In Louisiana, domestic battery meaning involves the intentional infliction of force or physical contact on a family or household member, most typically an intimate household member, without their consent. This criminal offense often leads to serious domestic violence charges under strict Louisiana domestic battery laws. A domestic battery case can arise from any situation where harm to the victim occurred, and the legal consequences for a domestic battery conviction are severe in Louisiana. Our law firm specializes in domestic violence cases and focuses on crafting a successful defense to challenge the evidence and mitigate domestic battery results.
If you’re facing a domestic battery charge in Baton Rouge, LA, contact our experienced criminal defense lawyers to determine if any legal defenses are available for your domestic violence case.
Contact the Law Offices of Ossie Brown at 225-343-1111 for a free consultation.
What is Domestic Battery?
The legal definition of domestic battery, also referred to as spousal battery or domestic violence, under Louisiana law, is defined as the willful and unlawful use of force or violence or willful and unlawful touching of an intimate partner, former intimate partner, family, or household member.
A domestic battery charge in Louisiana can include the intentional infliction of physical harm by hitting, slapping, pushing, or any other form of physical contact intended to cause harm. The legal definition also extends to acts that result in bodily injury, corporal injury, or physical harm, whether the injury is minor or severe.
For example, if someone intentionally inflicts corporal injury in an angry manner on a current (or former) spouse, intimate partner, or intimate household member, the act of intentional infliction can be considered domestic battery. Under Louisiana law, a single incident of willful and unlawful touching can lead to domestic battery charges.
Louisiana Domestic Battery Laws
Louisiana’s domestic battery laws, outlined in Louisiana Revised Statutes (La. R.S.) 14:35.3, are among the strictest in the country, designed to protect every current or former spouse as well as family members from this serious criminal offense.
The first domestic battery conviction can result in up to six months in parish or county jail, a $1,000 fine, and required attendance of a domestic abuse prevention program.
If the alleged victim is pregnant, if the offender burns the alleged victim, or if a weapon was used to inflict injury on the alleged victim (similar to an aggravated battery), the severity of the domestic violence charge and resulting penalties for a domestic battery conviction can lead to up to three years in jail.
If the victim has a mental or physical disability, the court may impose enhanced penalties, as those with a mental or physical disability are considered vulnerable under Louisiana law.
A second domestic battery conviction leads to up to one year in parish or county jail, $1,000 fines, and required attendance of the prevention program.
For those previously convicted of two domestic battery charges, the third or subsequent serious criminal offense is changed from a misdemeanor domestic battery charge to a felony domestic battery charge. A conviction for a felony domestic battery charge results in up to a $2,000 fine and five years in prison, with the first year not having the benefit of parole, probation, or a suspended sentence.
When alleged perpetrators use bodily fluid or other containment to cause bodily injury to a family member or intimate partner, this falls under Louisiana’s tampering law.
Federal Law for Domestic Abuse
The Violence Against Women Act (VAWA) is a key federal law impacting domestic violence cases. VAWA ensures protection orders are enforced across state lines and provides support services, such as shelters and legal assistance, to assist victims of intentional infliction of moderate to serious bodily injury, whether the victim is a former or current intimate partner or other family members.
While VAWA doesn’t specify penalties for domestic battery charges, it emphasizes the importance of protecting the alleged victim.
Additionally, under the Gun Control Act, it is a federal crime to possess a firearm or ammunition while subject to a qualifying protection order or after a conviction of either a misdemeanor or felony domestic violence charge.
How to Get Domestic Violence Charges Dismissed in Louisiana
It is challenging to get domestic violence charges dismissed in Louisiana. However, there are strategic legal defenses that can be used to fight domestic battery charges.
One of the most common legal defenses is self-defense. If you can prove you were acting in self-defense, using immediate force to protect yourself from an imminent threat of immediate danger or harm, the domestic battery case may be dropped under Louisiana self-defense laws.
Another potentially successful defense is a lack of evidence. In a domestic violence case, the prosecution must prove beyond a reasonable doubt that the defendant committed an intentional infliction of bodily injury or harm. If the defense provides reasonable doubt that the defendant intended to inflict injury on the alleged victim before the case goes to court, the prosecution may drop the case.
Can You Drop Domestic Battery Charges in Louisiana?
Can you drop domestic violence charges in Louisiana? In Louisiana, domestic battery charges are handled seriously, and while the alleged victim may wish to drop the charges, it is ultimately up to the state whether or not to proceed.
If the intentional infliction of corporal injury on the alleged victim occurred within the context of an intimate partner, family, or household member, the prosecution can still move forward based on the evidence, regardless of the alleged victim’s wishes.
Factors such as the defendant’s criminal history and the willful and unlawful use of force are taken into consideration, making it difficult to simply drop the charges once they are filed.
Does a Domestic Battery Conviction Affect Gun Rights in Louisiana?
