Baton Rouge Felony Domestic Violence Lawyer
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The Baton Rouge felony domestic violence lawyer team at The Law Offices of Ossie Brown is dedicated to providing strong defense for individuals facing domestic violence charges in Baton Rouge. If you are charged with domestic violence felonies, an experienced Baton Rouge criminal defense attorney is here to offer expert legal representation. Our Baton Rouge felony domestic abuse lawyers understand the seriousness of domestic abuse battery charges and the potential consequences they carry, including the possibility of a felony conviction. If you have been falsely accused or need assistance navigating this felony criminal offense, our felony domestic violence defense lawyer group is ready to advocate for your rights and protect your interests through experienced legal representation.
If you’re facing criminal charges for domestic abuse battery, contact our Baton Rouge felony domestic violence attorneys today for a free consultation to discuss your domestic violence case and begin building a strong attorney-client relationship.
Criminal Defense Lawyer for Felony Domestic Violence Charges in Baton Rouge, LA
Facing a domestic violence felony charge can be a daunting experience, especially when criminal charges are based on false allegations.
If the alleged victim has presented false allegations or if you are rightfully facing domestic violence charges, whether those charges are for a misdemeanor offense or felony offense, a skilled Baton Rouge domestic violence lawyer can craft a strong defense strategy to protect your rights and future.
The experienced Baton Rouge felony domestic violence lawyers at The Law Offices of Ossie Brown understand the challenges of domestic abuse charges and work diligently to challenge the evidence presented by alleged domestic violence victims.
Whether you are dealing with domestic violence charges or other serious accusations, having a knowledgeable Baton Rouge domestic violence attorney by your side can make a significant difference in the outcome of your felony domestic violence case.
What Constitutes Domestic Violence Under Louisiana Law
Domestic violence encompasses various acts of abuse between household members or individuals in an intimate relationship. The law addresses criminal threats that place a domestic partner, minor child, current or former spouse, or household member in immediate danger or fear for their safety.
Domestic violence can involve physical harm, child abuse, or threats of harm. Domestic battery can constitute either a felony offense or a misdemeanor offense, depending on the severity of the act, the victim’s injuries, and any prior convictions.
Domestic violence offenses are taken seriously under Louisiana law and can result in severe legal consequences for the accused.
Is Domestic Violence a Felony in Louisiana?
In Louisiana, domestic violence is either a felony or misdemeanor. When is domestic violence a felony in Louisiana? Domestic battery becomes a felony when the domestic abuse battery involves specific aggravating factors.
Domestic violence cases may escalate to felony charges if a household member intentionally causes serious bodily injury with a deadly weapon, requiring medical treatment for the domestic violence victims. A felony charge for a domestic violence case may apply for those with prior convictions or violations of protective orders, such as a temporary restraining order, on the defendant’s criminal record.
Louisiana Three Strikes Law for Domestic Violence Felonies
Louisiana’s three strikes law imposes strict penalties on repeat offenders, particularly when the defendant’s criminal record includes felony charges for violent crimes such as domestic assault and sexual abuse.
When a defendant’s criminal record includes two prior felony convictions, a third conviction can result in a mandatory life jail sentence without the possibility of parole.
Prior Convictions in Other States Count
A prior out-of-state misdemeanor conviction for misdemeanor domestic abuse battery can lead to a harsher sentence for a new criminal offense, even if you have already served time in that state’s county jail for the crime.
Previous convictions signal to the court a pattern of behavior that warrants stricter punishment. The district attorney can use this as grounds to intensify your current domestic violence charges.
The prosecutor will examine your prior misdemeanor domestic violence conviction and apply Louisiana’s penal code to elevate the new charge to a domestic violence felony. With domestic violence, a felony will result in a longer jail sentence, higher fines, and more stringent probation conditions.
Ten-Year Cleansing Period
The ten-year cleansing period refers to a Louisiana law that states previous convictions cannot be used to enhance new criminal charges if ten years or more have passed since the person served their prison sentence.
