Simple Battery is the act of touching another intentionally or applying offensive force on another person's body without the consent of the person. Today, many persons tend to confuse the term battery with that of assault.
A simple battery is an unlawful and unauthorized application of force on the body of another person's, without the person's consent. In such a manner that would be classified as offensive or that may result in physical injury on the person. Simple battery as the name implies is the more minute or less Aggravated form of battery. An aggravated battery can result in severe injury on the path of the body of the other. For example, where a person was stabbed with a knife and the cut then results in loss of a finger. This form of battery is the aggravated kind.
What kind of offense is simple battery?
Battery is a criminal offense. Where a person is charged for battery, and he is found guilty, he is criminally liable. Just as the aggravated battery is a criminal offense, a simple battery is also a criminal offense. This offense must not be treated lightly. They must be handled by the best of attorneys in other that the penalties accorded by the law are avoided or mitigated to the best of one's ability.
Is Simple Battery in Louisiana a felony or misdemeanor?
Simple battery in Louisiana is a misdemeanor offense. The more serious grades of battery are second degree battery and aggravated battery, which are felony charges.
What are the penalties for Simple Battery in Louisiana under La RS 14:35?
The penalties for simple battery in Louisiana may include up to six months in jail and a fine of up to $1000. Therefore, a judge could sentence the defendant to jail time, pay a large fine, or both.
Can I get probation if I’m convicted of Simple Battery in Louisiana?
Yes. It is entirely up to the judge if he wants to order probation for simple battery as opposed to jail time. This decision has a lot to do with the severity of battery, the criminal record of the defendant, and the likelihood of the defendant attacking the victim again. The judge may order conditions of probation such as community service, classes, etc. The judge has full discretion here. If the defendant fails to complete the conditions, the judge could revoke the misdemeanor probation and remand the defendant to serve the suspended sentence, which could be up to six months in jail.
What constitutes Simple Battery in Louisiana?
Simple battery in Louisiana is a battery committed without the consent of the victim. It could be as minor as pushing someone aside or punching them in the mouth. 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. Basically, you cannot have physical contact with another person without their consent.
Is Simple Battery in Louisiana a crime of violence?
No. Simple battery in Louisiana is not a crime of violence.
Is Simple Battery in Louisiana a sex offense that will require me to register as a sex offender?
No. Simple battery in Louisiana is not a sex offense.
What are the defenses to Simple Battery in Louisiana?
There are various defenses to simple battery. There are two most common defenses. First, the defendant may assert that the battery occurred, but was in self-defense. In Louisiana, you can use force against another person if that force is reasonable to protect you or someone else. For instance, if a bar patron gets mad at you for bumping him causing him to spill his drink and he then pushes you in the chest, you should be able to beat him down, as long as it is reasonable force.
How do I handle a warrant for Simple Battery in Louisiana?
If you have an arrest warrant for simple battery in Baton Rouge or elsewhere in Louisiana, you may want to contact a criminal defense attorney before proceeding. Typically, you are required to turn yourself in, however, your lawyer may be able to get the officer to write you a summons instead.
Can the victim file a lawsuit against me for Simple Battery?
The victim may be able to file a lawsuit against you for civil battery. Many times, the lawsuit will accompany the criminal simple battery charge. If you get sued for simple battery, you only have 15 days to answer the petition. Be sure not to ignore that time period. Contact a battery defense attorney immediately.
Can Simple Battery be removed from my criminal record in Louisiana?
Yes. It depends how the simple battery is handled in court before we can determine when you can file an expungement to remove the simple battery. Also, there are other circumstances that we must consider to determine eligibility to remove the record. The process of removing an arrest or conviction from an individual’s criminal record is called an expungement. The defendant must file a Motion to Expunge the record to remove the entry.
What can I do if I’m charged with a Simple Battery?
