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Aggravated Battery in Louisiana

Aggravated Battery in Louisiana

Is aggravated battery in Louisiana a felony or misdemeanor?

Aggravated battery in Louisiana is a felony grade battery charge. It is more severe than second degree battery and simple battery.

 

What are the penalties for aggravated battery in Louisiana?

Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten 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 battery was committed because of that status.

 

Can I get probation if I’m convicted of aggravated battery in Louisiana?

Yes. Aggravated battery in Louisiana is a charge in which the defendant can receive probation.  In the judge’s discretion, he/she may sentence the defendant to up to 10 years in prison, suspend the sentence or part of it, and place the defendant on probation, except as stated above. The judge may order the defendant to complete certain conditions of probation as well.  The conditions may include paying a fine and court costs, performing community service, paying restitution to the victim, attending classes, etc. Failure to complete these conditions can result in revocation of probation. The judge could then sentence the defendant to serve time with the Department of Corrections.  Felony probation is supervised by the Louisiana Probation and Parole. Probation fees in the amount of approximately $60/month must be paid.

 

What constitutes aggravated battery in Louisiana?

Aggravated battery is a is a battery committed with a dangerous weapon.  For instance, aggravated 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.

 

Is aggravated battery in Louisiana a crime of violence?

Yes.  Aggravated 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.

 

Is aggravated battery in Louisiana a sex offense that will require me to register as a sex offender?

No.

 

What are the defenses to aggravated battery in Louisiana?

There are various defenses to aggravated battery. There are two most common defenses.  First, the defendant may assert that the aggravated 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 battery never occurred. With aggravated battery, there doesn’t have to be any proof that the victim got hurt, just that he received a battery with a dangerous weapon.

 

How do I handle a warrant for aggravated battery in Louisiana?

You will likely have to turn yourself in on the warrant for aggravated battery.  Since it is a felony offense, you will need to be booked and a bail set by a judge. Contact a criminal lawyer to help advise you prior to turning yourself in.

 

Can the victim file a lawsuit against me for aggravated battery?

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.

 

Can aggravated battery be removed from my criminal record in Louisiana?

The process of removing an arrest or conviction from an individual’s criminal record is called an expungement.  The defendant must file a Motion to Expunge the record to remove the entry.  Historically, aggravated battery convictions could not be expunged. However, new law has now provided a means to expunge a aggravated battery conviction in Louisiana if certain requirements are met.

 

How do I hire a lawyer for aggravated battery in Louisiana?

If you need a lawyer for Aggravated battery in Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with Aggravated battery in Louisiana for over 18 years.  He is a criminal defense attorney in Louisiana that defends clients charged with Aggravated battery in most parishes and cities in Louisiana. Hiring the best defense lawyer for Aggravated battery is the first decision you should make after receiving the charge. Do not wait until you start going to court for the Aggravated 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 battery lawyers at the Barkemeyer Law Firm in Louisiana.

 

Full statute for aggravated battery in Louisiana

§34.  Aggravated battery

A.  Aggravated battery is a battery committed with a dangerous weapon.

B.  Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten 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 battery was committed because of that status.

C.  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.

Acts 1978, No. 394, §1.  Amended by Acts 1980, No. 708, §1; Acts 2012, No. 40, §1.

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DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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