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re: Am I the only person that thinks that JJ & JJ are getting railroaded?

Posted on 8/26/11 at 3:25 pm to
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48329 posts
Posted on 8/26/11 at 3:25 pm to
quote:

The stomping of someone while on the ground is cause for the charge


Not true. Second degree battery requires a specific type of injury.

Lowery is claiming loss of consciousness which would satisfy that "severe" injury needed for a 2nd degree battery charge.
Posted by jralspanky
Fargo - Home of NDSU Bison
Member since Apr 2009
1479 posts
Posted on 8/26/11 at 3:28 pm to
LOUISIANA SECOND DEGREE BATTERY LAW
LSA-R.S. 14:34.1
A. Second degree battery is a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.
B. For purposes of this Section, "serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
C. Whoever commits the crime of second degree battery shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than five years, or both.
The above statute is provided as a service of Babcock Partners. If you or a loved one has been charged with this crime and would like to hire an attorney, please call us toll-free at 1-866-309-0911.
Updated August 12, 2010
Posted by A75CADDY
BatonRouge, LA
Member since Nov 2010
315 posts
Posted on 8/26/11 at 3:35 pm to
quote:

Not true. Second degree battery requires a specific type of injury.

Lowery is claiming loss of consciousness which would satisfy that "severe" injury needed for a 2nd degree battery charge.


They have no way of verifying that though.
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