Navigating a Domestic Battery RS 14:35.3 in Louisiana
Facing a domestic battery RS 14:35.3 charge can feel overwhelming. Whether you’re personally dealing with this situation or helping someone close to you, understanding Louisiana’s domestic abuse law is crucial.
The statute details the crime of domestic battery RS 14:35.3, including definitions, penalties, and specific terms. This guide covers what you need to know about domestic violence penalties in LA, along with potential defenses.
Understanding Domestic Battery RS 14:35.3: Definition and Scope
Louisiana law defines domestic battery RS 14:35.3 as the “intentional use of force or violence committed by one household member or family member upon the person of another household member or family member.”
Unlike general battery charges, this statute applies specifically to close personal relationships—like partners, former partners, or family members.
Have you been falsely accused of a Domestic Abuse Charge? Watch our video on what to do next!
Who Qualifies as a Household Member or Family Member?
The law includes many relationships under domestic battery RS 14:35.3. These include:
- Household members who are presently or formerly living in the same residence as the accused and involved in an intimate relationship.
- Children presently or formerly living with the accused, regardless of biological relation, also qualify.
- Family members, including spouses, ex-spouses, parents, children, stepparents, foster parents, and other direct relatives like grandparents or grandchildren.
This broad definition ensures domestic violence penalties in LA protect individuals in familial or household settings.
Key Elements and Terms in Domestic Battery RS 14:35.3
Understanding the statute’s key elements and terms can clarify its requirements and implications. Some important elements include:
- Intentional Force or Violence: The domestic battery RS 14:35.3 charge applies only if the accused intentionally used force or violence against another. This means physical force cannot occur accidentally. Common examples might include actions taken in anger or meant to intimidate.
- Strangulation and Burning: The statute also covers “strangulation” and “burning.” Strangulation means intentionally blocking someone’s breathing or blood flow by applying pressure to the throat or neck. Burning involves causing injury to the skin through heat, electricity, or chemicals.
- Community Service and Intervention Programs: Court-mandated programs, such as domestic abuse intervention, play a critical role in domestic battery RS 14:35.3 sentencing. There are alternatives to jail time, such as community service. Generally speaking, the domestic abuse intervention programs require offenders to complete at least twenty-six in-person sessions over twenty-six weeks.
Domestic Violence Penalties LA: Sentencing for Domestic Battery
The penalties under domestic battery RS 14:35.3 vary based on whether the offender has prior convictions and on the severity of the offense. Domestic violence penalties in LA aim to hold offenders accountable while offering alternatives, especially for first-time offenders.
First Offense
A first conviction under RS 14:35.3 includes:
- A fine between $300 and $1,000.
- Jail time from thirty days to six months, with at least forty-eight hours served without parole, probation, or suspension of sentence.
Probation may include completing a court-monitored intervention program and either:
- Serving four additional days in jail, or
- Performing eight eight-hour days of community service.
This structure under domestic violence penalties in LA focuses on accountability with some flexibility, allowing alternatives for first-time offenders.
Second Offense
A second conviction increases fines and jail time:
- Fines range from $750 to $1,000.
- Jail time ranges from sixty days to one year, with fourteen days served without parole, probation, or suspension.
Probation terms may include:
- Serving thirty additional days in jail, or
- Completing thirty eight-hour days of community service and attending an intervention program.
Third and Subsequent Offenses
Penalties increase with each conviction. For a third offense:
- Fines reach $2,000.
- Jail time ranges from one to five years, with the first year served without parole, probation, or suspension.
For a fourth or higher offense:
- The minimum jail time is ten years, with a maximum of thirty years.
- The first three years are served without parole or probation.
Special Circumstances Affecting Domestic Violence Penalties in LA
Certain circumstances under RS 14:35.3 can increase penalties for domestic abuse battery. These factors, such as the presence of minor children, use of a dangerous weapon, or causing bodily injury, add weight to the charges.
- Presence of Minor Children: Louisiana’s “Domestic Abuse Child Endangerment Law” increases penalties if a minor (age 13 or younger) is present during the abuse. This addition shows Louisiana’s commitment to protecting children from experiencing or witnessing violence.
- Use of a Dangerous Weapon: Using a dangerous weapon in a domestic abuse incident results in harsher penalties, particularly if an injury occurs due to the weapon.
- Serious Bodily Injury: When the accused causes serious bodily injury, domestic battery RS 14:35.3 mandates additional penalties. Incidents involving strangulation or burning can lead to sentences ranging from five to fifty years, depending on the extent of injuries.
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Potential Defenses for Domestic Battery RS 14:35.3 Charges
Facing a domestic battery RS 14:35.3 charge is daunting, but several defenses may apply. Working with an experienced criminal defense attorney can help build a strong case.
- Lack of Intent: Since domestic battery RS 14:35.3 requires intentional force, proving that contact was accidental could serve as a defense.
- Self-Defense: Louisiana law allows individuals to protect themselves if they reasonably believe they are in imminent danger. Self-defense claims might include witness statements, photos of injuries, or other documentation.
- Evidence Challenges: A criminal defense attorney may find inconsistencies in witness statements, medical records, or law enforcement reports that weaken the prosecution’s case. Challenging the evidence is a common and effective defense.
While a domestic battery RS 14:35.3 charge is serious, understanding your defenses and seeking qualified legal help can significantly affect your case’s outcome.
Conclusion: Seek Legal Guidance for Domestic Battery RS 14:35.3 Charges
A domestic battery RS 14:35.3 charge in Louisiana carries life-changing consequences. Understanding the statute, the domestic violence penalties in LA, and relevant factors helps prepare you for what’s ahead.
Facing such a charge alone can be overwhelming, but knowing your legal options and defenses under Louisiana domestic abuse battery law can empower you to approach the situation confidently.
If you or a loved one is dealing with domestic violence charges or domestic violence convictions under RS 14:35.3, don’t navigate it alone.
Our experienced attorneys understand Louisiana domestic abuse battery law and can guide you through each step of your case. Call our office at 504-434-7000 for a free consultation with an attorney who can provide the support and representation you need.
