What causes a Domestic Abuse Battery charge to be a felony?

Domestic Abuse Battery is defined in Louisiana Revised Statutes 14:35.3. It prohibits the use of force or violence upon a household or family member without their consent. A household member is defined as “any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.” A family member is defined as, “spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children.”

A first or second offense of domestic abuse battery is a misdemeanor; however, certain allegations will raise the penalty range to a felony. If a child under the age of 13 is present in the home at the time of the incident; if the victim of the domestic abuse battery is pregnant and the offender knows the victim is pregnant; if the battery involves strangulation; or if the battery involves burning, the penalty range increases to a maximum term of imprisonment of 3 years.

If the battery involves burning and inflicts serious bodily injury, then the penalty range changes to imprisonment at hard labor for not less than 5 years nor more than 50 years without benefit of probation, parole, or suspension of sentence.

The statute also increases the penalty range to a maximum term of imprisonment of 8 years if the battery results in serious bodily injury.

If you or someone you know is facing charges of domestic abuse battery, give us a call at (318) 459-9111 to set up a consultation.