Criminal Defense of aggravated battery in Louisiana is charged in the following circumstances, statute in blue below. A criminal defense trial for aggravated battery is procedurally like any other serious felony, in that it is a very serious charge that takes a tremendous effort and skill level to properly defend.
It is important to note here that there is a difference between what the police charge and what the District Attorney charges. The police arrest people on charges that they determine are the most appropriate under the circumstances. Police officers are not attorneys. The District Attorney will normally take the evidence of arrest and investigation and make a determination as to the proper charge, or the charge that the DA feels he/she can prove at a trial on the matter. What a police officer perceives and what can be proven at trial are often times two very different charges.
This is obviously a very serious charge and requires a very serious criminal defense. The key here is the ‘dangerous weapon’ part of the statute. This is a term defined in the Louisiana Courts, where not already defined by statute, and you attorney should be prepared to fight the State on the nature of the weapon. An experienced criminal defense attorney will make the State prove both that there was physical contact between the parties, but also that the instrument used was a dangerous weapon. In cannot be that the person who is the alleged victim just thinks that the weapon was dangerous, it has to actually have been defined as, or can be defined as, a dangerous weapon.
If you, or someone you know, has been charged with aggravated battery, hire a skilled criminal defense attorney immediately. Call The Ambeau Law Firm, and we will start the fight from the first day, and work diligently to get you the best outcome possible in your criminal defense matter.
La. R. S. 14:34. Aggravated battery
A. Aggravated battery is a battery committed with a dangerous weapon.
B. 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. At least one year 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 aggravated battery was committed because of that status.
C. 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.
Disclaimer: These codes may not be the most recent version. The Legislature of the State of Louisiana may have more current or accurate information. The Ambeau Law Firm makes no warranties or guarantees about the accuracy or completeness of the information contained on this page – please consult your attorney and/or check official sources.