Simple battery louisiana Not guilty. Cite this Simple battery, defined under Louisiana Revised Statutes 14:35, involves the intentional use of force or violence upon another without consent. Age: 42. 14:35(A) provides that simple battery is a battery committed without the consent of the victim. Weight: 187. §43. Standard Penalties. Simple Battery explained. In that 2023 Louisiana Laws Code of Criminal Procedure Art. Battery of a dating partner A. (2) A. 2 – A. “Serious bodily injury” refers to injuries involving unconsciousness, extreme physical pain, or significant disfigurement, distinguishing it from simple battery. 2 (2018) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. Gender: M. Whoever commits a simple battery shall be fined not more than one Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury. Terms in this set (6) facts-Duncan charged with simple battery-Louisiana denied him the right to a jury trial. Simple battery or assault; Drug possession or possession with intent to sell; DWI; Shoplifting; Reckless conduct; Reckless driving or racing; Theft ; Trespassing; It is up to the District Attorney to determine eligibility for a pretrial 2017 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:34. JOSEPH PAUL TEAL was booked in Caddo Parish, Louisiana for Simple battery. 3)? On the other hand, simple battery is just a battery against someone without their consent. RS 35. In most states, misdemeanor crimes are punishable by up to one year spent in a county jail facility, and a fine that is Citation22 Ill. (f) If the offense of simple battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished for a Louisiana Laws > Title 14 > Chapter 1 > Part II > Subpart B > § 14:35. What is the punishment for Aggravated Battery in the state of Louisiana? Simple battery is a battery committed without the consent of the victim. 2006 Louisiana Laws - RS 14:35. In Louisiana, a misdemeanor simple battery offense can result in a fine as much as $1,000 and a maximum of six months in prison. 145, 88 S. Previous Next §35. 1 (2018) Second degree battery. Charge Reduced to Simple Robbery. Discuss your case for free by connecting with Eric online or calling 318-377-1555 . 2 — Simple battery of the infirm . 2d 79, 84. Aggravated Kidnapping: Guilty. 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. 2 What's This? §35. Simple battery. R. We make no warranties or guarantees about the accuracy, completeness, or Customer: I got a ticket for simple battery misdemeanor . 42-B Oral sexual battery . Jindal signed House Bill 55, which revises the law for expungements in Louisiana. Julius Aikens, of Prairieville, was arrested on a charge of simple battery 2021 Louisiana Laws Revised Statutes Title 14 - Criminal Law §35. The purpose of the new law is to amend the rules for expungement in Louisiana so they are uniform throughout the entire state while also requiring the same fees and court costs across Louisiana. Race: W. Penalties include imprisonment for not more than 6 months and/or a fine not more than $1,000. Aggravated battery. 7, Aggravated Second Degree Battery; (5) 14:35, Simple Battery; (6) 14:35. Aggravated Battery — La RS 14:34. Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both. com/sim 2018 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:35. However, depending on the victim and circumstances of the case, assault and battery charges may be classified as felony offenses. Aggravated battery is a battery committed with a dangerous weapon. Appellant sought trial by jury, but, because the Louisiana Constitution grants jury trials only in cases in which capital punishment or imprisonment at hard labor may be imposed, the trial judge denied the request. 11. Simple battery is touching another person intentionally or applying Under Gwen’s Law, detention criteria in Louisiana are designed to address the complexities of domestic violence cases. 14:34. 42-M Aggravated rape, male victim . Simple battery of persons with infirmities is a battery committed against a person who is infirm, has a disability, or is aged and A. “Serious bodily injury” includes conditions such as unconsciousness, extreme physical pain, or protracted disfigurement. Aggravated Battery Charges in LA Bennett, Darien T, 23, 38328 CEDAR ST, GONZALES, Surety, State Probation Violation, Fugitive-Other Louisiana Jurisdiction, Second Degree Battery, Theft $1k but less than $5k (Felony), Simple Battery , Failure to Appear-Bench Warrant, Simple Criminal Damage to Property < $1000 (Misdemeanor), Criminal Trespass/ All Other Offenses, Criminal What Is the Punishment for Simple Battery? Simple battery is a misdemeanor offense in Louisiana. When someone is harmed without the use of a weapon and suffers minor injuries. Each of them will cite other cases you can look up, as well. Simple battery is usually charged as a misdemeanor and it is punishable by up to six months in jail and a maximum fine of $1,000. ; What’s Reasonable: Self Louisiana assault and battery attorney Eric Johnson has fought criminal charges for over 27 years and will use his experience to craft a solid defense for you. 14:60. Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more Simple battery is not a crime of violence, unlike the crimes of aggravated and second-degree battery which are considered as such in Louisiana. 1 as a battery committed without the victim’s consent, where the offender intentionally causes serious bodily injury. Amended & Reenacted. (12) Sexual battery. Booking Date: 1/15/2025. Previous part of code Next part of code. Please check official sources. 00 Domestic abuse battery is the intentional use of force or violence committed by one (1) household member or family member upon the A. Motion to expunge record of arrest and conviction of a felony offense The conviction was for domestic abuse battery. Sexual battery A. 2d 491 (1968) . Back to chapter list . 394, §1. Test. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Simple burglary is either of the following: (1) The unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein, other than as set forth in R. This can affect you negatively when applying for a job, applying for a loan, or purchasing a gun. Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for Under Louisiana law simple battery is a misdemeanor punishable by a maximum of two years' imprisonment and a $300 fine. Customer: Louisiana Lawyer's Assistant: What steps have you taken so far? Customer: None Lawyer's Assistant: Anything else you want the Lawyer to know before I connect you? Customer: No Louisiana’s criminal laws are contained in Title 14 of the Louisiana Revised Statutes. City of Baton Rouge MK139900-M00. (d) Any offense or bench warrant issued involving the failure to pay a legal child support Battery is any touching of another person against the will of that person. Trending News Two wanted for allegedly stealing total of 11 packages of Louisiana divides sexual assault into two main categories—rape and sexual battery. § 14:35. The penalties increase dramatically for aggravated battery, which is §62. Initial Interview . A good example of the importance of charge reduction occurred recently with one of my clients in Lafayette, Louisiana who was charged with armed robbery. Created by. 14:2 (B) Note: Crimes of Violence are non-expungeable offenses. We make no Simple battery is a battery committed without the consent of the victim. Acts 1978, No This charge carries more severe consequences than simple battery and requires an understanding of specific criteria and implications. Universal Citation: RS 34 - Aggravated battery . It is defined in §33 as “the intentiona Simple Battery: Guilty. For more in-depth information, refer to these scholarly articles: Aggravated Battery – The Fist or Teeth as a Dangerous Weapon – Louisiana Law Review. Second-Degree Battery In Louisiana, assault and battery without weapons are typically charged as misdemeanor offenses punishable by jail time and substantial fines. It is a misdemeanor offense, with penalties including a fine of up to $1,000 and/or imprisonment for up to six months. R. 1. City: Vivian, LA. attorneycarl. A vice principal at Magnolia Trace Elementary School near Mandeville remains on the job after the St. Individuals arrested for domestic abuse battery, violation of protective orders, or any felony involving force or violence must undergo a risk assessment before bail is set. In Louisiana, aggravated battery is defined under La. Louisiana. Simple Battery on Protected Victims WE WILL DEFEND YOU AGAINST SIMPLE BATTERY. 391 U. In Louisiana, most domestic violence charges are considered misdemeanor offenses. Product overview. The next court date? On the 3rd of March The state is louisiana. It involves an attempt to commit a battery or intentionally placing someone in reasonable fear of a battery. Mauris finibus odio eu maximus interdum. Penalties for simple assault in Louisiana include up Second degree battery in Louisiana is a felony offense as opposed to simple battery which is a misdemeanor offense. 81, §1; Acts 2014, No. Misdemeanor simple battery carries increased penalties when the victim is a school teacher, bus operator, police officer, emergency health worker, or . madison_huberman4. (2) Unsoundness of Misdemeanor Domestic Battery Charges. Penalties for simple battery in Louisiana depend on the specifics of the offense, reflecting the seriousness of the act and any aggravating factors. 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 What’s the law on simple battery in Louisiana? A. In short, the intentional use of force or violence against another is a battery. In Louisiana, getting charged with domestic abuse battery means potential jail time and fines. LA Rev Stat § 14:35. It becomes Domestic Battery when the other person is a family member or individual who lives with you or has lived with you involved in a romantic relationship. What are the penalties for aggravated battery in Louisiana? Aggravated battery in Louisiana is a charge in which the defendant can receive probation. In Louisiana, battery without a weapon and without intentional conflict of serious injury is classified as a simple battery charge. Below, our Shreveport/Bossier City criminal defense law firm will list the penalties for the different types of battery and assault charges in the state of Louisiana. I already have distubing the peace charge on my record from the past and took anger management. § 14:38. 