Battery

Abuse and Neglect of Adults — Louisiana Law

 

Abuse and Neglect of Adults — 14:403.2

 

Any person, who by law, is required to report the abuse or neglect of an adult and knowingly and willfully fails to so report shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.

Any person who knowingly and willfully obstructs the procedures for receiving and investigating reports of adult abuse or neglect, or who discloses without authorization confidential information about or contained within such reports shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 dollars or imprisoned for not more than 6 months, or both.

Any person who reports an adult as abused or neglected to an adult protection agency or to any law enforcement agency, knowing that such information is false, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.

Any person who retaliates against an individual who reports adult abuse to an adult protection agency or to a law enforcement agency, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.

 

 

Battery of a Police Officer — Attorney New Orleans

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.

 

New Orleans Police Issue Arrest Warrant for Cuba Gooding Jr.

 New Orleans Municipal Court Attorney

 

If you are facing charges in Orleans Parish Municipal Court Contact Attorney Elizabeth B Carpenter for a Consultation  – Even the simplest charges can have serious consequences.

 

New Orleans Police Issue Arrest Warrant for Cuba Gooding Jr.

From the Times Picayune

 

New Orleans police issued an arrest warrant for Cuba Gooding Jr., the Oscar Award-winning actor, after he allegedly pushed a bartender at a French Quarter business early Tuesday morning.

cuba-gooding-june2012.jpg

Police said Gooding, 44, was at a business in the 200 block of Bourbon Street about 3 a.m. when other customers began to ask to take pictures with him. Police did not specify what business Gooding entered.

The bartender told police that Gooding became “aggravated” with the other customers and pushed her away with an open hand when she approached him and asked him to calm down, said New Orleans Police Department spokeswoman Remi Braden.

Another employee called 9-1-1 and then told Gooding that the police were on the way. Gooding then pushed the bartender a second time and left the bar.

Gooding faces a charge of municipal battery, Braden said.

Gooding is in town for the filming of the movie, “The Butler.”

 

 


Simple Battery — La R.S. 14:35

Simple battery is a battery committed without the consent of the victim.

Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

If the alleged victim sought medical attention, a payment of restitution may be ordered.

 

 

If you have been charged with Simple Battery, contact Elizabeth B. Carpenter, Esq. for a consultation.  Let’s build a strong defense together!

 

Criminal Defense Attorney New Orleans

 

Second Degree Battery / Aggravated Second Degree Battery — Louisiana

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.

Aggravated Battery — Louisiana

New Orleans Criminal 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.

 

 

Aggravated Battery — La RS 14:34

Aggravated battery is a battery committed with a dangerous weapon.

Whoever commits an aggravated battery shall be fined not more than Five Thousand Dollars, imprisoned with or without hard labor for not more than 10 years, or both.

 

Contact Attorney Elizabeth B Carpenter!

Overview of Battery Laws in Louisiana

 

 

Battery Attorney New Orleans – Serving Clients in South Louisiana!

 

 

Battery Defined — 14:33

Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.

 

Simple Battery — La R.S. 14:35

Simple battery is a battery committed without the consent of the victim.

Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

 

Aggravated Battery — La RS 14:34

Aggravated battery is a battery committed with a dangerous weapon.

Whoever commits an aggravated battery shall be fined not more than Five Thousand Dollars, imprisoned with or without hard labor for not more than 10 years, or both.

 

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.

 

  Simple Battery of the Infirm — 14:35.2

Battery of the Infirm is a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:

 

(1)  Advanced age.

(2)  Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.

 

“Infirm, Disabled, or Aged Person” includes but is not limited to any individual who is a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility, or any individual who is sixty years of age or older.

Lack of knowledge of the person’s age shall not be a defense.

 

Penalty

Whoever commits the crime of battery of the infirm shall be fined not more than $500 and imprisoned 30 days to 6 months, or both.

 

 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.

 

Battery of a School Teacher — La RS 14:34.5

Battery of a school teacher is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.

Whoever commits the crime of battery of a school teacher shall be punished as follows:

If the battery was committed by a student, upon conviction, the offender shall be fined not more than $5,000.00  dollars or imprisoned not less than 30 days nor more than 1 year.  At least 72 hours of the sentence imposed shall be imposed without benefit of suspension of sentence.

 If the battery was committed by someone who is not a student, the offender shall be fined not more than $5,000.00 thousand dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5  years, or both.

If the battery produces an injury that requires medical attention, the offender shall be fined not more than $5,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.

 

Battery of a School or Recreation Athletic Contest Official — La RS 14:34.4

 Battery of a school or recreation athletic contest official is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school athletic or recreation contest official.

