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Second Degree Battery in Louisiana

Second Degree Battery

Is second degree battery in Louisiana a felony or misdemeanor?

Second degree battery in Louisiana is a felony offense as opposed to simple battery which is a misdemeanor offense.

 

What are the penalties for second degree battery in Louisiana?

Pursuant to La RS 14:34.1, whoever is convicted of the crime of second degree battery shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than eight years, or both.  At least eighteen months 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 second degree battery was committed because of that status.

 

Can I get probation if I’m convicted of Second Degree Battery in Louisiana?

Yes. Second degree battery in Louisiana is a probatable offense.  In the judge’s discretion, he/she may sentence the defendant to up to eight years in prison, suspend the sentence or part of it, and place the defendant on probation.  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 Second Degree Battery in Louisiana?

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.

 

Is second degree battery in Louisiana a crime of violence?

Yes.  Second degree battery is a crime of violence in Louisiana. This is important because if the defendant is sentenced to prison time, his ability to parole is lengthened.  Also, a defendant cannot receive a deferred sentence under Article 893 if the charge is a crime of violence.

 

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

No.

 

What are the defenses to second Degree Battery in Louisiana?

There are various defenses to second degree battery. There are two most common defenses.  First, the defendant may assert that the 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 battery occurred but that he had no intent to inflict serious bodily injury on the victim. The specific facts will be examined to determine if it is reasonable that an offender would assume bodily injury would occur from the type of force he used.

 

How do I handle a warrant for Second Degree Battery in Louisiana?

You will likely have to turn yourself in on the warrant for second degree 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 Second Degree 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 Second Degree 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, second degree battery convictions could not be expunged. However, new law has now provided a means to expunge a second degree battery conviction in Louisiana if certain requirements are met.

 

How do I hire a lawyer for Second Degree Battery in Louisiana?

lawyer for second degree battery
Lawyer for second degree battery

If you need a lawyer for second degree battery in Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with second degree battery in Louisiana for over 18 years.  He is a criminal defense attorney in Louisiana that defends clients charged with second degree battery in most parishes and cities in Louisiana. Hiring the best defense lawyer for 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 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 second degree battery lawyer in Louisiana.

Full Statute for Second Degree Battery in Louisiana

La RS 14:34.1  Second Degree Battery

A.  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.

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 second degree battery shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than eight years, or both.  At least eighteen months 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 second degree battery was committed because of that status.

Acts 1978, No. 394, §1; Acts 2009, No. 264, §1; Acts 2012, No. 40, §1; Acts 2014, No. 722, §1.

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

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

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