Second Degree Battery / Aggravated Second Degree Battery — Louisiana

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

New Orleans Battery Defense Attorney

 

Elizabeth B. Carpenter, Esq. — New Orleans Premiere Criminal Defense Attorney

 

Battery Attorney New Orleans


Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.

 

 

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.

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 5  years, or both.

 

Aggravated Second Degree Battery — La RS 14:34.7

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.

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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