43-Simple rape - 43- 44-Aggravated kidnaping What is domestic abuse battery in Louisiana (Louisiana laws RS 14:35. He appealed on the grounds that the state had violated the Simple Battery Charges in Louisiana. Call or text us immediately at (504) 427-6210 for a confidential, free consultation . Simple burglary of a pharmacy. 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. On the 3rd of March The state is louisiana. 1 (2017) Second degree battery. Simple battery is a misdemeanor offense. 25. Domestic abuse battery is the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member. Simple battery A. The focus is on the intent to instill fear rather than cause physical harm. 2 - Simple battery of persons with infirmities A. answer. 2022 Louisiana Laws Revised Statutes Title 14 - Criminal Law §14:33. Will a pending battery charge affect my ability to buy a gun? While a pending charge may not automatically disqualify someone from purchasing a firearm, it could potentially cause delays in the 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 Examples of misdemeanors include minor traffic violations, theft, Simple Battery, Disturbing the Peace, Criminal Mischief, and Simple Assault. Sexual battery charges vary in severity based on the circumstances, such as the victim’s age or whether the act caused injury. Sgt. Battery of a child welfare or adult protective service worker §35. Universal Citation: LA Rev Stat § 14:34. Simple battery of persons with infirmities is a battery committed against a person who is infirm, has a disability, or is aged and who is incapable of consenting to the battery due to either of the following: (1) Advanced age. Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, For Louisiana’s criminal offenders, the first arrest is often the consequence of poor decision-making. 00), or imprisoned for not more than six (6) months, or both. 00 and jailed for up to 6 months. 2. 81, §1. Louisiana Revised Statutes 14:35 defines simple battery as “a battery committed without the consent of the victim. 2021 Louisiana Laws Revised Statutes Title 14 - Criminal Law §34. Whoever commits a simple battery shall be fined not more than one thousand dollars or A. Definition of Battery Crimes in Louisiana. Previous Next Disclaimer: These codes may not be the most recent version. Whoever does this may face up to one thousand dollars in fines and up On the charge of simple battery alone, I agree that there was insufficient evidence to support a conviction for simple battery. 14:35 Simple battery is a battery committed without the consent of the victim. He had requested a jury trial which was denied because the Louisiana Constitution grants jury trials only in cases where capital §35. 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 battery charges Louisiana Different Types of Battery . This information does not infer or Hodges Law Firm - Experienced criminal law team defending battery charges. P. It occurs when an individual intentionally inflicts serious bodily injury upon another. 22, 2020 court date in Natchitoches City Court. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the Is Simple Assault in Louisiana a felony or misdemeanor? Simple assault in Louisiana is a misdemeanor offense. 2 - Simple battery of persons with infirmities. 337-704-2615 contact @ thomasvalonzo. 978. com . Do this mean there will be more fines or jail time? Asked 2/05/06, 1:17 am in United States Louisiana Criminal Law. Copy. Misdemeanor domestic battery cases in Louisiana relate to the intentional or wanton infliction of corporal injury to an intimate partner, typically referred to as spousal battery, such as those in a dating relationship, former intimate partner, current or former spouse, or domestic violence against a family or household member. Whoever commits a simple battery shall be fined The charges are simple battery and disturbing the peace. Skip Navigation. Duncan was arrested and ultimately charged with simple battery. A. Remember - physical violence is never the answer, but if you do find Gary Duncan, a 19-year-old Black man, was convicted of simple battery in Louisiana after he allegedly slapped a white boy on the elbow. Unlike aggravated assault, it does not involve a dangerous weapon. (2) "Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal or Former Union Parish Deputy Arrested for Simple Battery and Malfeasance Farmerville – In October 2023, Louisiana State Police Bureau of Investigations/Monroe Field Office (LSP BOI MFO) Investigators were contacted by Union Parish Sheriff’s Office in reference to a use-of-force complaint involving an on-duty deputy. 