Louisiana and Livingston Parish is known for very large parties and festivals that include tons of people, food, dancing, and definitely drinking. When all of these factors come together, arguments and disagreements are bound to happen. Sometimes these arguments build into physical and verbal fights and can be quite common. Getting arrested due to one of these fights can lead to a battery charge. Being charged with battery in Louisiana comes with serious repercussions and they should not be taken lightly. It can cause drastically negative effects for your personal life in the future and the lives of those around you. If you have recently been charged with battery in Livingston Parish, we highly recommend you contact the office Carl Barkemeyer, criminal defense attorney. Mr. Barkemeyer has years of experience defending clients in battery cases and is very knowledgeable of the Louisiana legal system.
According to Louisiana law, battery is “the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.” Battery is a willful violent act which causes physical harm. There are many different types of batter in Livingston Parish and you must understand which type you are charged with to comprehend the repercussions.
Simple Battery: is a battery committed without the consent of the victim.
Aggravated battery: is a battery committed with a dangerous weapon.
Second degree battery: is a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.
Battery of a police officer: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.
Battery of a school teacher: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.
Battery of a school or recreation athletic contest official: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school athletic or recreation contest official.
Battery of a correctional facility employee: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a correctional facility employee acting in the performance of his duty.
Battery of a bus operator: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a bus operator.
Disarming of a peace officer: is committed when an offender, through use of force or threat of force, and without the consent of the peace officer, takes possession of any law enforcement equipment from the person of a peace officer or from an area within the peace officer's immediate control, when the offender has reasonable grounds to believe that the victim is a peace officer acting in the performance of his duty.
Aggravated second degree battery: is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
Battery of a child welfare or adult protective service worker: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a child welfare or adult protective service worker working in the performance of employment duties who has presented proper identification.
Simple battery of the infirm: is a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:
(1) Advanced age.
(2) Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.
Domestic abuse battery: is the intentional use of force or violence committed by one household member upon the person of another household member.
Battery in Louisiana can be both considered a misdemeanor or a felony, depending on what kind of battery it is and how serious the charges are. Each type of battery also has its own punishments that come with it, although they are all very serious and strict and are designed to pay for the severe act of battery. It is important to understand what type of battery you are charged with to comprehend what your possible repercussions could be. All of these punishments can have a negative impact on your personal life after the case and even negatively impact your loved ones. The many different types of punishment for battery can include any or all of the following:
Were you recently charged with battery in the Livingston Parish or Denham Springs area of Louisiana? If so, the office of Carl Barkemeyer, criminal defense attorney is here to help. Because of Mr. Barkemeyer’s extensive legal experience, we can help you find alternatives to punishment for battery or help get your case dismissed. With the help from our legal team, you may be able to plea self defense or lack of intent with regards to the battery charge. Your case may even be dismissed depending on the evidence if it was mishandled or not conclusive enough. However, to explore these possibilities, you must get help from a knowledgeable battery defense lawyer in your area like Carl Barkemeyer. To get aid with your battery case, contact us at (225) 964-6720 and we will do our best to get a positive outcome for you and your loved ones.
H. Taylor - Baton Rouge, Louisiana
A Guide That Will Give You A Better Understanding
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