Domestic Violence Battery Law — Louisiana

Posted by & filed under Crimes Defined, Criminal Statutes, Domestic Violence Battery.

 

New Orleans Domestic Violence Defense Attorney

 

What is domestic abuse battery?

Louisiana Domestic Abuse Battery is the intentional use of force or violence committed by one household member upon the person of another household member.  The statute may be found at La. R.S. 14:35.3

 

Under the law for Domestic Battery a “Household member” means any person of the opposite sex presently living in the same residence or having lived in the same residence within 5 years of the incident.   The couple may live together as spouses or boyfriend/girlfriend.   Domestic Battery may also apply to children.

 

What are the penalties for Domestic Abuse Battery?

ON A FIRST CONVICTION,  the offender may be fined not less than $300.00 nor more than $1,000.00 and may be imprisoned for not less than 30 days nor more than 6 months.  At least 48 hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.  Imposition or execution of the remainder of the sentence shall not be suspended unless either of the following occur:

 

  • The offender is placed on probation with a minimum condition that he serve four days in jail and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.

 

  •  The offender is placed on probation with a minimum condition that he perform Eight 4 eight-hour days of court-approved community service activities and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.

 

ON A SECOND CONVICTION, the offender may be fined not less than $750.00 dollars nor more than $1,000 dollars and be imprisoned for not less than 60 days nor more than 6 months.  At least 96 hours of the sentence imposed will be served without benefit of parole, probation, or suspension of sentence.  Imposition or execution of the remainder of the sentence shall not be suspended unless either of the following occur:

 

  • The offender is placed on probation with a minimum condition that he serve thirty days in jail and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.

 

  •  The offender is placed on probation with a minimum condition that he perform 30 eight-hour days of court-approved community service activities and participate in a court-approved domestic abuse prevention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.

 

ON A THIRD CONVICTION, the offender may be imprisoned with or without hard labor for not less than 1 year nor more than 5 years and fined $2,000.00.  The first year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  This is a felony.

 

ON A FOURTH CONVICTION, the offender may be imprisoned with hard labor for not less than 10 years nor more than 30 years and shall be fined $5,000.00.  The first 3 years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.  This is a felony.

 

If the offender has previously received the benefit of suspension of sentence, probation, or parole as a fourth or subsequent offender, no part of the sentence may be imposed with benefit of suspension of sentence, probation, or parole, and no portion of the sentence shall be imposed concurrently with the remaining balance of any sentence to be served for a prior conviction for any offense.

 

Is there a Cleansing Period for Domestic Abuse Cases?
In the state of Louisiana, there is a 10 year period for a prior Domestic Violence conviction to not affect the sentencing of a current Domestic Violence conviction.  In other words, if your DV arrest is more than 10 years after your first, you will be charged with a first offense Domestic Violence charge instead of a second. However, if at any time during these 10 years you were incarcerated, that time does not count towards the 10 year cleansing period.

 

What if the victim of the Domestic Violence is pregnant?
If the victim of domestic abuse battery is pregnant and the offender knows that the victim is pregnant at the time of the commission of the offense, the offender shall be required to serve a minimum of:

 

  • Forty-five days without benefit of suspension of sentence for a first conviction, 

 

  • One year imprisonment without benefit of suspension of sentence upon a second conviction,

 

  • Two years with or without hard labor without benefit of probation, parole, or suspension of sentence upon a third conviction,and

 

  • Four years at hard labor without benefit of probation, parole, or suspension of sentence upon fourth conviction

 

What about Domestic Battery by Strangulation?

Note: If the domestic abuse battery involves strangulation, the offender shall be imprisoned at hard labor for not more than 3 years.  This is a felony.

 

Legal Representation

If you are facing a Domestic Violence Battery charge, these charges must be taken seriously as the consequences can be severe and long-lasting.   Let our experience help you.

 

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