Domestic Abuse Battery in Louisiana is defined by LA. Revised Statute 15:542.1.4 , within this statute, are various situations that greatly affect the sentencing possibilities. Some of these include:
Strangulation
Burning
Use of a dangerous weapon
Child Endangerment
Battery of a Pregnant Woman
Definition of Domestic Abuse Battery
While each of these charges have distinguishing elements, in order to be convicted of one of the above charges a prosecutor must prove beyond a reasonable doubt the defendant intentionally used force or violence on a member of their household or family.
As is clear by the charges listed above, the Louisiana Legislature has categorized the charges of domestic abuse by the means, class of victim, and other facts regarding the circumstances.
Obtaining Bail/Bond Related to Domestic Abuse Charges
In 2017 Louisiana instituted "Gwen's Law," which required a hearing before a judge before bail can be set involving anyone arrested for the following charges: violation of a protective order, domestic abuse battery, stalking, or another felony involving the use of a deadly weapon or force. Such a hearing must be held within five days of the arrest, holidays and weekends are not counted against the five days.
Possible Penalties for Domestic Abuse Battery
The possible penalties for charges involving Domestic Abuse in Louisiana differ greatly based on the circumstances and the exact statute a defendant is charged under but range from 30 (thirty days) to significantly more based on surrounding circumstances and past convictions.
Potential Defenses to Domestic Abuse
A consultation with one of the attorneys at Lawrence & Odom can bring to light facts and circumstances useful in mounting unique and creative defenses or mitigating factors such as: lack of intent, lack of aggravating factors, or consent.
Lawrence & Odom has recently achieved results such as these for clients like you:
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