Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
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. Contact New orleans criminal lawyer
Penalty / Sentencing
Whoever commits the crime of aggravated second degree battery shall be fined not more than $10,000 dollars or imprisoned, with or without hard labor, for not more than 15 years, or both.
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Second Degree Battery
Simple Battery of the Infirm — 14:35.2
Battery of the Infirm is a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:
(1) Advanced age.
(2) Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.
“Infirm, Disabled, or Aged Person” includes but is not limited to any individual who is a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility, or any individual who is sixty years of age or older.
Lack of knowledge of the person’s age shall not be a defense.
Penalty / Sentencing
Whoever commits the crime of battery of the infirm shall be fined not more than $500 and imprisoned not less than 30 days not more than 6 months, or both.