Understanding Second‑Degree Battery (La. R.S. 14:34.1)

Overview of the Statute

Louisiana divides battery offenses into degrees based on the harm caused and whether a weapon was involved. Second‑degree battery is more serious than simple battery but does not involve the dangerous weapon required for aggravated battery. Under La. R.S. 14:34.1(A) it is defined as a battery in which the offender intentionally inflicts serious bodily injury. In plain terms, it punishes violent acts that cause significant harm even when no weapon is used. The statute excludes consensual medical procedures and defines “active member of the United States Armed Forces” and “disabled veteran” for sentencing enhancements. A conviction can result in a fine up to \$2,000 and imprisonment for up to eight years. When the defendant targets a victim because of their military status, at least eighteen months of the sentence must be served without parole or probation.

The statute provides no definition of “serious bodily injury,” but it has been construed to include extreme physical pain, unconsciousness, permanent disfigurement or loss of the function of a body part that results in prolonged impairment. This may be for fractures, deep cuts and required stitches, extended periods of unconsciousness or permanent damage to hearing. Minor bruises or fleeting pain ordinarily do not meet this threshold. Because second‑degree battery is a specific‑intent crime, the prosecution must prove the defendant intended to inflict such harm.

Elements Required for Conviction

The State must establish three things beyond a reasonable doubt in order to prove guilt:

1. Intentional use of force or violence. Application of force or violence upon another. Use of force or violence used by defendant against another person was willful. The contact can be direct (punches, kicks) or indirect (projectile throwing)
2. Lack of consent. Lack of consent. There was no willing consent by the victim to the touching. Consensual fights or sports may remove this factor, although those inflicting serious injuries can still be prosecuted.
3. Specific intent to inflict serious bodily injury. The defendant specifically intended to cause serious harm【341 Second degree battery.txt. Intent may be inferred from the severity of the assault, the use of an object, or statements made during the incident; reckless or negligent conduct alone is insufficient.

Second‑degree battery sits between related offenses. Simple battery covers intentional force without serious injury, while aggravated battery requires a dangerous weapon. Second‑degree battery requires neither a weapon nor multiple blows; a single strike that fractures a jaw or causes lasting impairment suffices【341 Second degree battery.txt】.

Establishing specific intent is usually dependent on circumstantial evidence. The jury might infer intent from the type of attack: punches repeatedly thrown, use of blunt object, or threats expressed while attacking. For instance, in State v. Harris the Fourth Circuit upheld a conviction when the defendant punched the victim with so much force that he fell, cracked his skull and had permanent hearing loss; the force of extreme nature and consequent harm proved intent to cause serious injury【341 Second degree battery.txt. Similarly, State v. Walker affirmed a conviction where the defendant stalked the victim and struck him, fracturing his jaw on both sides【341 Second degree battery.txt. These cases indicate that juries can look beyond the quantity of blows in an inference of intent from the viciousness and impact of the act.

Reasonable Defenses

While a conviction for second‑degree battery carries significant consequences, defendants have several potential defenses.

Self‑Defense / Justification

Louisiana permits the use of force when it is reasonable and apparently necessary to prevent an offense against one’s person. The prong of a defendant mark possesses a reasonable want “defense” must show that he reasonably believed that force was necessary and that he used no more force than was necessary. More specifically, courts consider both what a reasonable person might perceive and the defendant subjective belief. When a defendant provoked the fight or could have safely withdrawn, the defense event likely will fail Recent appellate decisions illustrate the defense’s narrow scope; for example, they confess out defendants who attacked unarmed victims and could have walked away 【341 Second degree battery.txt】 or defendants who pursued victims or continued to beat them after they had fallen 【341 Second degree battery.txt】.

Aggressor Doctrine and Withdrawal

Under the aggressor doctrine applied in Louisiana, a defendant who is an instigator cannot claim self‑defense unless he withdraws and makes known his withdrawal. The above authorities all indicate that it is a third party’s pursuit of the victim or return to continue an assault which allows the finder of fact to conclude that defendant’s threat was not immediately avoidable txt】.

Lack of Specific Intent

Because second‑degree battery is a specific‑intent crime, the State must establish that the defendant intended to inflict serious injury. Proof of a blow being given in self-defense at a struggle, or under provocation by the defendant out of blood from passion, is evidence to negative intent. Severe intoxication or mental impairment can also negate specific intent, while voluntary intoxication generally is not a defense.

Absence of Serious Bodily Injury

If the injuries to the victim are not found to be “serious bodily injury” by the court, the offense may thus be charged as a simple battery. If the prosecutor intends to prove these injuries as serious, the defense counsel may cross-examine medical personnel, reviewing medical records and posing as an expert witness on injuries to diminish the victims’ injuries to bruising and minor cut with no permanent impairment. In State v. German the court refused to instruct on second‑degree battery because the medical records showed no serious wounds【341 Second degree battery.txt】.

