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Man attacking another man - Second Degree Battery Louisiana

Second Degree Battery in Louisiana

Second degree battery in Louisiana is charged in the certain circumstances under La. R. S. 14:34.1. Second degree battery is a battery when the offender intentionally inflicts serious bodily injury. The penalties can include up to a $2,000 fine and 8 years imprisonment.

A criminal defense trial for second degree 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.

To be clear, there is a difference between what the police charge and what the District Attorney charges. The charge of arrest and what can be proven at trial are often times very different.

This is obviously a very serious charge and requires a very serious criminal defense. The key element of the crime here is the ‘serious bodily injury’ part of the statute. This is a term defined in the statute itself, as: “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”.

In the criminal defense of these cases there are usually medical records related to the injury. If there are no medical records, it usually depends on the testimony of witnesses, or the alleged victim, as to unconsciousness. In a prosecution of this crime it is sufficient if there are broken bones or lacerations to the skin. Again, the skilled criminal defense attorney attacks the essential elements of the crime and it is no different in these cases. I’ve recently had a case where the District court found no probable cause in a preliminary examination where an alleged victim went to the hospital after an altercation with a suspect, but was only given over-the-counter pain medication and nothing more. The Court found that this was not “serious bodily injury” and the mater was reduced to simple battery, a misdemeanor, as opposed to 2nd degree battery, a felony.

If you, or someone you know, has been charged with second degree 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. 14:34.1. Second Degree Battery

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 obtained the consent of a patient.

B. 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.

(3) “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.

C. Whoever commits the crime of second degree battery shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than eight years, or both. At least eighteen months 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 second degree battery was committed because of that status.

(2014).

Disclaimer: This code is updated to 11/20/2018, it 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.

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