What is a battery?

Louisiana’s criminal laws are contained in Title 14 of the Louisiana Revised Statutes. It is divided into multiple subparts dealing with crimes against persons, crimes against property, sex offenses, etc…

Battery is contained in Chapter 1, Part II, Subpart B. It is defined in §33 as “the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.” Battery does not require any injury to the victim. It also does not require intent to cause injury. It merely requires the intent to commit the battery, itself, with all intended and unintended consequences that follow from that.

Louisiana does not “grade” its offenses, but there are several types of battery of increasing levels of seriousness:

1. Simple Battery

   • This offense is a misdemeanor that criminalizes battery.

   • The penalty is a fine of up to $500 and/or imprisonment of up to 6 months.

2. Second Degree Battery

   • This offense is a felony that criminalizes a battery in which the offender intentionally inflicts a serious bodily injury.

   • The penalty is a fine of up to $2,000 and/or imprisonment with or without hard labor for up to 8 years.

3. Aggravated Battery

   • This offense is a felony that criminalizes a battery committed with a dangerous weapon.

   • The penalty is a fine of up to $5,000 and/or imprisonment with or without hard labor for up to 10 years.

4. Aggravated Second Degree Battery

   1. This offense is a felony that criminalizes a battery in which the offender intentionally inflicts a serious bodily injury with a dangerous weapon.

   2. The penalty is a fine of up to $10,000 and/or imprisonment with or without hard labor for not more than 15 years.

There are also multiple specific battery statutes if the battery is committed against individuals with specific jobs:

• Battery of a police officer,

• Battery of a school teacher,

• Battery of a school or recreational athletic contest official,

• Battery of a correctional center employee,

• Battery of a bus operator, and

• Battery of a child welfare or adult protective services worker.

There are also multiple specific battery statutes that criminalize battery on people of a specific status or relationship.

• Simple battery of persons with infirmities,

• Battery of a dating partner, and

• Domestic abuse battery.

If you would like to set up a consult to discuss your battery case, give us a call at (318) 459-9111.