Criminal Defense of a battery charge in Louisiana is charged in the following circumstances, statute in blue below.
Battery and assault are different crimes. This is one of the fundamental misunderstandings in the non-attorney community, and honestly was something I misunderstood prior to law school. A battery is the act of touching, in a certain manner described by the separate laws related to battery in Louisiana. In order for there to be a battery, there has to be some contact between the accused and alleged victim. An Assault is simply causing an apprehension, or fear, of a battery. A person can be assaulted without a battery, and interestingly enough, a person can be battered without an assault – in the case that the person did not know the battery was going to happen and therefore had no chance to be in fear or apprehension of its occurrence.
The kinds of battery that are regularly charged are: (1) 14:34, Aggravated Battery; (2) 14:34.1, Second Degree Battery; (3) 14:34.2, Battery of a Police Officer; (4) 14:34.7, Aggravated Second Degree Battery; (5) 14:35, Simple Battery; (6) 14:35.2 Simple Battery of the Infirm; and (7) 14:35.3, Domestic Abuse Battery. There is a page for each of these individual crimes on my site for further specific information related to each.
If you, or someone you know, has been charged with any of the battery charges, 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. 14:33. 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.
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.