Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Simple Battery in Louisiana
Question and Answer
What is simple battery?
Simple Battery is the act of touching another intentionally or applying offensive force on another person’s body without the consent of the person. Today, many persons tend to confuse the term battery with that of assault.
A simple battery is an unlawful and unauthorized application of force on the body of another person’s, without the person’s consent. In such a manner that would be classified as offensive or that may result in physical injury on the person. Simple battery as the name implies is the more minute or less Aggravated form of battery. An aggravated battery can result in severe injury on the path of the body of the other. For example, where a person was stabbed with a knife and the cut then results in loss of a finger. This form of battery is the aggravated kind.
What kind of offense is simple battery?
Battery is a criminal offense. Where a person is charged for battery, and he is found guilty, he is criminally liable. Just as the aggravated battery is a criminal offense, a simple battery is also a criminal offense. This offense must not be treated lightly. They must be handled by the best of attorneys in other that the penalties accorded by the law are avoided or mitigated to the best of one’s ability.
Is Simple Battery in Louisiana a felony or misdemeanor?
Simple battery in Louisiana is a misdemeanor offense. The more serious grades of battery are second degree battery and aggravated battery, which are felony charges.
What are the penalties for Simple Battery in Louisiana under La RS 14:35?
The penalties for simple battery in Louisiana may include up to six months in jail and a fine of up to $1000. Therefore, a judge could sentence the defendant to jail time, pay a large fine, or both.
Can I get probation if I’m convicted of Simple Battery in Louisiana?
Yes. It is entirely up to the judge if he wants to order probation for simple battery as opposed to jail time. This decision has a lot to do with the severity of battery, the criminal record of the defendant, and the likelihood of the defendant attacking the victim again. The judge may order conditions of probation such as community service, classes, etc. The judge has full discretion here. If the defendant fails to complete the conditions, the judge could revoke the misdemeanor probation and remand the defendant to serve the suspended sentence, which could be up to six months in jail.
What constitutes Simple Battery in Louisiana?
Simple battery in Louisiana is a battery committed without the consent of the victim. It could be as minor as pushing someone aside or punching them in the mouth. 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. Basically, you cannot have physical contact with another person without their consent.
Is Simple Battery in Louisiana a crime of violence?
No. Simple battery in Louisiana is not a crime of violence.
Is Simple Battery in Louisiana a sex offense that will require me to register as a sex offender?
No. Simple battery in Louisiana is not a sex offense.
What are the defenses to Simple Battery in Louisiana?
There are various defenses to simple battery. There are two most common defenses. First, the defendant may assert that the 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. For instance, if a bar patron gets mad at you for bumping him causing him to spill his drink and he then pushes you in the chest, you should be able to beat him down, as long as it is reasonable force.
How do I handle a warrant for Simple Battery in Louisiana?
If you have an arrest warrant for simple battery in Baton Rouge or elsewhere in Louisiana, you may want to contact a criminal defense attorney before proceeding. Typically, you are required to turn yourself in, however, your lawyer may be able to get the officer to write you a summons instead.
Can the victim file a lawsuit against me for Simple Battery?
The victim may be able to file a lawsuit against you for civil battery. Many times, the lawsuit will accompany the criminal simple battery charge. If you get sued for simple battery, you only have 15 days to answer the petition. Be sure not to ignore that time period. Contact a battery defense attorney immediately.
Can Simple Battery be removed from my criminal record in Louisiana?
Yes. It depends how the simple battery is handled in court before we can determine when you can file an expungement to remove the simple battery. Also, there are other circumstances that we must consider to determine eligibility to remove the record. 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.
What can I do if I’m charged with a Simple Battery?
If you, your friend, or even a family member gets involved in a simple battery or commit a simple battery, contact a qualified lawyer immediately. This is because criminal offenses should not be taken lightly. When criminal offenses are not properly handled, they could leave a negative dent on you. For example, where you are convicted for a crime, the conviction would be added to your profile. And this can hinder your rights and privileges in many ways. For example, you would be restricted from traveling to some countries in the world; you would not be able to hold some offices. These offices include both political offices and others like it.
So, it is best to contact a lawyer or an attorney immediately and get the necessary help that you deserve. This is because delay could be detrimental to you or whoever is involved in a simple battery.
Can just any lawyer be of help to me?
No is the answer. Skill is very important in times like this. Just as you would not turn to just a medical doctor to carry out an operation on your body because your life depends on it, do not turn to just any lawyer to help you out in criminal cases like these. This is because, just as further complications may result from allowing just any doctor to carry out your operation, further complications can be done by a negligent lawyer. It could even result in a conviction. So, to avoid all of these, ensure you go to a qualified and well-experienced lawyer to help you with your case.
How do I hire a lawyer for Simple Battery in Louisiana?
If you need a lawyer for Simple Battery in Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with Simple Battery in Louisiana for over 14 years. He is a criminal defense attorney in Baton Rouge that defends clients charged with Simple Battery under La RS 14:35 in most parishes and cities in Louisiana. Hiring the best defense lawyer for Simple Battery is the first decision you should make after receiving the charge. Do not wait until you start going to court for the Simple 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 Simple Battery lawyer in Louisiana.
Lawyer for Simple Battery
Advantages of hiring our defense lawyers to handle your simple battery case
- We understand the fragile nature of criminal offenses and the amount of mishap that could result from it when not properly handled. As a result of this, we ensure that cases are properly handled to avoid these mishaps.
- Our lawyers are also very self-sacrificing. We try to fit ourselves in the shoes of our clients. We do our best to feel what our clients feel. This enables us to act on behalf of the clients as though we are acting on behalf of ourselves.
- We do not take for granted the cases of our clients no matter how minor it might appear.
- We ensure that adequate preparations are made before any court session to ensure that no action of our client or any other person jeopardizes the case at hand.
- We understand the possible civil case that could result from an alleged simple battery and how to deal with it.
- In the event that a conviction cannot be avoided, our lawyers do all possible to mitigate the harshness of the punishment which has been provided for by the law. We ensure that the punishment is mitigated to its barest minimum.
Full statute for Simple Battery in Louisiana under La RS 14:35
§33. Battery defined
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.
Acts 1978, No. 394, §1.
§35. Simple battery
A. Simple battery is a battery committed without the consent of the victim.
B. Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
Acts 1978, No. 394, §1; Acts 2006, No. 81, §1; Acts 2014, No. 791, §7.
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Louisiana DWI & Criminal Lawyers
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.