Domestic Violence Battery

Gun Rights and Domestic Battery Convictions — Louisiana Law

 

 

 

During the 2014 legislative session, Louisiana lawmakers added and modified many laws pertaining to domestic violence.  One of the most significant actions taken was the creation of Louisiana Revised Statute 14:95.10, which prohibits someone previously convicted of domestic abuse battery from possessing a firearm or carrying a concealed weapon for 10 years. The statute was created by House Bill 753 – also known as the Susan “Pixie” Gouaux Act – which was signed into law earlier this year by Governor Bobby Jindal.

 

Possession of a Firearm or Carrying a Concealed Weapon by a Person Convicted of Domestic Abuse Battery — La. R.S. 14:95.10

 

It is unlawful for anyone convicted of domestic abuse battery at 14:35.3 to possess a firearm or carry a concealed weapon.

 

Whoever is found guilty of this offense shall be imprisoned with or without hard labor for not less than 1 year nor more than 5 years and shall be fined not less than $500.00 nor more than $1,000.00.

 

A person cannot be found guilty of this offense if the original domestic battery conviction has been set aside, expunged or pardoned.

 

The statute applies to anyone who has been convicted of domestic abuse for  a period of 10 years from the date of completion of the sentence, probation, parole or suspended sentence.

 

The law went into effect August 1, 2014.

 

If you know someone who has a domestic battery conviction, please inform that person of the new law — this ban on possession of firearms includes hunting rifles.

 

By Elizabeth B Carpenter — New Orleans Weapons Offense Attorney

 

 

Three New Louisiana Laws Regarding Gun Rights

 

Governor Bobby Jindal has signed three bills into law.  Two of these bills expand gun rights, while the third one restricts gun rights.

 

  • Carrying Weapons in Establishments that Serve Alcohol

A new law that allows concealed-carry permit holders to carry their weapons into restaurants that serve alcohol — the establishment must make most of its money from the sale of food rather than alcohol.  This law will also permit off-duty law enforcement officers to carry their guns into bars.  However, no one will be allowed to drink alcohol while carrying a weapon in restaurants.

The state’s concealed-carry law already allows for permit-holders to carry guns in restaurants that serve alcohol, the criminal statute outlawing guns at places that sell alcohol didn’t list an exception for restaurants that also serve alcohol.

  • Expand Louisiana “Stand Your Ground” Law

Under current law, a person who kills an intruder coming into his car or house is given the benefit of the doubt and can use self-defense as a lawful reason for the killing. But the same self-defense argument could not be legally applied to situations where a person hurt, but didn’t kill, the intruder.

This law essentially closes a loophole.  The belief is that people who end up harming — but not killing — an intruder or a carjacker should not be charged with attempted murder if those who kill those people don’t face those similar consequences.

  • Restricted Gun Rights for People Convicted of Domestic Battery

Anyone who has been convicted of domestic violence and is under a legal protective order will be prevented from owning a gun for 10 years under a new law.

The National Rifle Association — which usually fights gun restrictions — remained neutral on the domestic battery provision, which is probably why Jindal agreed to sign the bill.

It has been said that Louisiana leads the nation when it comes to spouses murdering spouses with firearms.  I do not know if this is true.

 

If you or a loved one has been arrested for a gun crime or domestic abuse battery, contact Attorney Elizabeth B Carpenter, New Orleans Criminal Defense Attorney.

 

Domestic Abuse Aggravated Assault — Louisiana Law

 

 

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!

 

 

 

Domestic Violence Defense Attorney — Kenner

 

 

Attorney Elizabeth B. Carpenter Represents Clients Who Have Been Accused of Domestic Abuse Battery in Kenner.  

 

 

If you or a loved one has been arrested for Domestic Violence in the City of Kenner, contact New Orleans Criminal Attorney for a consultation.

 

Every appearance of a Kenner criminal domestic abuse case is held in Domestic Violence Court from the arraignment to trial.   Please see our list of Domestic Abuse Violence Class in the New Orleans area.

 

Domestic Abuse Battery is a crime that should not be taken lightly!  It is an offense that is difficult to expunge and can cause you to lose employment opportunities in the future.  We understand that sometimes arguments between couples can get out of control, especially if both parties had been drinking.  Ms. Carpenter has successfully represented both men and women who have been accused of Domestic Battery in Kenner. 


 Helping you maintain a clean record is our #1 priority!

Violation of Protective Orders or Restraining Order– Louisiana

Louisiana Domestic Violence Attorney

 


Elizabeth B. Carpenter, Esq. 
– Serving clients in Orleans, Jefferson, Terrebonne, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.

 

If you have been arrested for Domestic Violence, contact Elizabeth B. Carpenter Law for a consultation.  We have the necessary experience to advocate for you in Court.

 

Violation of Protective Orders

Violation of protective orders is the willful disobedience of a preliminary or permanent injunction or protective order, after a contradictory court hearing, or the willful disobedience of a temporary restraining order or any ex parte protective order, if the defendant has been given notice of the temporary restraining order or ex parte protective order by service of process as required by law.

A defendant may also be deemed to have been properly served if tendered a certified copy of a temporary restraining order or ex parte protective order by any law enforcement officer who has been called to any scene where the named defendant is present.  Such service of a previously issued temporary restraining order or ex parte protective order if noted in the police report shall be deemed sufficient evidence of service of process and admissible in any civil or criminal proceedings.

Violation of protective orders shall also include the willful disobedience of an order of protection issued by a foreign state.

 

Violation of protective orders shall also include the willful disobedience of the following:

An order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a criminal defendant stay away from a specific person or persons as a condition of that defendant’s release on bond.

