Second Degree Battery / Aggravated Second Degree Battery – Louisiana

Second Degree Battery — La RS 14:34.1

Under Louisiana, Second degree battery is a felony and also a crime of violence. It is defined as 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.

Definitions

(1) “Active member of the United States Armed Forces” shall mean an active member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard.

(2) “Disabled veteran” shall mean a veteran member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard who is disabled as determined by the United States Department of Veteran Affairs.

(3) “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.

Penalties / Sentencing

Whoever commits the crime of second degree battery shall be fined not more than $2,000.00 dollars or imprisoned, with or without hard labor, for not more than 8 years, or both. At least 18 months of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the second degree battery was committed because of that status.

Aggravated Second Degree Battery — La RS 14:34.7

Under Louisiana law, Aggravated second degree battery is a felony and a crime of violence. It is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.

Definitions

(1) “Active member of the United States Armed Forces” shall mean an active member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard.

(2) “Disabled veteran” shall mean a veteran member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard who is disabled as determined by the United States Department of Veteran Affairs.

(3) “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.

Penalties / Sentencing

Whoever commits the crime of aggravated second degree battery shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than 15 years, or both. At least 1 year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the aggravated second degree battery was committed because of that status.

Legal Assistance

If you or a loved one has been charged with Second Degree Battery in Louisiana, you need a good defense.  This is a serious crime. Contact our New Orleans Battery defense attorney today for a consultation. She is ready to listen to your needs.

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Overview of Louisiana Battery Laws

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