How Does Domestic Abuse Battery Become a Felony in Louisiana?
How Domestic Abuse Can Become A Felony
If you are wondering how does domestic abuse batter become a felony in Louisiana, this post will walk you through your question. Domestic Abuse is taken very seriously by prosecutors in Louisiana. It is a punishable crime that can even result in a felony and prevent the offender from possessing arms.
If you are ever charged with a domestic abuse battery in Louisiana, you should take it very seriously. Once you are convicted of domestic abuse your future professional prospects could be destroyed.
Domestic Abuse Charges Can Destroy Your Life
In this day and age, no one would want a domestic abuser in their workplace. It is better to hire a domestic abuse attorney as soon as possible so that he can construct a defense for you. In this article, you’ll learn about domestic abuse battery in Louisiana and how you may be convicted with felony charges.
What is Domestic Abuse?
Generally, the term domestic abuse is used for the violence or abuse committed in a domestic setting For Example violence by spouse or parent would be called domestic abuse. Usually, violence or abuse by someone who lives in the same house as yours (i.e. siblings) also comes under domestic abuse.
What is Louisiana domestic abuse battery under La R.S. 14:35.3?
In Louisiana, a person is charged with domestic abuse battery if violence is committed intentionally by one family member or household member upon another family member or household member.
What is a Household member?
You might be wondering how does the law define a household member or family member. According to law, a household member is any person that is currently living or has previously lived in the same residence as the offender. For Example, a child that previously or currently lived in the same residence as the offender can be regarded as a household member. Hence the child of the offender could be counted as a household member regardless of where he lives. Therefore in most cases, both the offender and the victim must be living under the same roof if the offender is to be convicted of a domestic abuse battery in Louisiana.
A household member could also be someone who shares a sexual relationship with the offender. So a girlfriend or intimate partner can also be counted as the household member if needed.
Hence generally speaking a person is charged with domestic abuse battery in Louisiana if he or she is found to be inflicting violence on one of their family or household member.
How can a domestic abuse battery in Louisiana become a felony?
As said earlier, Prosecutors take these domestic abuse battery cases very seriously in Louisiana. They over-prosecute these cases and try to bring in any evidence that can be used to prove the charges. They also look at many things to come up with evidence to enhance domestic abuse battery charges.
It Can Become A Felony If It Can Be Proven
Domestic abuse battery can easily become a felony if the prosecutor can prove it. Yes, your charges can become felony instead of misdemeanor hence you must hire a domestic abuse defense attorney to help you with your charges.
Old Cases Make Current Cases Worse
Prosecutors can enhance a domestic abuse battery if he finds that the defender has been previously convicted of domestic abuse battery in another state. He can easily use that previous case to enhance the current domestic abuse battery case.
An old case can also play an important role in validating the current domestic abuse battery charges against the defendant. In such a situation, the charges are counted as a second offense and the person will receive the severe punishment that second-time offenders receive.
Hence remember the prosecutors in Louisiana always pay attention to such things and try their best to enhance battery charges. That is why it is necessary to hire a capable domestic abuse defense attorney like Carl Barkemeyer so that he can help drop the charges against you.
Some Situations May Make Charges Worse
Some situations can enhance the misdemeanor domestic abuse battery into a felony. Such situations include:
- If a child of 13 or younger was present when violence was committed, the domestic abuse battery becomes a felony. Thus, a person can be imprisoned with hard labor for not more than 3 years.
- If the victim of abuse is pregnant and the defendant knew this when he committed the offense then the misdemeanor charges become a felony. If charges are proved, the defendant can be imprisoned for not more than 3 years with hard labor.
- If a victim is strangled by the defendant then the charges become a punishable felony.
- If the defendant burned the victim in some way then misdemeanor again becomes a felony.
- If it is proved that the defendant intentionally used forced and caused serious bodily harm to the victim then he can be imprisoned for no more than 8 years with hard labor.
Other Detrimental Things That Will Impact Your Case
- If you also receive drug charges alongside the domestic abuse charges
- Illegally carrying a weapon
- Proper representation
You have seen the severe punishment the convict of domestic abuse battery can receive in Louisiana and how easily the misdemeanor domestic abuse battery can become a felony. It is better to hire an attorney like Carl Barkemeyer who has a lot of experience when it comes to defending domestic abuse battery cases. He and his team will make consider each aspect of the case and build a defense for you so that you can walk away blameless from the charges.
Consult With A Lawyer
Your best option if convicted with domestic abuse charges is to consult with a skilled criminal defense attorney. Carl Barkemeyer, Criminal Defense Attorney handles hundreds of domestic abuse cases every year. We are committed to your case and urge you to contact us today.
We hope you now understand how domestic abuse battery can become a felony charge and wish you luck with your case.