Battery charges are taken very seriously by prosecutors in New Orleans, Louisiana. Depending on the alleged facts of the case, the type of battery charge varies. There are many different types of battery in Louisiana. Our New Orleans battery defense lawyers know how to fight battery charges in Louisiana.
Is Battery a Misdemeanor or Felony in New Orleans, 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 punishable by up to 8 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.
How Do You Defend a Battery Charge?
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. Our New Orleans battery defense lawyers at the Barkemeyer Law Firm are highly experienced at defending battery cases in Louisiana.
Domestic Abuse Battery in New Orleans, Louisiana
Domestic Abuse Battery is a misdemeanor in New Orleans, Louisiana on the first conviction. Thereafter, the charge becomes a felony. Although the first conviction is a misdemeanor, it carries 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.
New Orleans Battery Defense Lawyer
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. Our New Orleans battery defense lawyers at the Barkemeyer Law Firm are experienced in handling these types of cases all the way through trial. We will inform you of the criminal justice process and how to get the best result possible in your case.
Battery Lawyer in New Orleans, Louisiana
Battery is usually associated with assault and charges of assault and battery just as a lot of other violent crime is that they are heavily prosecuted in the state of Louisiana. It is very important to have a lawyer who can let you know all the differences between these individual charges as well as the consequences that come along with breaking them. Basically, between assault and battery, assault is the threat of causing bodily harm to a person and aggravated assault is threatening with the use of a deadly weapon. Unlike this, the battery is the actual use of deadly weapons and making physical contact at another person.
A person can face charges for assault or aggravated assault if they don’t have any physical contact with a person. In situations like this, the need for a criminal defense attorney is necessary as it can help you get a better end of whatever stick is thrown at you considering the law is very strict for both assault and aggravated assault. Here at Barkemeyer Law Firm, we give you the representation you need. In the state of Louisiana, battery is simply a violent act and there are lots of charges involved which can range depending on the person affected and the weapon used. It can also be affected by the type of injury instilled in a person body, for example, if it can cause bodily harm.
Battery is usually coupled with assault in most cases but it differs from assault because this has to do with contact or force to qualify for a battery. The Louisiana law defines battery as using force or violence against another individual or group of individuals.
There is a case known as a simple battery which is considered a misdemeanor offense and simple battery has a penalty attached to it of up to 6 months hail sentence or fines up to $1000. In some cases, both. When charged with a case of simple battery, the need for a criminal defense attorney is never overemphasized. A good criminal defense attorney would help represent you aggressively in court and try to get your charges dropped completely or reduced to a minimum you can be able to handle in most cases.
What Is Aggravated Battery?
Unlike a simple battery, aggravated battery is a lot more serious and this is the case of a battery being carried out with a dangerous weapon involved. Unlike simple battery which is a case of a misdemeanor, aggravated battery is a felony offense and penalties include up to 10 years prison sentences and fines of up to $5,000.
The need for a criminal defense lawyer is very necessary to represent you in court and help get your charges dropped completely or reduced as much as possible.
What Is A Second-Degree Battery?
A second-degree battery is when a person intentionally commits a battery on another person by intentionally inflicting them with a serious bodily injury. A bodily injury is referred to a serious injury which comes with a lot of pain, unconsciousness, disfigurement and sometimes even death.
This is a very serious offense and the second-degree battery is known as a felony offense. A person found guilty could be facing up to 5 years in prison or have a fine of up to $2000. Sometimes both.
Aggravated Second Degree Battery
An aggravated second-degree battery is when an aggravated battery is done with the use of a dangerous weapon. It is considered one of the most violent crimes in the state of Louisiana and it carries a prison sentence of 15 years and fines which reach up to $10,000.
Now there are a lot of other additional battery charges all depending on who the victims are. In a situation where it is a police officer, a bus driver and even a medical worker, it might be a lot more serious as they are public workers. One of the best ways to know what you are up against is consulting a criminal defense lawyer in New Orleans to have a better understanding.
Barkemeyer Law Firm
If you are being convicted of battery of certain people such as police officers, you would most likely face a fine of up to 500 dollars and a prison sentence of up to six months. In a situation as such, there is no permit for a suspended sentence. Also, if the officer involved has to undergo a lot of medical attention and you are in custody, then the fine would most likely increase to a total of $1,000 with a total of five years jail sentence.
The consequences attached to any form of battery on a police officer is considered very serious and prosecution would be taken very seriously. This is why you need a criminal defense attorney to help you in all your court representation, plea bargains, get a win with a not guilty verdict, get your charges dropped or reduced significantly. All this, however, depends on what a prosecutor has against you and just how your case is presented in court.
Here at Barkemeyer Law Firm, we carefully evaluate your case and work with you every step of the way. We understand just how scary it can be facing a criminal charge such as this and we are not hesitant in picking up your case. It is best to contact us immediately you are arrested as we can guide you in the response to all your accusations even before entering the court of law. It doesn’t matter if you are visiting or a resident of Orleans parish here in Louisiana or all over the state, we represent you and help protect your criminal record as well.
Having a criminal record with something like this could hinder you from getting a job or applying for a scholarship amongst other things and we try to make sure it doesn’t affect your life. So, if you need a criminal defense attorney in Orleans and all of Louisiana, contact Barkemeyer Law Firm today.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170