Battery charges are taken very seriously by prosecutors. Depending on the alleged facts of the case, the type of battery charge varies. There are many different types of battery in Louisiana. See the video below for a discussion regarding criminal battery charges in Louisiana.
Battery can be a misdemeanor and it can be a felony, depending on the alleged facts. For instance, a Simple Battery is a misdemeanor. A common example of a Simple Battery is when somebody punches another person without the other's consent, but there are no serious injuries. In the same scenario, if the victim suffers a broken jaw or gets knocked out, that becomes a felony punishabe by up to five (5) years in prison. Furthermore, if the offender used brass knuckles to cause the broken jaw, that becomes a felony punishable by up to fifteen (15) years in prison.
In any battery prosecution, the prosecutor must prove that the defendant intentionally used force or violence on the victim without the victim's consent. This is usually proven by introducing witness testimony by people who saw the battery and/or the victim. A common defense to this charge is self-defense. When self-defense is alleged, the defendant must prove the facts to show self-defense. He can do this by offering witness testimony or testifying himself.
Domestic Abuse Battery is a misdemeanor in Louisiana on the first and second convictions. Thereafter, the charge becomes a felony. Although the first and second convictions are misdemeanors, they carry a sentence of up to 6 months in jail and many judges implement this. This is a very serious misdemeanor charge. Prosecutors generally are very careful about dismissing these types of charges even when the victim doesn't want to prosecute.
Regardless of whether or not a battery charge is a misdemeanor or felony, it should be taken seriously as jail time is possible for both. Mr. Barkemeyer is experienced in handling these types of cases all the way through trial. He will inform you of the criminal justice process and how to get the best result possible in your case.
Contact a St Tammany Parish battery defense lawyer if you have a charge.