Battery of a Police Officer — Attorney New Orleans

Posted by & filed under Battery, Crimes Defined, Criminal Statutes, Law Enforcement / Police.

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.

 


Battery of a Police Officer — La RS 14:34.2

 Battery of a police officer is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.

For purposes of this Section, “police officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.

For purposes of this Section, “battery of a police officer” includes the use of force or violence upon the person of the police officer by throwing feces, urine, blood, saliva, or any form of human waste by an offender while  the offender is incarcerated by a court of law and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.

Penalties

Whoever commits the crime of battery of a police officer shall be fined not more than $500.00 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence.

If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than $1,000 dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than 1 year nor more than  5 years.  Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.

If the battery produces an injury that requires medical attention, the offender shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.  At least 30 days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.

 

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