The following is a comprehensive guide to offense of domestic battery in Louisiana.
What is Domestic Abuse Battery?
In 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.
“Household member” means any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.
“Family member” means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, foster children, other ascendants, and other descendants. “Family member” also means the other parent or foster parent of any child or foster child of the offender.
What are the penalties for Domestic Abuse Battery?
ON A FIRST CONVICTION, the offender shall be fined not less than three hundred dollars nor more than one thousand dollars and shall be imprisoned for not less than 30 days nor more than 6 months. At least forty-eight 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 occurs:
(1) The offender is placed on probation with a minimum condition that he serve 4 days in jail and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.
(2) The offender is placed on probation with a minimum condition that he perform eight, 8-hour days of court-approved community service activities and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence
ON A SECOND CONVICTION, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than seven hundred fifty dollars nor more than one thousand dollars and shall be imprisoned with or without hard labor for not less than 60 days nor more than 1 year. At least 14 days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence, and the offender shall be required to complete a court-monitored domestic abuse intervention program. Imposition or execution of the remainder of the sentence shall not be suspended unless either of the following occurs:
(1) The offender is placed on probation with a minimum condition that he serve 30 days in jail and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.
(2) The offender is placed on probation with a minimum condition that he perform thirty 8-hour days of court-approved community service activities and complete a court-monitored domestic abuse intervention program, and the offender shall not own or possess a firearm throughout the entirety of the sentence.
ON A THIRD CONVICTION, regardless of whether the offense occurred before or after an earlier conviction, the offender shall be imprisoned with or without hard labor for not less than 1 year nor more than 5 years and shall be fined two thousand dollars. The first year of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.
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.
An offender ordered to complete a court-monitored domestic abuse intervention program shall pay the cost incurred in participation in the program. Failure to make such payment shall subject the offender to revocation of probation, unless the court determines that the offender is unable to pay.
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. If the date of completion of a sentence, probation, parole, or suspension of sentence is more than 10 years prior to the commission of the crime with which the offender is currently charged, that previous conviction shall not be considered a prior offense. However, if at any time during these 10 years you were incarcerated, that time does not count towards the 10 year cleansing period.
What about a Domestic Battery involving a crime of violence?
Any crime of violence, as defined in R.S. 14:2(B), against a person committed by one household member against another household member, shall be designated as an act of domestic abuse for consideration in any civil or criminal proceeding.
What is the Domestic Abuse Child Endangerment Law?
The “Domestic Abuse Child Endangerment Law” involves a minor child 13 years of age or younger being present at the residence or any other scene at the time of the commission of the offense, the offender, in addition to any other penalties imposed pursuant to this Section, shall be imprisoned at hard labor for not more than 3 years.
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 imprisoned at hard labor for not more than 3 years.
What about Domestic Battery by Strangulation?
If the domestic abuse battery involves strangulation, the offender shall be imprisoned at hard labor for not more than 3 years.
“Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of the victim.
What about Domestic Battery involving burning?
If the domestic abuse battery is committed by burning, the offender shall be imprisoned at hard labor for not more than 3 years.
If the burning results in serious bodily injury, the offense shall be classified as a crime of violence, and the offender, shall be imprisoned at hard labor for not less than 5 nor more than 50 years without benefit of probation, parole, or suspension of sentence.
“Burning” means an injury to flesh or skin caused by heat, electricity, friction, radiation, or any other chemical or thermal reaction.
What about Domestic Violence involving force, a dangerous weapon, or serious injury?
If the offender intentionally inflicts serious bodily injury, the offender shall be imprisoned at hard labor for not more than 8 years.
If the intentional use of force or violence is committed with a dangerous weapon, the offender shall be imprisoned at hard labor for not more than 10 years.
If the intentional use of force or violence is committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury, the offender shall be imprisoned at hard labor for not more than 15 years.
Legal Representation
Our firm has been involved in every type of Domestic Battery Case imaginable. If you or a loved one needs legal assistance, contact a New Orleans Domestic Battery Attorney today.
Disclaimer:
Laws and policies can change at any time rendering the above information outdated or non-applicable. We strongly encourage you to look at City, Parish, and State statutes for the most recent laws and to consult a Louisiana licensed attorney.