Baton Rouge City Court Charge - Battery

Baton Rouge Battery Defense Attorney

The listed criminal Battery charges below are the offenses prosecuted in Baton Rouge City Court. They are all misdemeanor offenses. Felonies are prosecuted in District Court. Mr. Barkemeyer is skilled and experienced at handling misdemeanors is Baton Rouge City Court. Contact him at (225) 964-6720 if you or somoene you know has a criminal charge in City Court.

Sec. 13:35. Simple battery.

(a)
Simple battery is a battery committed without the consent of the victim.
(b)
Whoever commits a simple battery shall be fined not more than five hundred dollars ($500.00), or imprisoned for not more than six (6) months, or both.
(City Code 1951, Title 13, § 600(a))
State law reference— Similar provisions, R.S. 14:35.

Sec. 13:35.1. Battery of a police officer.

(a)(1)
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.
(2)
For purposes of this section, "police officer" shall include commissioned police officers, deputy sheriffs, marshals, correctional officers, constables, wildlife enforcement agents, probation and parole officers, animal control agents, fireman, and emergency medical services personnel.
(3)
For the purposes of this section, "battery of a police officer" includes, but is not limited to, 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.
(b)
Whoever commits the crime of battery of a police officer, shall be fined not more than five hundred dollars ($500.00) and imprisoned not less than fifteen (15) days nor more than six (6) months without benefit of suspension of sentence.
(Ord. No. 8118, § 1, 3-2-86; Ord. No. 9736, § 1, 10-27-93; Ord. No. 11682, § 1, 3-8-00; Ord. No. 12899, § 1, 2-25-04)
State law reference— Similar provisions, R.S. 14:34.2.

Sec. 13:35.2. Battery of a school teacher.

(a)
(1) 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.
(2)
For purposes of this section, "school teacher" shall include any teacher or instructor, administrator, staff person or employee of any public or private elementary, secondary, vocational-technical training, special or post-secondary school or institution.
(b)
(1) Whoever commits the crime of battery of a school teacher shall be fined not more than five hundred dollars ($500.00) and imprisoned not less than fifteen (15) days nor more than six (6) months without benefit of suspension of sentencing.
(2)
The court, in its discretion, may suspend the imposition of sentence and place the offender on probation with a condition that he shall spend two (2) days in jail or perform five (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, shall result in revocation of probation and imposition of the fifteen-day jail term.
(Ord. No. 8118, § 1, 3-12-86)
State law reference— Similar provisions, R.S. 14:34.3.

Sec. 13:35.3. Domestic abuse battery.

A.
Domestic abuse battery is the intentional use of force or violence committed by one (1) household member upon the person of another household member without the consent of the victim.
B.
For purposes of this section:
(1)
Household member means any person of the opposite sex presently living in the same residence or living in the same residence within five (5) years of the occurrence of the domestic abuse battery with the defendant as a spouse, whether married or not.
(2)
Community service activities as used in this section may include duty in any morgue, coroner's office, or emergency treatment room of a state-operated hospital or other state-operated emergency treatment facility, with the consent of the administrator of the morgue, coroner's office, hospital, or facility.
C.
On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than three hundred dollars ($300.00) nor more than one thousand dollars ($1,000.00) and shall be imprisoned for not less than ten (10) days nor more than six (6) months. Imposition or execution of sentence shall not be suspended unless:
(1)
The offender is placed on probation with a minimum condition that he serve two (2) 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; or
(2)
The offender is placed on probation with a minimum condition that he perform four (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.
D.
On a conviction of a second offense, notwithstanding any other provision of law to the contrary, 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 ($750.00) nor more than one thousand dollars ($1,000.00) and shall be imprisoned for not less than thirty (30) days nor more than six (6) months. At least forty-eight (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:
(1)
The offender is placed on probation with a minimum condition that he serve fifteen (15) 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; or
(2)
The offender is placed on probation with a minimum condition that he perform thirty (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.
E.(1)
For purposes of determining whether a defendant has a prior conviction for violation of this section, a conviction under this section or a conviction under the laws of any state or an ordinance of a municipality, town, or similar political subdivision of another state which prohibits the intentional use of force or violence committed by one (1) household member upon another household member of the opposite sex presently or formerly living in the same residence with the defendant as a spouse, whether married or not, shall constitute a prior conviction. This determination shall be made by the court as a matter of law.
(2)
For purposes of this section, a prior conviction shall not include a conviction for an offense under this section if committed more than ten (10) years prior to the commission of the crime for which the defendant is being tried, and such conviction shall not be considered in the assessment of penalties hereunder. However, periods of time during which the offender was incarcerated in a penal institution in this or any other state shall be excluded in computing the ten-year period.
F.
An offender ordered to participate in a domestic abuse prevention program required by the provisions of this section 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.
G.
This subsection shall be cited as the "Domestic Abuse Child Endangerment Law." When the prosecution proves, in addition to the elements of the crime as set forth in subsection A of this section, that a minor child twelve (12) years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the execution of the minimum mandatory sentence provided by subsection C or D of this section, as appropriate, shall not be suspended.
H.
Any crime of violence, as defined in R.S. 14:2(13), against a person committed by one (1) household member against another household member, shall be designated as an act of domestic violence.
I.
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 thirty (30) days without benefit of suspension of sentence for a first conviction. Upon a second conviction, the offender shall be imprisoned for six (6) months without benefit of suspension of sentence.
(Ord. No. 12755, § 1, 10-8-03)

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