According to Louisiana laws of La. RS 14:33 – 14:35, any intentional infliction that forcefully melts out on another, for instance; a hit or a punch using a weapon or an object is considered battery and should attract serious penalties depending on the seriousness of the damage caused.
Battery is a crime that involves placing a person in unlawful violence, illegally and this could be done using a weapon or not. There are different types of batteries which include battery for victims especially the police, school personnel, people with disabilities, corporate employees who work with criminals, and more. To understand the Louisiana Battery laws in Jefferson Parish, the following topics will be discussed:
- How does Louisiana law define Battery?
- What is the difference between a Battery and an Assault?
- What are the consequences if someone is found guilty of battery in Jefferson Parish?
- Penalties for battery against other special victims, such as people that are disabled, law enforcement officers, and school staff.
- How can one defend themselves against battery charge in a Louisiana court? (Before trial)
- Value of Great Legal Advice
How Does Louisiana Law Define Battery?
Under laws obtained from Louisiana law, it was declared that simple batteries happen when someone is hurt physically without the consent of the victim, with the battery is illegal and against the law. Battery in Louisiana is known for intentionally hitting someone else that would cause them pain. Battery without a firearm that does not cause a serious injury is known as a single battery and is the least charged battery under Louisiana law. Battery made by a weapon or harming an injured person is a serious crime. Adapted from these principles (La. Rev. Stat. Ann. § 14:33, 14:35.)
Laws Guiding Battery In Gretna
Since battery is a serious crime punishable by law, it will be of immense importance that you get to know the rules you should abide by to avoid getting charged for this crime. Let’s see some of them
1. Avoid applying force against another person no matter the kind of argument you both get involved in.
2. Do not intentionally inflict injuries or cause severe wounds on another person.
3. Avoid all physical contact with another person in any form while expressing anger and insults in a seemingly rude manner.
What is the Difference Between Battery and Assault?
Many people misinterpret the difference between assault and battery. In fact, most of the words are used in conjunction with hurting someone illegally, which may mean that they are the same. The Louisiana battery and Louisiana assault are both different crimes. Indeed, an assault is an attempt to attack or wanting to harm another without doing so. People who are attacked will be fined $200 or less and can be imprisoned for 90 days or less. While the battery refers to physical violence done by another person without their consent. Battery is a complete attack, while assault is battery that was not done, to make it easier. According to these statutes (La. Rev. Ann. 14:14, 14:35.)
What Situations Can Lead to a Battery Charge?
A lot of times many people who are charged for battery claim not to know that what they did could be classified as one. So, to avoid getting yourself into this mess, I’m going to be listing some instances that could likely get you arrested and charged for battery.
1. Purposely touching another person unlawfully.
2. Lifting weapons in a bid to threaten and instill fear on another could gain you an instant arrest and the victim might begin to press serious charges on you.
3. Intentionally installing injuries on someone else’s body can mean battery and you should do your best to avoid it.
What are the Types of Battery In Gretna and What Are the Penalties an Offender is Made to Face?
There are quite a number of battery charges that are considered crimes, below are some of them:
1. Simple Battery
This is a form of infliction that is done unintentionally without the use of weapons. Regardless of the fact that it’s done unintentionally, a simple battery is still punishable under the law of Louisiana, although it comes with fewer penalties. Punishments for simple battery include:
- A defaulter can get either a 6 months imprisonment or made to pay a fine of $1000, or both.
- An offender can be placed on probation for 2 years.
- Finally, they will be made to restitute for their crimes
2. Aggravated battery
Aggravated battery is a very serious crime and as such, comes with severe punishments. It’s a kind of infliction on another person done with the use of more very dangerous instruments or weapons. Punishments for this crime include:
- Every offender of this law gets to pay a fine of $5000 or less.
- A defaulter can be made to go for 10 years imprisonment with o3 with no hard labor or both
- There’s usually no room for restitution since this particular crime is considered a felony.
3. Second Degree Battery
A second-degree battery is also a serious crime. It’s seen as an extreme infliction of wounds on another’s body in an attempt to leave them unconscious, disfigured, or meet a very physical pain. Medical professionals are exempted from facing the penalties since the patient’s permission is usually gotten before going through any form of bodily injury. The penalties for second-degree battery include:
- Anyone found guilty of this crime will be made to pay a fine of $2000 or get imprisoned for 8 years with or with no hard labor or serve the both punishments
4. Battery of school teachers
This is a form of battery carried out in a school teacher without his or her permission out of anger, despite knowing that a school teacher is employed to instill discipline in the hearts of his students. Here are the penalties for battering a school teacher:
- If the teacher was battered by a student, when convicted, the said student would be fined the sum of $5,000 or sent to prison for 1 year maximum, and 30 days minimum. In 72 hours of the sentence, the student won’t be allowed to the benefit of getting a suspension of the sentence.