40:961(7), with the intent to commit the theft of any drug which If a battery charge has been expunged, it may not show up on a background check and therefore may not impact the ability to purchase a firearm. Simple battery is very straightforward -- It's just the intentional non-consensual use of force. ” Battery is defined in La. If the victim of domestic abuse battery is pregnant and the offender knows that the victim is pregnant at the time of the commission of the offense, the offender, who is sentenced under the provisions of this Section, shall be required to serve a Last week, Gov. 14:33 as “the intentional use of force or violence upon the person Under Louisiana law, simple battery is a misdemeanor, punishable by a maximum of two years’ imprisonment and a $300 fine. Now that domestic abuse battery has been clearly explained and the terms defined. Definition and Criteria for Aggravated Battery. The crimes OP is referencing are Simple Battery (LA RS 14:35) and Aggravated Battery (LA RS 14:34) The main difference is that simple battery is a battery committed with your person, and aggravated battery is a battery committed with a dangerous weapon (which can essentially be considered anything that isn't a natural part of your body). According to the provided information, 2013 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:35 - Simple battery. Previous Next Disclaimer: These codes may not be the most recent Louisiana Revised Statutes Tit. 9. Skip to content. Box 94062 (900 North Third Street) Baton Rouge, Louisiana 70804-9062 The following types of sample battery charges exist in Louisiana: Simple Battery. Let us take a look at the punishment that awaits offenders. Simple or third degree rape. 394, §1; Acts 2006, No. Defining Laws: 13:35 Simple battery - City of Baton Rouge. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this A. An experienced defense attorney has the skill set to help you navigate through the legal system and provide you with an opportunity to fight the charges against you. K Charge Description: Domestic Abuse Battery; Pregnant Victim; It is more severe than second degree battery and simple battery. Under Louisiana law, simple rape and third-degree rape are the same offense defined in the 2006 Louisiana Laws - RS 14:35 — Simple battery §35. The NFL player was released from lockup at 10 p. Back to chapter list. Study Aids . Under Louisiana law, simple battery was a misdemeanor punishable by up to two years' imprisonment and a $300 fine. In this Code the terms enumerated shall have the designated meanings: (1) "Another" refers to any other person or legal entity, including the state of Louisiana or any subdivision thereof. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the In Louisiana, aggravated battery carries a sentence of up to 10 years in prison while simple battery carries a maximum sentence of six months. or the intentional placing of another in reasonable apprehension of receiving a battery. 04-3222 (La. Our firm handles simple battery charges for clients throughout the greater New Orleans area, and we have convenient office locations in both Metairie and Gretna, Louisiana. 3 — Domestic abuse battery. We will talk about these now. Thompson is a boardcertified psychiatrist and forensic neuropsychiatrist- §35. This statute distinguishes it from simple battery by involving an instrument Learn about the severe repercussions of battery convictions in Louisiana and explore potential routes towards mitigation and societal reintegration. 6. An attorney can help protect your rights, negotiate plea deals or settlements, and defend you in court if necessary. 35-D Simple battery, domestic . 2018 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:35. Simple battery is a battery committed without the consent of the victim. The penalties for simple battery are up to six months in jail and a fine of up to $1,000. 14:35. Flashcards. 791, §7. Simple battery of persons with Under Louisiana law simple battery is a misdemeanor punishable by a maximum of two years' imprisonment and a $300 fine. La. As it was punishable by no more than two years, simple battery is a misdemeanor under Louisiana law and so he was not subject to trial by jury. LA Rev Stat Simple battery. Simple assault is an assault committed without a dangerous Section 14:35. | Recently Booked | Arrest Mugshot | Jail Booking 14:35 Charge Description: Simple Battery; Charge Code: 14:35. 