Being convicted of domestic violence can irreparably change your life and that of your family. You could face lengthy prison terms and hefty fines. A conviction could have a damaging effect on your personal and professional relationships and reputation.
Working with a Metairie domestic violence lawyer is critical to defending your rights. A skilled criminal defense attorney could investigate the accusations and help you craft the defense strategy that best fits your situation. With their assistance, you could work on rebuilding your life.
Domestic Violence Under State Law
Louisiana Revised Statutes Title 14, Section 35.3 defines what types of criminal acts constitute domestic violence and explains who can face charges of domestic violence. People can face specific domestic violence charges in addition to or separate from general assault and battery charges.
According to state law, domestic abuse battery involves the intentional use of violence or force.
Under the law, domestic violence involves acts of violence between household or family members. Household members include anyone who currently or previously lives with the accused offender, was involved in a relationship with the accused offender, a child who lives or used to live with the accused offender, or any child of the offender.
Family members include current and former spouses, parents, children, stepchildren, stepparents, and the child’s co-parent.
A Metairie domestic violence attorney could meet with an accused defendant to help them understand the charges they face and the possible legal consequences.
Possible Criminal Penalties for Domestic Violence
The penalties a convicted offender faces vary depending on the facts of a case. A court could consider whether the defendant was a repeat offender, the amount of physical damage they caused, and the age of the accuser.
First-Time Offender
If the defendant is a first-time offender with no prior convictions, they could face up to a six-month prison sentence and a maximum of a $1000 fine.
Second-Time Offender
If the defendant is convicted for the second time, they could face a fine up to $1000 and up to a year in prison.
Third-Time Offender
Third-time offenders typically face felony charges. They face a mandatory minimum of one year in prison and can face up to five years in prison and a $2000 fine.
Fourth-Time Offender
Fourth-time and subsequent offenders face imprisonment with hard labor and a $5000 fine. Their prison terms could range from 10 to 30 years, with a mandatory three-year sentence without the possibility of parole or probation.
Special Criteria
Certain factors can elevate the severity of the crime and make the penalties more serious, such as if a child was present at the time of the alleged crime, if the accuser was pregnant, or if the battery involved burning or strangulation.
Convicted offenders can also face protective orders and community service. They might also have to undergo an intervention program. A conviction could also affect a defendant’s ability to own a firearm.
A domestic violence lawyer in Metairie could mount a vigorous defense to avoid or minimize the potential penalties.
Contact a Metairie Domestic Violence Attorney to Protect Your Rights
Domestic violence charges are not something to treat lightly. A conviction could impact your relationship with your family and eligibility for housing and employment. If you are a parent, a conviction could affect your ability to maintain custody. You need to work with an aggressive legal team who knows how to fight for you.
Contact a Metairie domestic violence lawyer to schedule a confidential consultation.
