Domestic Abuse Aggravated Assault — Louisiana Law

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

 

 

DOMESTIC ABUSE LAW LOUISIANA

 

 

Domestic Abuse Aggravated Assault  —  La. R.S.  14:37.7

 

Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member upon another household member.

For purposes of this Section, “household member” means any person of the opposite sex presently living in the same residence, or living in the same residence within 5 years of the occurrence of the domestic abuse aggravated assault, with the defendant as a spouse, whether married or not, or any child presently living in the same residence or living in the same residence within 5 years immediately prior to the occurrence of the domestic abuse aggravated assault, or any child of the offender regardless of where the child resides.

 

Penalty

 

Whoever commits the crime of domestic abuse aggravated assault shall be imprisoned at hard labor for not less than one year nor more than five years and fined not more than five thousand dollars.

 

This Subsection shall be cited as the “Domestic Abuse Aggravated Assault Child Endangerment Law”:

 

When the state proves, in addition to the elements of the crime as set forth above, that a minor child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence imposed by the court shall be 2 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

 

 

If you have been arrested for Domestic Abuse Aggravated Assault in the New Orleans area, contact our firm for a consultation.  We are ready to defend you!

 

 

 

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