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 RS 14:35. Definition and Criteria. If you're facing battery charges, it's important to seek legal representation as soon as possible. In Louisiana, simple assault is defined under Louisiana Revised Statutes Title 14, Section 38. Definitions A. Louisiana may have more current or accurate information. Battery charges can have serious consequences in Louisiana, both criminally and civically. If you are convicted of simple battery, then you may be fined for up to $1,000. Aggravated battery involves the use of a dangerous weapon while using force or The charges are simple battery and disturbing the peace. (AP) — A Louisiana prison guard has been arrested for allegedly using excessive force on an inmate and lying about it. Appellant was convicted of simple battery and sentenced to 60 days in prison and a fine of $150. Simple battery of persons with infirmities is a battery committed against a person who is infirm, has a disability, or is aged and who is incapable of consenting to the battery due to either of the following: Louisiana may have more current or accurate information. ASSAULT AND BATTERY (WITH RELATED RS 14:33 - Battery defined . (13) Violation of a protective order if the violation involves a battery or any BATON ROUGE, La. Tammany Parish Sheriff's Office issued her a summons for simple battery involving an Trackling, the Louisiana Supreme Court proclaimed the crime of attempted simple battery is “not [a] separate, cognizable offense[]” under Louisiana Law because attempting to commit a simple battery is already recognized under Louisiana Law as an “assault,” pursuant to La. Booking Number: 202500271823. UNION PARISH (KTVE/KARD) — On Wednesday, January 15, 2025, former Union Parish Sheriff deputy Chris Harpin appeared in the Third Judicial District Court and was charged with Simple Battery for 2011 Louisiana Laws Revised Statutes TITLE 14 — Criminal law RS 14:35. The Appellant, Gary Duncan (Appellant), was convicted of simple battery, a misdemeanor, in a Louisiana district court. Battery of a dating partner is the intentional use of force or violence committed by one dating partner upon the person of another dating partner. 1. 1 - Second degree battery. Guilty of attempted aggravated kidnapping. White-majority opinion-6th amendment guarantees a trial by jury-Duncan denied his rights-Louisiana law did not match current and 2018 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:34. Appellant sought trial by jury, but because the Louisiana Constitution grants jury trials only in cases in which capital punishment or imprisonment at hard labor may be imposed, the trial judge denied the request. How Is Aggravated Battery Defined? An aggravated battery is a battery committed with a dangerous weapon. RS 14:35. B. (City Code 1951, Title 13, § 600(a)) In Louisiana, simple assault is defined under Louisiana Revised Statutes Title 14, Section 38. If it's non-consensual, it's a simple battery. But in general, these are the penalties for Louisiana battery charges: Simple Battery is causing minor injury or committing offensive contact without the use of a weapon 2018 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:35 - Simple battery. Guilty of second degree kidnapping. Customer: I need assistance with potential simple domestic battery question Lawyer's Assistant: What state are you in? It matters because laws vary by location. Read the code on FindLaw Skip to main content Skip to AI Virtual Agent B. Ed. Simple battery of persons with infirmities is a battery committed against a person who is infirm, has a disability, or is aged Louisiana Code of Criminal Procedure Tit. S. New Orleans Simple Battery Defense Attorney Simple Battery -- La R. 2 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. 38- sault, domestic . Universal Citation: LA Rev Stat § 14:33 (2017) Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation. Share on Facebook; Share on SMS; Get the Simple Battery legal definition, cases associated with Simple Battery, and legal term concepts defined by real attorneys. Whoever commits a simple battery shall be fined not more than one thousand dollars or Mandatory minimum sentences apply if a defendant commits a felony battery or misdemeanor simple battery or domestic abuse battery while possessing or by using or Section 14:35 - Simple battery A. Simple burglary A. Definition of In Louisiana, second-degree battery is defined in Louisiana Revised Statutes 14:34. §62. 394, §1; What Are the Penalties for Simple Battery in Louisiana? Simple battery crimes start off as a misdemeanor but can quickly become a felony with potential prison time. We make no warranties or 2016 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:35. Code of Federal Regulations » It shall be unlawful for any person to commit the crime of battery. (2) Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim. §2. He was charged with Simple Battery. 3 — Domestic abuse battery §35. What are the penalties for second degree battery in Louisiana? Pursuant to La RS 14:34. Carl Barkemeyer answers some common questions regarding simple battery charges in Louisiana. Universal Citation: LA Rev Stat § 14:35. simple robbery, purse Thomas, a wide receiver for the Black and Gold, was charged with two misdemeanors, simple battery and criminal mischief, after an investigation. 3. 35-Simple battery . 