Aggravated second degree battery in Louisiana is a felony grade battery charge. It is more severe than second degree battery, simple battery, and aggravated battery.
Whoever commits the crime of aggravated second degree battery shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than fifteen years, or both. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the aggravated second degree battery was committed because of that status.
No. Article 893 states that the court shall not suspend the sentence of a conviction for an offense that is designated in the court minutes as a crime of violence pursuant to Article 890.3, except a first conviction for an offense with a maximum prison sentence of ten years or less. However, Article 890.3 states that Aggravated Second Degree Battery is a charge that always must be a crime of violence. Since it carries a sentencing range up to 15 years, it will not allow for probation.
Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury. For instance, aggravated second degree battery occurs when the offender uses a baseball bat, car, crowbar, brass knuckles, etc. If the defendant commits a battery using a gun or knife, he will most likely get charged with attempted murder. Sometimes, using a vehicle can lead to attempted murder charges as well. There must also be serious bodily injury upon the victim as a result of the battery and the injury must be intentional.
Yes. Aggravated second degree battery is a crime of violence in Louisiana. This is important because if the defendant is sentenced to prison time, he must complete 85% of his sentence. Also, a defendant cannot receive a deferred sentence under Article 893 if the charge is a crime of violence.
No.
There are various defenses to aggravated second degree battery. There are two most common defenses. First, the defendant may assert that the aggravated second degree battery occurred, but was in self-defense. In Louisiana, you can use force against another person if that force is reasonable to protect you or someone else. Second, the defendant can argue that the bodily injury was never intended or that it is reasonable to assume that the means in which the battery was inflicted would not result in that type of injury.
You will likely have to turn yourself in on the warrant for aggravated second degree battery. Since it is a felony offense, you will need to be booked and a bail set by a judge. The bail amount set by a judge will likely be relatively high. So, be prepared. Contact a criminal lawyer to help advise you prior to turning yourself in.
Yes, the victim can file a lawsuit against you for civil battery damages. This is a separate and different court case altogether. If you get served with a petition for damages, contact a lawyer ASAP to help you file an answer.
No. A conviction for aggravated second degree battery cannot be expunged or removed from one’s criminal record. However, if the case is dismissed or reduced to another charge, the arrest may be expunged.
If you need a lawyer for Aggravated second degree battery in Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with Aggravated second degree battery in Louisiana for over 14 years. He is a criminal defense attorney in Baton Rouge that defends clients charged with Aggravated second degree battery in most parishes and cities in Louisiana. Hiring the best defense lawyer for Aggravated second degree battery is the first decision you should make after receiving the charge. Do not wait until you start going to court for the Aggravated second degree battery in Louisiana. If you can, hire your criminal lawyer immediately after you’ve been arrested so he can start to try to get you the best resolution possible. Contact our Aggravated second degree battery lawyer in Louisiana.
§34.7. Aggravated second degree battery
A. Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
B. For purposes of this Section, the following words shall have the following meanings:
(1) “Active member of the United States Armed Forces” shall mean an active member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard.
(2) “Disabled veteran” shall mean a veteran member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard who is disabled as determined by the United States Department of Veteran Affairs.
(3) “Serious bodily injury” means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
C. Whoever commits the crime of aggravated second degree battery shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than fifteen years, or both. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the aggravated second degree battery was committed because of that status.
Acts 1997, No. 1318, §1, eff. July 15, 1997; Acts 2012, No. 40, §1.
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