A domestic battery conviction in Louisiana can have serious consequences for your gun rights under Louisiana gun laws. Under the Gun Control Act, anyone convicted of any domestic battery charge, or those subject to a qualifying restraining order related to domestic battery, is prohibited from owning or possessing firearms.
How Long After a Domestic Violence Charge Can I Own a Gun?
Under federal laws, a conviction for domestic battery generally results in a lifetime ban on firearm possession.
While not guaranteed, after a misdemeanor domestic battery conviction in Louisiana, you can petition the court to restore your rights. Restoration of gun rights is complex and typically requires a pardon or other legal relief.
Contact our Baton Rouge gun crime attorneys for a free case evaluation.
How a Baton Rouge Criminal Defense Lawyer Can Help With Domestic Battery Cases
Whether the domestic battery charges involve accusations of corporal injury or aggravated battery against the alleged victim, our Baton Rouge criminal defense lawyers can help with the following:
- Your lawyer will provide a strong legal defense, whether this involves proving self-defense, addressing cases involving battered woman syndrome, challenging the evidence, or using the legal defense to negotiate a plea deal.
- Your lawyer will explain the potential consequences of domestic battery charges against you, particularly when they involve serious offenses like aggravated battery.
- Your lawyer may be able to negotiate a case dismissal, charge reduction, or sentence reduction.
- Your lawyer will ensure that your rights are protected throughout the legal process, from the initial arrest to the final verdict.
- Our Baton Rouge criminal defense lawyers offer free consultations.
Misdemeanor Domestic Battery Charges
Misdemeanor domestic battery cases in Louisiana relate to the intentional or wanton infliction of corporal injury to an intimate partner, typically referred to as spousal battery, such as those in a dating relationship, former intimate partner, current or former spouse, or domestic violence against a family or household member.
Misdemeanor domestic battery charges in Louisiana can be either a misdemeanor class A, Class B, or Class C.
Class A Misdemeanor typically involves domestic battery cases where the alleged victim suffers serious bodily injury, though not severe enough for a felony charge. Penalties can include up to one year in parish or county jail, higher fines, and the potential loss of gun rights.
Class B Misdemeanor involves less severe cases of domestic battery, often where moderate bodily injury occurs but no deadly weapon is used. Penalties may include up to six months in jail and fines.
Class C Misdemeanor involves minor incidents with little to no injury. While penalties are lighter, they can still include a short jail term, fines, and a criminal record.
In all cases, a domestic battery conviction will affect your criminal record.
Felony Domestic Battery Charges
Felony domestic battery charges are reserved for the most severe cases of domestic violence, such as those involving serious bodily injury, the use of a deadly weapon, or a previous conviction for domestic battery. These charges can also apply in situations where the alleged victim is a pregnant family member, has a mental or physical disability, or in cases of sexual battery. A felony conviction carries much harsher penalties, including longer prison sentences, larger fines, and a permanent criminal record.
If you are facing felony domestic battery charges, seek the assistance of a Baton Rouge felony domestic violence lawyer.
Family Law Issues Associated With a Domestic Battery Offense
A domestic battery offense can have severe consequences, especially in situations involving a serious corporal injury or where immediate force was used against a household member, intimate partner, family, or household member other than those we’ve discussed.
Allegations of domestic violence can significantly impact the outcome of a custody dispute. In Louisiana, family courts take domestic violence seriously, and such a conviction can be used as evidence against you in custody hearings. A Baton Rouge custody lawyer can work to protect your parental rights.
If a restraining order in Louisiana is issued against you as a result of a domestic battery charge, this may further complicate your legal situation in family law court. An experienced Baton Rouge family law attorney can assist in reducing the impact of a domestic battery charge on your criminal record.
How Restraining Orders Affect Custody Orders
A restraining order can have a significant impact on custody orders in Louisiana, especially if the court believes that your children are in immediate danger. If a restraining order is issued against you, it may include provisions that restrict your access to your children or limit your visitation rights.
A Baton Rouge restraining order lawyer can help you understand what proof is needed for a restraining order in Louisiana, the implications of a restraining order, and work to modify the custody orders to protect your relationship with your children.
Baton Rouge Domestic Battery Lawyer
Domestic battery is a serious offense with significant legal consequences in Louisiana. The implications can be severe, from the potential loss of gun rights to the impact on custody orders, especially if a serious injury occurred. Your criminal records can also be permanently affected, making it essential to have skilled legal representation.
Domestic battery cases require a thorough understanding of Louisiana law. A knowledgeable Baton Rouge domestic violence lawyer can provide the guidance needed to achieve the best possible outcome in your case.
Our dedicated Baton Rouge criminal defense law firm has extensive experience handling domestic battery cases. We understand the seriousness of these charges and the profound impact they can have on your life. We are here to fight for your rights and provide the strong legal defense you need.
If you need legal assistance, contact the Law Offices of Ossie Brown. Our team is here to help you through the challenges of domestic battery cases and protect your rights.
Call 225-343-1111 now to schedule your free consultation.