37-Aggravated assault . (2) Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or Some forms of battery include the following: Simple battery under La RS 14:35: this involves taking actions that lead to touching or hitting another person in a way that they are uncomfortable with. UNION PARISH (KTVE/KARD) — On Wednesday, January 15, 2025, former Louisiana State Trooper Chris Harpin appeared in the Third Judicial District Court and was charged with Simple Battery for his A misdemeanor battery charge typically involves less severe consequences. V, Art. Height: 5. Simple battery is a misdemeanor that may result in up to six months in prison and/or fines as high as $1,000. The motion to expunge a record of arrest and conviction of a felony offense shall be served pursuant to the provisions of Article 979. 14, Section 35. LA Rev Stat § 14:35 What's This? §35. Previous Next Disclaimer: These codes may not be the most recent 2017 Louisiana Laws Revised Statutes TITLE 14 - Criminal Law RS 14:33 - Battery defined. He was 44 years old on the day of the booking. This charge §35. Match. Under Louisiana Revised Statutes 14:35, simple battery is punishable by a fine of up to $1,000, imprisonment for up to six months, or both. Domestic abuse battery Louisiana may have more current or accurate information. Simple Assault Penalties in Louisiana. If the victim of domestic abuse battery is pregnant and the offender knows that the victim is pregnant at the time of the commission of the offense, the offender, who is sentenced under the provisions of this Section, shall be required to Additional Resources. Penalty for a simple battery conviction is up to Simple Battery of the Infirm -- 14:35. m Louisiana law imposes harsher penalties for certain misdemeanors involving firearms, misdemeanors targeting certain individuals, or when a person has prior convictions for the same offense. Simple burglary of a pharmacy is the unauthorized entry of any building, warehouse, physician's office, hospital, pharmaceutical house, or other structure used in whole or in part for the sale, storage and/or dispensing of controlled dangerous substances, as defined in R. Brent Lewis Evans was booked on 1/15/2025 in Calcasieu Parish, Louisiana. The distinction of such offenses is relevant since if it is a crime of violence if the defendant is sentenced to suffer imprisonment and must complete 85% of his sentence; otherwise, his ability to parole is RS 35 - Simple battery. C. Read the code on FindLaw except the crime of simple battery unless the warrant or attachment indicates that the battery was prosecuted as a domestic abuse battery as defined in R. For purposes of this Section: What is Battery in Louisiana? Simple battery occurs when one person uses force or violence against another person without their consent. It can be a tap, a shove, spitting, grabbing an item from the hand of another. This classification typically includes less severe forms of domestic violence, such as simple battery, where physical harm is inflicted without the intent to cause serious injury. Sexual battery is the intentional touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when any of Former Union Parish Deputy Arrested for Simple Battery and Malfeasance Farmerville – In October 2023, Louisiana State Police Bureau of Investigations/Monroe Field Office (LSP BOI MFO) Investigators were contacted by Union Parish Sheriff’s Office in reference to a use-of-force complaint involving an on-duty deputy. For purposes of this Section: Under Louisiana law simple battery is a misdemeanor, punishable by a maximum of two years' imprisonment and a $ 300 fine. Simple battery of persons with infirmities is a battery committed against a person who is infirm, has a disability, or is aged and who is incapable of consenting to the battery due to either of the following: In Louisiana, the penalties for misdemeanor simple battery include a fine of up to $1,000 and imprisonment up to six months. Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both. 01/01/1951 - Present. Contact my firm, The Ambeau Law Firm, to fight your charges today! 225-330-7009. Brief Fact Summary. This crime is a 2011 Louisiana Laws Revised Statutes TITLE 14 — Criminal law RS 14:35 — Simple battery . Acts 1978, No. Due to the nature of domestic violence, law enforcement officials often arrest an accused even before a proper investigation is done. (b) 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. For purposes of this Section: (1) "Burning" means an injury to flesh or skin caused by heat, electricity, friction, radiation, or any other chemical or thermal reaction. Simple battery of persons with infirmities §35. Domestic abuse battery A. If you or a loved one has recently been charged with simple battery in the Shreveport - Bossier area, Attorney Ebonee Norris and her team 2011 Louisiana Laws Revised Statutes TITLE 14 — Criminal law RS 14:35. Is Simple Battery a Misdemeanor or a Felony? Misdemeanor crimes are those that are considered to be less serious in nature. There are felony grades of assault that are determined based on the alleged facts. He had requested a jury trial which was denied because the Louisiana Constitution grants jury trials only in cases where capital Counties & Cities of Louisiana. The impact of a simple battery conviction can extend beyond legal penalties, affecting employment Simple Battery — La R. The Appellant claimed the state’s denial of trial Simple battery §35. ; Territorial Aggression – Expanding California’s Penal Code Regarding Assault and Battery of Code Enforcement Officers – McGeorge Law Review. Visit the post for more. In Louisiana, second degree battery is defined under La. Simple battery; Aggravated battery; Second-degree battery; Aggravated second-degree battery; Battery of special victims (the elderly, disabled, school teachers, police officers, and others) A person who faces charges of assault and battery charges in Louisiana can face harsh criminal and civil penalties. 