New Orleans Battery Attorney
Battery Defined — 14:33
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.
Simple Battery — La R.S. 14:35
Simple battery
is a battery committed without the consent of the victim.
Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.
Aggravated Battery — La RS 14:34
Aggravated battery is a battery committed with a dangerous weapon. This crime is a felony.
Whoever commits an aggravated battery shall be fined not more than Five Thousand Dollars, imprisoned with or without hard labor for not more than 10 years, or both.
Aggravated Battery is a crime of violence, therefore it cannot be expunged from your record.
Second Degree Battery — La RS 14:34.1
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.
For purposes of this Section, “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.
Penalty / Sentencing
Whoever commits the crime of second degree battery shall be fined not more than $2,000 dollars or imprisoned, with or without hard labor, for not more than 8 years, or both.
Second Degree Battery is a Crime of Violence, therefore it cannot be expunged
from your record.
Aggravated Second Degree Battery — La RS 14:34.7
Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
For purposes of this Section, “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.
Penalty / Sentencing
Whoever commits the crime of aggravated second degree battery shall be fined not more than $10,000 dollars or imprisoned, with or without hard labor, for not more than 15 years, or both.
Simple Battery of the Infirm — 14:35.2
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.
(2) Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.
“Infirm, Disabled, or Aged Person” includes but is not limited to any individual who is a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility, or any individual who is sixty years of age or older.
Lack of knowledge of the person’s age shall not be a defense.
Penalty / Sentencing
Whoever commits the crime of battery of the infirm shall be fined not more than $500 and imprisoned not less than 30 days not more than 6 months, or both.
Battery of a Police Officer — La RS 14:34.2
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.
For purposes of this Section, “police officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.
For purposes of this Section, “battery of a police officer” includes the use of force or violence upon the person of the police officer by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated by a court of law and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.
Penalty / Sentencing
Whoever commits the crime of battery of a police officer shall be fined not more than $500.00 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence. This is a misdemeanor.
The following offenses are felonies:
If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than $1,000 dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than 1 year nor more than 5 years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
If the battery produces an injury that requires medical attention, the offender shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both. At least 30 days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Battery of a School Teacher — La RS 14:34.5
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.
Penalty / Sentencing
Whoever commits the crime of battery of a school teacher shall be punished as follows:
If the battery was committed by a student, upon conviction, the offender shall be fined not more than $5,000.00 dollars or imprisoned not less than 30 days nor more than 1 year. At least 72 hours of the sentence imposed shall be imposed without benefit of suspension of sentence.
If the battery was committed by someone who is not a student, the offender shall be fined not more than $5,000.00 thousand dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.
If the battery produces an injury that requires medical attention, the offender shall be fined not more than $5,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.
Battery of a School or Recreation Athletic Contest Official — La RS 14:34.4
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.
Definitions
“School athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or school or school board employee of any public or private elementary and secondary school while actively engaged in the conducting, supervising, refereeing, or officiating of a school sanctioned interscholastic athletic contest.
“Recreation athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or recreation employee of any public or quasi public recreation program while actively engaged in the conducting, supervising, refereeing, or officiating of a sanctioned recreation athletic contest.
Penalty / Sentencing
Whoever commits the crime of battery of a school or recreation athletic contest official shall be fined not more than $500 dollars and imprisoned not less than 48 hours nor more than 6 months without benefit of suspension of sentence, except as provided in Paragraph below.
The court, in its discretion, may suspend the imposition of the sentence and place the offender on probation with the condition that he shall perform 5 days of community service work. Failure to successfully complete the community service work, as determined by the supervisor of the program to which he is assigned, may result in revocation of probation.
Battery of a Correctional Facility Employee — La RS 14:34.5
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.
Definitions
“Correctional facility employee” means any employee of any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.
“Battery of a correctional facility employee” includes the use of force or violence upon the person of the employee by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.
Penalty / Sentencing
Whoever commits the crime of battery of a correctional facility employee shall be fined not more than $500 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence.
The following offense is a felony:
If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than $1,000 dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than 1 year nor more than 5 years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
Battery of a Bus Operator — 14:34.5.1
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.
Penalty / Sentencing
Whoever commits the crime of battery on a bus operator shall be fined not more than $500 hundred dollars and imprisoned for not less than 48 hours nor more than 6 months without benefit of probation, parole, or suspension of sentence.