- If the defaulter of law isn’t a student, they shall be made to pay a fine of $5009 or get a minimum of 1 year or a maximum of 5 years imprisonment with or with no hard labor or be made to serve both.
- In the case an injury occurs during battery, a defaulter will be fined a fee of $5000 or serve a jail term of not more than 5 years and not less than 1 year, with or with no hard labor.
What are the consequences if a person is found guilty of battery in Jefferson Parish?
If found guilty of battery in Jefferson Parish, you could go to jail for up to six months. There is also a minimum cost of one thousand dollars. There are some serious offenses and sentences that can be used when a person is sentenced from a battery conviction, such as police officers, teachers, prison staff, and other types of people who are protected members of society.
Derived from these statutes (La. Vl. God. Ex. 14:35; La. Crim. Pro. Art. 894.)
Battery charges in Jefferson Parish refer to your words against someone else’s words. Once you face such a charge, you should not take it lightly. This is why you need immediate legal advice if you or someone else knows they have been charged. Barkemeyer Law Firm gives you proper legal advice to cover these charges at affordable costs.
Penalty charges for offenses against other victims, such as Disabled People, Law Enforcement, and School Personnel
The court may extend the sentence up to a year in some cases and may be caused by attacking defendants that are police members, correctional officers, persons with disabilities, school personnel and so on like if it is the fault of a school student or athletic officials and other important community members. If the defendant learns that a law enforcement officer or school employee is doing his or her job when the battery occurred. These cases include these special victims and this will force the court to impose a prison sentence and the length of the prison sentence will be higher than it is supposed to be. This will result in the person serving a prison sentence and not getting probation.
Obtained from these statutes these principles (La. Rev. Stat. Ann. § 14: 34.2, 14: 34.3, 14: 34.4; 14: 34.5, 14: 34.5, 14: 34.8, 14: 35.1, 14: 35.2.)
How can one defend themselves against this battery charge in a Louisiana court? (before trial)
If you or your loved one is facing a battery charge in Jefferson Parish Louisiana, your lawyer or a law firm like Barkemeyer Law Firm can set up a case and investigate your charge so they would know your entire battery charge condition. You will also find out if there are any grounds for appeal. If your complaint is not pending, your lawyer can assist you to reach out to the offender and the prosecution team on your behalf. During this time, they can arrange your trial, and you will be represented properly. If you truly believe that you have been wrongfully convicted or if there are no appropriate options for pleading guilty, most prosecutors will either agree or negotiate to allow defendants to plead guilty or admit that they have committed a crime that would give you a lesser sentence. A prosecutor can accept a lesser sentence if you agree you committed a crime and plead guilty. But the Barkemeyer Law Firm would make sure it does not come to that.
What Do I Do If I Get Charged With Battery in Gretna?
If suspected of battery, it’s only normal for arresting officers to invade and cause trouble, one thing you shouldn’t do is going haywire and fueling anger as it isn’t going to yield any fruit apart from helping you provoking the officers more as well as acquiring more charges to you.
What you should do is to calmly think about is how you can contact a criminal defense lawyer with proven skills and ability to defend those charged with battery, one that will represent you legally and help you to get your freedom back in the process.
Value of Great Legal Advice
If you are charged with Battery in Louisiana, it would move to your permanent criminal record and when you are looking for a job or trying to find a home, your manager and your landlord would know of your convictions. This would hurt your chances then. If you are later convicted of a crime, the court will review your case based on your criminal record and this may result in a heavier sentence in your new case. These are the values are a great legal advice. With Barkemeyer Law Firm, your chances of getting the best deals are great.
How To Get Legal Help
To get good legal help isn’t an easy task especially when it has to do with a crime as sensitive as battery. But, for the sake of your freedom and regaining of your sanity, you have to go extra miles, right? Great.
Our criminal lawyers ensure that you get all the help you need as truths, facts, and shreds of evidence that will serve as an easy route to getting you an exemption in court. Barkemeyer Law Firm is experienced criminal defense attorneys that help individuals in Kenner, Metairie, Jefferson Parish and its environs charged with battery to have the freedom and fair hearing they deserve.
3900 N. Causeway Blvd., Suite 1200
Metairie, LA 70002