If you, your friend, or even a family member gets involved in a simple battery or commit a simple battery, contact a qualified lawyer immediately. This is because criminal offenses should not be taken lightly. When criminal offenses are not properly handled, they could leave a negative dent on you. For example, where you are convicted for a crime, the conviction would be added to your profile. And this can hinder your rights and privileges in many ways. For example, you would be restricted from traveling to some countries in the world; you would not be able to hold some offices. These offices include both political offices and others like it.
So, it is best to contact a lawyer or an attorney immediately and get the necessary help that you deserve. This is because delay could be detrimental to you or whoever is involved in a simple battery.
Can just any lawyer be of help to me?
No is the answer. Skill is very important in times like this. Just as you would not turn to just a medical doctor to carry out an operation on your body because your life depends on it, do not turn to just any lawyer to help you out in criminal cases like these. This is because, just as further complications may result from allowing just any doctor to carry out your operation, further complications can be done by a negligent lawyer. It could even result in a conviction. So, to avoid all of these, ensure you go to a qualified and well-experienced lawyer to help you with your case.
How do I hire a lawyer for Simple Battery in Louisiana?
If you need a lawyer for Simple Battery in Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with Simple Battery in Louisiana for over 14 years. He is a criminal defense attorney in Baton Rouge that defends clients charged with Simple Battery under La RS 14:35 in most parishes and cities in Louisiana. Hiring the best defense lawyer for Simple Battery is the first decision you should make after receiving the charge. Do not wait until you start going to court for the Simple Battery in Louisiana. If you can, hire your criminal lawyer immediately after you’ve been arrested so he can start to try to get you the best resolution possible. Contact our Simple Battery lawyer in Louisiana by calling (225) 964-6720.
6 Things to know about Simple Battery
Baton Rouge is one of the most lenient cities in the state of Louisiana when it comes to the judicial systems. The state as a whole believes in fair judgment and unbiased trial of an accused that is brought before the court. However, if you are not careful about the defense of your case, even the most trivial crimes can send you to the four walls of a prison in Louisiana. So before you end up with a sentence that you don’t deserve for committing a simple battery crime in Louisiana, you need to educate yourself about the crime.
Battery crime has a unique definition under the Louisiana revised statutes laws, and as such, the seriousness of your punishment for a battery offense will depend on the definition of the battery. According to Louisiana’s revised statute 14:33, Battery is the willful use of force or violence on somebody else. This can also mean administering toxic substances to another individual. Here are a few things to remember when filed for a simple battery case in Louisiana.
1. It isn’t a simple battery when a weapon is involved
When it comes to the reservations made for battery offenses in Louisiana, everything is specified in the definition. Typically, there are different sorts of battery offenses in the US, and each one of them has specific reservations and punishments under the law. As a result, the terms of your sentence will depend on how the battery committed is defined. For simple battery cases, the offender either poisons another individual with toxic substances, use force on another, or use violence against another person. Note that in the aforementioned definition of battery crimes, there is no inclusion of weapons of firearms. That’s because battery committed using weapons or firearms are not considered “simple” in the state of Louisiana. So if a dangerous weapon is filed as one of the pieces of evidence obtained during the arraignment of an accused, the accused will be charged for aggravated battery instead of a simple battery. Whereas the potential sentence for aggravated battery is more serious than simple battery crimes, both crimes can send you to the four walls of a prison. Hence the need for an experienced and aggressive lawyer.
2. Simple battery can expose you to cash fines
Cash fines, among other things, are one of the potential punishments for battery crimes in the state of Louisiana. If you are found guilty for such crimes, the court can demand exorbitant cash fines from you. On the off chance that the offender uses a dangerous weapon on another, the chances will be direr and the cash penalties will be heavier. Depending on the severity of the evidence filed against you for the battery offense, you can incur cash fines up to 5,000 dollars. In some cases, the cash fine incurred by an accused will depend on the societal position of the person abused. That being said, if you commit a battery against a police officer or a veteran of the United States of America, you’ll face serious consequences. Also, if you commit a simple battery against a school teacher or a school contest officer, the potential punishment for the offense will be a lot more overwhelming. The bottom line is that every case is unique in the state of Louisiana, and how well you understand the evidence condemning you for a crime, can influence your outcome in court. That’s why you need to make Mr. Carl Barkemeyer your criminal defense attorney when charged for a simple battery or aggravated battery offense in Louisiana.
