New orleans criminal lawyer Battery Defined — 14:33
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.
Simple Battery — La R.S. 14:35
Simple battery is a battery committed without the consent of the victim.
Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.
Aggravated Battery — La RS 14:34
Aggravated battery is a battery committed with a dangerous weapon. This crime is a felony.
Whoever commits an aggravated battery shall be fined not more than Five Thousand Dollars, imprisoned with or without hard labor for not more than 10 years, or both.
Aggravated Battery is a crime of violence, therefore it cannot be expunged from your record.
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Aggravated Battery Attorney
Second Degree Battery — La RS 14:34.1
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.
For purposes of this Section, “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.
Penalty / Sentencing
Whoever commits the crime of second degree battery shall be fined not more than $2,000 dollars or imprisoned, with or without hard labor, for not more than 8 years, or both.