What is battery in Louisiana (Louisiana laws RS 14:33)?
A lot of people have the misconception that battery and assault are one and the same. For this reason, they would usually use one in place of the other. In the real sense and in the laws of Louisiana, these are properly explained to be completely different. Although battery cannot take place without assault, it involves carrying out the actions of an assault.
- Battery: this has to do with the intentional and purposeful use of violence, force, or any other form of coercion by one person on the other. It involves carrying out an assault which leads to making unwanted physical contact with another person. Battery can also involve the use of poison by one person on the other.
- Assault: this only involves making threats or having the intention — without yet carrying it out — to inflict physical injury or to make unwanted physical contact on a person. For example, when you throw a punch at somebody and they were fast enough to avoid getting hit by the punch.
You would need a really strong attorney to back you up. Getting an attorney is easy. What is difficult is getting one who is well-grounded in the laws of Louisiana and knows just how to help you go home free. The battery defense attorneys at the Barkemeyer Law Firm in Covington, Louisiana are the perfect attorney for that job. You will find out more about him in the latter part of this article.
Different types of battery
Battery can come in different forms. Although it involves the use of force on another individual and causing them to suffer some form of injury, it could also be seen in different situations, and these situations can slightly change the judgment of the court. Some forms of battery include the following:
- Simple battery under La RS 14:35: this involves taking actions that lead to touching or hitting another person in a way that they are uncomfortable with. This could lead to inflicting physical hurt on the person.
- Aggravated battery: this, usually, is battery which has been taken an inch further. It involves the use of force along with a deadly weapon to inflict pain or injury on another. This is usually treated with so much concern in the courts in Louisiana.
What penalties will you suffer if you are found guilty of battery?
Below are some of the penalties that await you if your attorney isn’t able to defend you well in order to enable you to walk home free.
- Imprisonment: if you are charged to court and found to be guilty of battery, you would face imprisonment ranging from a couple of days and lasting up to five or ten years. This depends on the manner in which the offense was carried out as well as the person on whom it was carried out.
- Fine: you would be ordered to pay a fine which could range from five hundred dollars ($500) up to ten thousand dollars ($10,000). This also depends on the manner in which the offense was carried out and the person on whom it was inflicted.
- Sometimes the court could order you to pay both the fine as well as face imprisonment.
Battery has a way of not only ruining your present, but it can also go a long way in terms of records to ruin your future as well. There are so many jobs and offices that will not accept anybody who has been convicted of battery. You must contact a criminal defense attorney to get the burden of this case and the imminent penalties off your shoulders.
What could be your defenses if you’re charged with battery?
A person who is charged with battery can claim some defenses in court to prove he has a reasonable reason to carry out the act. Below are some of them:
- Trying to defend others
- Influenced by an intoxicant
- Immaterial evidence
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