Louisiana Domestic Violence Child Endangerment Law
Louisiana’s Domestic Abuse Aggravated Assault Child Endangerment Law ensures that perpetrators who commit aggravated assault in the presence of a minor child face more severe penalties. The mandatory minimum sentence is two years imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence.
Louisiana Domestic Violence During Pregnancy
According to Louisiana Revised Statute 14:35.3, if the alleged victim of domestic abuse battery is pregnant and the offender is aware of the victim’s pregnancy at the time of the offense, they will face imprisonment at hard labor for up to three years.
Louisiana Strangulation Domestic Violence
If the domestic battery involves strangulation, the offender will serve a hard labor prison sentence for a maximum of three years.
Louisiana Domestic Abuse Battery Committed by Burning
If an offender commits a domestic violence offense by burning domestic violence victims, the law stipulates that they can be imprisoned at hard labor for a maximum of three years in addition to any other penalties.
If the victim’s injuries are severe, the criminal offense is classified as a crime of violence. In these cases, the offender faces imprisonment ranging from five to fifty years without the possibility of probation, parole, or suspension of sentence.
Louisiana Domestic Violence Causing Serious Bodily Injury
When a defendant is proven to have intentionally inflicted serious bodily injury, whether on a current or former spouse, cohabitant, intimate partner, or even extended family members, the law enforces harsh penalties. Intentional acts of corporal injury can result in imprisonment with hard labor for up to eight years.
Louisiana Domestic Violence With a Deadly Weapon
If an offender uses a deadly weapon in instances of spousal abuse or violence against a current or former cohabitant, the legal consequences are substantial. The sentence for this offense can be as long as fifteen years in prison.
Penalties for a Felony Domestic Violence Offense Conviction in Louisiana
In Louisiana, the penalties for a felony domestic violence offense are significantly harsher than those for a misdemeanor conviction.
While a misdemeanor conviction might result in penalties such as serving up to six months in jail, up to one year of probation, or community service, with respect to domestic violence, a felony conviction can lead to much more severe consequences, including lengthy prison sentences and hefty fines.
If you are facing felony domestic violence charges, a Baton Rouge criminal defense lawyer can provide essential guidance. They can help build a strong legal defense, potentially highlighting self-defense or other mitigating factors.
How Gwen’s Law Affects Domestic Violence Offenses in Louisiana
Under Gwen’s Law, a judge must conduct a hearing to determine the risk posed by the defendant before granting bail in domestic violence cases. Gwen’s law aims to prevent the defendant from repeating the domestic abuse battery and causing harm to the defendant’s child, family member, extended family members, or a current or former fiancé.
In Baton Rouge, hearings consider factors such as the severity of the offense and the defendant’s criminal record, which can also influence child custody decisions and protective measures for alleged victims and their families.
If you’ve been rightfully or falsely accused and believe you may be charged or have already been charged with felony domestic abuse and believe it will affect your child custody case, our Baton Rouge domestic violence felony law offices also have child custody lawyers in Baton Rouge on staff.
Our Baton Rouge domestic violence felony offense attorneys understand how false allegations can undermine a child custody hearing. Seeing the help of a law firm with attorneys in a range of legal practice areas can be extremely beneficial for those fighting a false allegation of felony domestic abuse battery.
How a Criminal Defense Lawyer Can Help With a Felony Domestic Abuse Charge in Baton Rouge
Facing a felony domestic abuse charge can be overwhelming, but a skilled Baton Rouge criminal defense lawyer can provide essential support and guidance.
The Baton Rouge felony domestic violence attorneys at The Law Offices of Ossie Brown understand both Louisiana law and federal law and work diligently to build a strong defense for clients. Our felony domestic abuse lawyers can explore options to potentially drop domestic violence charges in Louisiana or negotiate for reduced penalties. Our law offices can also advise you on whether a felony can be expunged from your criminal record, which could potentially help reduce long-term consequences.
If you believe you may need legal representation, call 225-343-1111 or contact us online to schedule a free consultation today.
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The attorneys at The Law Offices of Ossie Brown are skilled in several practice areas and ready to discuss your case. Contact us today to schedule your free consultation.