Consent or Mutual Combat

Mutual fights may undermine the lack‑of‑consent element. However, Louisiana courts seldom recognize consent as a complete defense when a participant suffers severe injuries. Agreeing to a fight does not authorize inflicting substantial harm. Even in mutual combat, intentionally breaking another person’s nose or jaw can lead to prosecution.

Identity / Mistaken Identity

A criminal defendant must be identified beyond a reasonable doubt. Such altercations are often chaotic with multiple participants. The eyewitnesses may not be able to give accurate accounts of what they had seen. For example, reasonabIe doubt may be raised by presenting issues relating to poor lighting, intoxication, inconsistent statements, or cross-racial identification.

Case Law Highlights

Defining the Offense

The appellate courts have been consistent in holding that the prosecutor must prove intentional application of force without consent and a specific intent to cause serious bodily injury【341 Second degree battery.txt】. Specific intent may be inferred from circumstances of the attack: repeated blows, use of a hard object, or threats—reckless behavior by itself will not suffice. The court will also say that the injury must be serious: fractured skulls, broken jaws, deep cuts, and prolonged unconsciousness satisfy the requirement【341 Second degree battery.txt】. On the other hand, courts will refuse to instruct for second-degree battery when photographs and medical documents demonstrate only minor bruising【341 Second degree battery.txt】.

Self‑Defense in Practice

Many appellate opinions examine self‑defense in battery prosecutions. Courts consistently deny the defense when defendants were the aggressors, employed disproportionate force or could have withdrawn【341 Second degree battery.txt】. In a case, a defendant had assaulted a paperboy; the court felt there was no reason since the victim threatened no harm and the defendant had been able to call police【341 Second degree battery.txt】Another decision affirmed a conviction where the defendant followed the victim down the street and fractured his jaw【341 Second degree battery.txt】. Chasing a fleeing person, using a weapon against an unarmed victim or continuing to beat someone after they fall also defeats the defense【341 Second degree battery.txt】.

Older cases reinforce these principles. For example, courts have held that chasing a fleeing person or continuing an assault after an initial encounter defeats a claim of self‑defense【341 Second degree battery.txt】.

Demonstrating Serious Bodily Injury

Whether the evidence is sufficient typically depends upon the type of the injuries. Convictions for Battery on basis that a punch has caused victim to crack his skull and suffer permanent hearing damage or A blow broke the victims jaw on both sides necessitating surgery have been upheld【341 Second degree battery. txt】. If one strike leads to a broken bone or permanent disability, even that’s good enough. Paragraphs: In other case, where the proof tended only to show a bruise or a slight injury, convictions have been reversed or instructions refused. 3-4 Second degree battery Supreme Court of Arkansas. txt】.

Double Jeopardy and Related Offenses

Defendants sometimes argue that a second‑degree battery conviction and any other offense violate double jeopardy. Louisiana courts have rejected such claims because each crime requires proof of an element the other does not【341 Second degree battery.txt】. Aggravated burglary does not require serious bodily injury, and robbery requires a taking of property, so defendants may be convicted of both offenses without constitutional violation.

Full Statutory Text: La. R.S. 14:34.1

§ 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.
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.
Acts 1978, No. 394, § 1; Acts 2009, No. 264, § 1; Acts 2012, No. 40, § 1; Acts 2014, No. 722, § 1; Acts 2019, No. 2, § 3.

How The Ambeau Law Firm Can Help

Second‑degree battery charges are serious, and the outcome depends heavily on the facts. At The Ambeau Law Firm, we have extensive experience defending clients accused of violent crimes. Jarrett Ambeau has attempted over fifty felony jury trials and is well-versed in the battery statutes of Louisiana and local courts. We thoroughly research every case, analyzing medical records to see if the injuries indeed qualify under the statutory definition, interviewing witnesses and investigating self‑defense or lack‑of‑intent claims. Jarrett’s experience as a court‑certified forensic DNA expert enables us to analyze physical evidence for vulnerability. Our aim is to defend your rights, contest the evidence of the State and seek the best possible outcome. If you are being charged with second‑degree battery, call us for a confidential consultation.

Our work extends beyond the courtroom. We work with medical professionals to review reports of injuries and retain investigators to identify inconsistencies in testimony. Where appropriate, we negotiate for lower charges or alternative sentencing. In the event a case does proceed to trial, we use compelling stories that make our clients relatable and emphasize flaws in the State’s case.

Louisiana Laws – Louisiana State Legislature

State v. Moore – CourtListener.com