14:34 as a battery committed with a dangerous weapon. On June 17, summons were issued to both Richmond and Haigler charging them with simple battery (Louisiana RS 14:35), with Sept. Here are some 2023 cases in your state involving simple battery. Duncan was convicted and received a 60-day prison sentence and a fine of $150. Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more Simple battery is a battery committed without the consent of the victim. Section 14:35 - Simple battery A. 14:33 defines battery as “the intentional use of force or violence upon the person of another” 3 Dr. Battery defined. Previous Next SUBPART B. Domestic abuse battery. Learn. Under Louisiana law, jury trials are not granted in misdemeanor cases. 01/19/06), 921 So. 2 Louisiana Revised Statutes 14:35. Simple battery, for example, is a misdemeanor and may result in a fine of up to $1,000 or imprisonment for up to six months. 2 Simple Battery of the Infirm; and (7) A. 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. However, in correctional facilities, the context can lead to additional disciplinary actions, such as solitary confinement or loss 2 La. Simple Battery. I can help you to fight your battery charge in Louisiana. O. It is divided into multiple subparts dealing with crimes against persons, crimes against property, sex offenses, etc Battery is contained in Chapter 1, Part II, Subpart B. We make no warranties or guarantees about the accuracy, completeness, or Definition and Criteria for Simple Assault. 211. 40:961(7), with the intent to commit the theft of any drug which Battery against spouses or domestic partners and children are also treated separately and you can read more about these charges on our Louisiana Domestic Abuse Battery page. The Simple battery of persons with infirmities. Views: 1 . 38-Simple assault . This could lead to inflicting physical hurt on the person. City of Baton Rouge. According to the provided information, How does Louisiana law address domestic abuse battery that results in serious bodily injury requiring emergency medical treatment? If a domestic abuse battery incident results in serious bodily injury to the victim, Experienced criminal defense against all Louisiana assault and battery charges including simple, aggravated, felony and misdemeanor assault and battery. 37-D Aggravated assault, domestic . Aggravated battery: this, usually, is battery which has been taken an inch further. Charges: Charge Description: Simple battery ** This post is showing arrest information only. See La. Home; About Ambeau Law. Universal Citation: LA Rev Stat § 14:33 (2022) RS 14:33 - Battery defined . For purposes of this Section: (1) "Burning" means an injury to flesh or skin caused by heat, electricity, friction, radiation, or any other chemical or Experienced criminal defense against all Louisiana assault and battery charges including simple, aggravated, felony and misdemeanor assault and battery. I was reprted by another student, as hitting her, but all I did was petting her head and I intended to say hello,and she was not a stranger to me. 1444, 20 L. Louisiana Crimes of Violence — La R. As stated, there are several types of battery and each of them are different charges and penalties. Duncan requested a jury trial, but was denied this based on the Louisiana Constitution, which In Louisiana, second degree battery is defined under La. Simple Battery This is when someone commits battery without consent from the other person. §34. Simple battery of the infirm. In Louisiana, sexual battery charges encompass inappropriate touching or groping, whether through force or coercion. Aggravated battery . Ut ultricies suscipit justo in bibendum. What is Simple Battery? A. 2, Battery of a Police Officer; (4) 14:34. 39- 42-Aggravated rape . Get more info:Call (225) 964-6720https://www. 3 - Domestic abuse battery. Both can result in felony convictions, as well as mandatory sex offender registration. If you are convicted of a DUI in Louisiana, it can stay on your record for the rest of your life. This distinguishes it from simple battery, which does not In Louisiana, second-degree battery is defined in Louisiana Revised Statutes 14:34. Both crimes prohibit engaging in sexual conduct with another person without lawful consent. (b) Whoever commits a simple battery shall be fined not more than five hundred dollars ($500. Ct. Contact us for a consultation. irvrlv huqufmtv hyj urio dfmc mcycua sqo tlaom mxev psiw