For purposes of this Section, “school athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or school or school board employee of any public or private elementary and secondary school while actively engaged in the conducting, supervising, refereeing, or officiating of a school sanctioned interscholastic athletic contest.

For purposes of this Section, “recreation athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or recreation employee of any public or quasi public recreation program while actively engaged in the conducting, supervising, refereeing, or officiating of a sanctioned recreation athletic contest.

Whoever commits the crime of battery of a school or recreation athletic contest official shall be fined not more than $500 dollars and imprisoned not less than 48 hours nor more than 6 months without benefit of suspension of sentence, except as provided in Paragraph below.

The court, in its discretion, may suspend the imposition of the sentence and place the offender on probation with the condition that he shall perform 5 days of community service work.  Failure to successfully complete the community service work, as determined by the supervisor of the program to which he is assigned, may result in revocation of probation.

 

Battery of a Correctional Facility Employee — La RS 14:34.5

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

For purposes of this Section, “correctional facility employee” means any employee of any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.

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

Whoever commits the crime of battery of a correctional facility employee shall be fined not more than $500 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.

 

Battery of a Bus Operator — 14:34.5.1

Battery of a bus operator is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a bus operator.

Whoever commits the crime of battery on a bus operator shall be fined not more than $500 hundred dollars and imprisoned for not less than  48 hours nor more than 6 months without benefit of probation, parole, or suspension of sentence.

 

 

Disarming of a Police Officer — Louisiana

New Orleans Criminal Defense Attorney

 

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


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.

 

 

Disarming of a Police Officer — La RS 14:34.6

Disarming of a peace officer is committed when an offender, through use of force or threat of force, and without the consent of the peace officer, takes possession of any law enforcement equipment from the person of a peace officer or from an area within the peace officer’s immediate control, when the offender has reasonable grounds to believe that the victim is a peace officer acting in the performance of his duty.

For purposes of this Section:

“Law enforcement equipment” shall include any firearms, weapons, restraints, ballistics shields, forced entry tools, defense technology equipment, self-defense batons, self-defense sprays, chemical weapons, or electro shock weapons issued to a peace officer and used in the course and scope of his law enforcement duties.

“Peace officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, park wardens, livestock brand inspectors, forestry officers, and probation and parole officers.

 Whoever commits the crime of disarming of a peace officer shall be imprisoned at hard labor for not more than 5 years.

If you have have been arrested for Battery contact New Orleans’ premiere criminal defense attorney.

Sexual Battery of the Infirm — Louisiana

Louisiana Sex Crime Defense Attorney

 

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

 

If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side.  Contact Elizabeth B. Carpenter Law  for a consultation.

 

Sexual Battery of the Infirm — La RS 14:93.1

Sexual battery of the infirm is the intentional engaging in any of the sexual acts listed below with another person, who is not the spouse of the offender, when:

(1)  The offender compels the victim, who is physically incapable of preventing the act because of advanced age or physical infirmity, to submit by placing the victim in fear of receiving bodily harm.

(2)  The victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating, narcotic, or anesthetic agent administered by or with the privity of the offender.

(3)  The victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of the victim’s incapacity.

(4)  The victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.

“Sexual acts” mean the following:

(1)  The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or

(2)  The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.

 

***  Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.

 

*** Whoever commits the crime of sexual battery of the infirm shall be punished by imprisonment, with or without hard labor, for not more than 10 years.

 

Elizabeth B. Carpenter, Esq. — Sex Offenses New Orleans Defense Attorney

 

Battery of the Infirm — Louisiana

New Orleans Battery Defense Attorney

 

Elizabeth B. Carpenter, Esq. — New Orleans Simple Battery of the Infirm Defense Attorney

 

  Simple Battery of the Infirm — 14:35.2

Battery of the Infirm is a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:

 

(1)  Advanced age.

(2)  Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.

 

“Infirm, Disabled, or Aged Person” includes but is not limited to any individual who is a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility, or any individual who is sixty years of age or older.

Lack of knowledge of the person’s age shall not be a defense.

 

Penalty

Whoever commits the crime of battery of the infirm shall be fined not more than $500 and imprisoned 30 days to 6 months, or both.

Simple Battery — Louisiana

New Orleans Criminal Defense

Elizabeth B. Carpenter, Esq. — New Orleans Simple Battery Defense Attorney

 

Simple Battery — La R.S. 14:35

Simple battery is a battery committed without the consent of the victim.

Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.

 

If you have been charged with Simple Battery, contact Elizabeth B. Carpenter, Esq. for a consultation.  Let’s build a strong defense together!