Defending Domestic Abuse/Violence Charges in Louisiana
Louisiana criminal law punishes domestic violence and domestic abuse in many ways. Typically, domestic abuse/violence comes in the form of battery and other forms of violence. But domestic abuse/violence also includes threats, intimidation, false imprisonment, kidnapping, and other criminal behavior. Louisiana prosecutors may ALSO charge assault, battery, sex crimes, intimidation, kidnapping, and other behavior under the general Louisiana criminal statutes. That is, if the situation involved hitting and punching a family member, then that behavior may be charged as domestic abuse/violence and also as general battery. Why? Prosecutors sometimes charge as many crimes as possible as "bargaining chips" for plea bargain negotiations.
Louisiana criminal law defines the crime of domestic violence as criminal acts -- like those mentioned above -- by a person against a family member, a member of the household, or a dating partner. More particularly, a "household member" includes:
Those that live together OR who have lived together
Those involved in a current OR past romantic/sexual relationship (whether or not they still live together)
Children who live or have lived with the perpetrator and
Children of the accused, regardless of where they live
"Family member" is defined to include spouses, ex-spouses, parents and stepparents, children and stepchildren, and foster family members.
A person convicted of first-offense domestic abuse/violence will face penalties of up to six months in jail and fines of up to $1,000. The same penalties may result when there is domestic violence against a dating partner.
For aggravated domestic violence -- use of a dangerous weapon and/or causing or attempting to cause great bodily harm -- the penalties become much more severe. The potential jail time ranges from 8 to 50 years, depending on the case, and thousands of dollars in fines. Note that there is also an enhancer if a child under the age of 13 was present at the scene when the domestic abuse/violence occurred. If that is proven and there is a conviction, then there is a mandatory minimum of 2 years in jail.
Possible criminal defenses:
If you have been arrested for domestic violence, you can benefit by quickly getting in touch with a Louisiana criminal defense attorney. Depending on the facts of the case, there may be potential defenses to the charges. These include:
Innocence defense -- showing evidence that the events did not happen
Alibi -- showing that the accused was not present at the scene when the alleged crime occurred.
Self-defense or defense of others -- this can be a defense if the accused was not the aggressor and was defending against the violence or threatened violence of another.
False accusation -- a variation on the innocence defense.
Provocation -- can sometimes be convincing to a jury.
Criminal defenses that are technical in nature, like violations of constitutional rights.
And more
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that you need to help you win your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.