An order issued by any state, federal, parish, city, or municipal court judge, magistrate judge, commissioner or justice of the peace that a defendant convicted of a violation of any state, federal, parish, municipal, or city criminal offense stay away from any specific person as a condition of that defendant’s release on probation.

A condition of a parole release which requires that the parolee stay away from any specific person.

 

Penalties

On a first conviction which does not involve a battery to the protected person the offender shall be fined not more than $500 dollars or imprisoned for not more than 6 months, or both.

On a second conviction which does not involve a battery to the protected person,  regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not more than $1,000 dollars and imprisoned for not less than 48 hours nor more than 6 months.  At least 48 hours of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program.

On a third or subsequent conviction for violation of protective orders which does not involve a battery to the protected person, regardless of whether the current offense occurred before or after the earlier convictions, the offender shall be fined not more than $1,000 and imprisoned for not less than 14 days nor more than 6 months.  At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program, unless the offender has previously been required to participate in such program and, in the discretion of the judge, the offender would not benefit from such counseling.

 

IF THE OFFENSE INVOLVES A BATTERY TO THE PROTECTED PERSON

Whoever is convicted of the offense of violation of protective orders where the violation involves a battery to the person protected, and who has NOT been convicted of violating a protective order or of an assault or battery upon the person protected by the protective order within the 5 years prior to commission of the instant offense, shall be fined not more than $500 dollars and imprisoned for not less than 14 days nor more than 6 months.  At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program as part of that probation.

Whoever is convicted of the offense of violation of protective orders where the violation involves a battery to the person for whose benefit the protective order is in effect, and who has been convicted not more than one time of violating a protective order or of an assault or battery upon the person for whose benefit the protective order is in effect within the 5 year period prior to commission of the instant offense, regardless of whether the instant offense occurred before or after the earlier convictions, shall be fined not more than $1,000 dollars and imprisoned for not less than 3 months nor more than 6 months.  At least 14 days of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.  If a portion of the sentence is imposed with benefit of probation, parole, or suspension of sentence, the court shall require the offender to participate in a court-approved domestic abuse counseling program, unless the offender has previously been required to participate in such program and, in the discretion of the court, the offender would not benefit from such counseling.

Whoever is convicted of the offense of violation of protective orders where the violation involves a battery to the person for whose benefit the protective order is in effect, and who has more than one conviction of violating a protective order or of an assault or battery upon the person for whose benefit the protective order is in effect during the 5-year period prior to commission of the instant offense, regardless of whether the instant offense occurred before or after the earlier convictions, the offender shall be fined not more than $2,000 thousand dollars and imprisoned with or without hard labor for not less than 1 year nor more than 5 years. At least 1 year of the sentence of imprisonment imposed under this Paragraph shall be without benefit of probation, parole, or suspension of sentence.

If, as part of any sentence imposed under this Section, a fine is imposed, the court may direct that the fine be paid for the support of the spouse or children of the offender.

Domestic Abuse Law — Louisiana

 

New Orleand Domestic Violence Defense Attorney

 

Unfortunately, Domestic Violence is a problem in our society.  Millions of women and men are seriously injured or killed because of domestic abuse every year — this includes girlfriends, boyfriends, spouses and domestic partners.  The abuse can be physical, emotional, spiritual or mental.  Make no mistake, a Domestic Violence charge is not to be taken lightly.  It is a serious offense with serious penalties.  It is also an enhanceable offense in Louisiana — with each additional conviction comes harsher penalties and fines.  Anyone who has been convicted of Domestic Violence abuse within the past 10 years, can face mandatory jail time for new offenses.  When a person has more than three convictions for domestic assault, a judge can order a sentence of 30 years in jail.  A conviction may also give rise to a civil action seeking monetary damages.  

If you have been accused of Domestic Violence, you need an attorney who will rigorously defend your case.  The district attorney will seek a Restraining Order and/or a Protective Order against you.  This will prohibit you from interacting with the alleged victim in the case.  The objective is to prevent further abuse from occurring while the case is pending.  Such orders can be difficult — you will be restricted from accessing your home or seeing your children.  You need a lawyer who will use her skills to protect you from such drastic measures. 

 

Louisiana domestic violence penalties:

 

  • First Offense Domestic Violence (misdemeanor) – up to: six months jail

 

  • Second Offense within ten years (misdemeanor) – up to: six months jail

 

  • Third Offense within ten years (felony) – up to: five years prison

 

  • Fourth Offense within ten years (felony) – up to: thirty years prison

 

“The criminal defense lawyer’s job is to do everything possible to help people charged with domestic violence, to protect their rights and demand equitable treatment under the law.!”  —  Attorney Elizabeth B. Carpenter

 

Domestic Violence cases can be some of the trickiest cases to defend due to the strong, emotional political policy aspects.  Generally, after the accused abuser is arrested and charged, the alleged victim wants to drop the charges.  It is important for people to understand that once an arrest happens the decision to proceed with the case rests in the prosecutors’ hands.  Prosecutors are rarely willing to just drop domestic violence charges.  The District Attorney is fearful that someone arrested for domestic abuse will hurt or even kill the victim at a later time.  A good attorney will examine all the evidence to determine whether it is sufficient or not to support the charges, to have the case dismissed or have the charges reduced.

 

“Client confidentiality is of the utmost importance in these cases.”

 

Attorney Elizabeth B. Carpenter, Esq. is proud of her past success with domestic abuse cases.

If you have been arrested for Domestic Abuse Battery, we want to help you and your family through this difficult time!

 

 

Domestic Violence Battery Law — Louisiana

 

 

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.

 

 

An Important Message About 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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