3. Simple Battery is not a felony crime, but it can expose you to a jail term
One important thing you need to understand when it comes to battery crimes in the United States is that different states define the battery differently. For the state of Louisiana, a simple battery is generally regarded as a misdemeanor. What does this mean? This means that you won’t experience exceedingly harsh consequences if you are found guilty of the crime. Does that mean that you’ll get a pat on the wrist when you commit a simple battery crime within the state? Of course not. Misdemeanor or not, simple battery crimes are not something you want to be convicted for in Louisiana and the United States as a whole. Simple Battery carries up to six months in jail. If you don’t have a competent and aggressive lawyer fighting for you in court, you can incur a prison sentence for the crime. However, having the full weight of the Carl Barkemeyer, Criminal defense attorney firm behind you during your court trails can help you secure favorable outcomes with your case.
4. The prison sentence is not the worst-case scenario for a simple battery conviction
Some people treat their court case with levity because they believe a misdemeanor case will not expose them to harsh penalties. If you are one such person, think again. The worst-case scenario for a simple battery conviction is not in the prison sentence, rather it’s in the detrimental effect of the conviction. Because in the end, a simple battery conviction can spoil your record and soil your good name in the mud. That could be the end of a lucrative career in governmental institutions and other organizations where a clean record is a necessity for employment.
5. Community service is an option for battery convictions
Not all simple battery offenders end up in jail or incur heavy case fines. In some cases, convicted persons may be asked to participate in community services or be reprimanded in their homes with house arrest. With Carl Barkemeyer, Criminal defense attorney firm behind you, you can appeal for the most favorable outcome.
6. Having the right lawyer can go a long way
What better way to defend yourself against an accusation than to employ a lawyer that has acquired a wealth of experience in defending such crime? Mr. Carl Barkemeyer has a wealth of knowledge on simple and aggravated battery, and he’s ready to use that experience in your defense.
As your results are highly dependent on your attorney skillfulness, you should engage Mr. Barkemeyer for your court case. Feel Free to call us today at 225-964-6720.
Advantages of contacting Carl Barkemeyer to handle your simple battery case
They understand the fragile nature of criminal offenses and the amount of mishap that could result from it when not properly handled. As a result of this, they ensure that their cases are properly handled to avoid these mishaps.
These lawyers are also very self-sacrificing. They try to fit themselves in the shoes of their clients. They do their best to feel what their clients feel. This enables them to act on behalf of the clients as though they are acting on behalf of themselves.
They do not take for granted the cases of their clients no matter how Minuit it might appear.
They ensure that adequate preparations are made before any court session to ensure that no action of their client or any other person jeopardizes the case at hand.
They examine and cross-examine their client and any other persons that would be called as a witness in the case in other to ensure that there is no conflicting statement which can ruin the case at hand. These lawyers have no difficulty in doing these over and over again no matter how long it takes. This is to ensure that there are no Lacuna's on the part of their clients with would be detrimental to them.
Where there is incriminating evidence in custody of the client, the experienced lawyers at Carl Barkemeyer, Criminal Defense Attorney through their experience, dish out suggestions and advice's on nor best such evidence should be treated in other that the interest of their clients is upheld.
The lawyer as are so skillful that they know when to be subtle and when to be aggressive. They understand they cannot be calm at all times. So, when the need arises for them to be fierce, they do not hold back from doing so. All these are done to the benefit of the client to whom they represent.
In the eventuality that punishment cannot be avoided, the lawyers do their possible beat to mitigate the harshness of the punishment which has been provided for by the law. They ensure that the punishment is mitigated to its barest minimum.
Full statute for Simple Battery in Louisiana under La RS 14:35
§33. Battery defined
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.
Acts 1978, No. 394, §1.
§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 one thousand dollars or imprisoned for not more than six months, or both.
