New Law: Battery of a Police Officer

This year, the Louisiana legislature added additional acts and penalties to the battery on a police officer statute.

The old version of the statute prohibited throwing bodily fluids at a law enforcement officer while the offender was incarcerated in any detention facility. The change in the law removes the requirement that the offender be incarcerated, so makes this law applicable to anyone and also criminalizes the throwing of water or any other liquid to the prohibited substances. This change vastly increases the potential individuals who could be prosecuted for this offense.

The new version of the statute also makes it enhanceable, meaning that a second or subsequent offense subjects the offender to a fine of not more than $1,000 and imprisoned with or without hard labor for not less than one year nor more than three years, with 15 days of that sentence without benefit of parole, probation, or suspension of the sentence.

It also makes the penalty for a battery that causes an injury requiring medical attention to be enhanceable, making the penalty for a second or subsequent offense, a fine of not more than $2,000 and imprisonment with or without hard labor for not less than two years nor more than five years, with 60 days of the sentence without benefit of probation, parole, or suspension.

These changes increase the penalties and make the possible behavior that is punishable much more expansive than the prior version of the law.

If you or someone you know is facing battery against an officer charges, or any criminal charges, give us a call at (318) 459-9111 to set up a consultation.