's no jury involved at all in these smaller cases.
In short, the size of the possible punishment determines whether your case goes before six jurors or just a judge. Bigger potential penalties mean you get a jury. Smaller penalties mean the judge decides your case alone.