Criminal Defense of second degree battery
In Louisiana is charged in the following circumstances, statute below. 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
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.