Facing a domestic abuse aggravated assault charge in Louisiana can be daunting, especially when it involves complex relationships within families or households. Louisiana law is strict in defining and prosecuting this crime, as it involves the use of a dangerous weapon and has severe penalties. If you or someone you know is dealing with this charge, understanding the specifics of domestic abuse aggravated assault and how it differs from related charges like domestic abuse battery is crucial.
What is Domestic Abuse Aggravated Assault?
Under Louisiana RS 14:37.7, domestic abuse aggravated assault is defined as an assault with a dangerous weapon committed by one household member or family member upon another. This includes relationships like spouses, former partners, and anyone living together, whether currently or previously, in an intimate relationship. The use of a weapon intensifies this charge, leading to severe penalties. This broader definition of family and household members can make cases feel more complex and stressful. If you or someone you know is dealing with a charge like this, understanding these specific definitions can help clarify what you’re facing.Penalties for Domestic Abuse Aggravated Assault in Louisiana
The consequences of a conviction for domestic abuse aggravated assault are severe, with potential consequences that extend beyond jail time. If found guilty, an individual could face:- Prison time: Sentencing ranges from one to five years at hard labor.
- Financial penalties: Fines of up to $5,000 may also be imposed.
Enhanced Penalty for Child Endangerment
If a child or foster child under 13 years old is present during the assault, Louisiana’s domestic abuse aggravated assault child endangerment law applies. This law requires a mandatory minimum sentence of two years without parole, probation, or suspension. For parents or those who care for children, this enhancement is especially concerning, as it adds even more severe penalties simply due to the presence of a child of the offender or child presently at the location of the assault. The strict penalties and inclusion of children make this charge particularly overwhelming. However, plea deals for domestic assault in Louisiana can offer a path to reduced charges or lighter sentences, especially in cases with mitigating circumstances. Not sure what questions to ask when hiring a criminal defense attorney?How Domestic Abuse Aggravated Assault Differs from Domestic Abuse Battery
Understanding the distinction between domestic abuse aggravated assault and domestic abuse battery (RS 14:35.3) can clarify what charges an individual may be facing and why.Domestic Abuse Battery
Domestic abuse battery involves the intentional use of force or violence by one household or family member against another without the use of a weapon. This might include acts such as pushing or hitting, provided there is no dangerous weapon involved. Domestic abuse battery also involves penalties that vary depending on prior convictions, and additional conditions apply if certain factors, like child presence or strangulation, are involved.- Penalties for a first offense: This includes fines between $300 and $1,000 and 30 days to six months in jail.
- Enhanced sentences for repeat offenses: Subsequent convictions require longer sentences, community service, or court-monitored intervention programs, especially if the incident involves a child of the offender or other aggravating factors.
