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Started By
Message
re: Is simple battery to a cop a misdemeanor or felony in Louisiana?
Posted on 5/26/14 at 1:19 pm to Sophandros
Posted on 5/26/14 at 1:19 pm to Sophandros
quote:
Another question: Is pointing a gun at a law enforcement officer a crime? Misdemeanor of felony?
This is a joke right?
1
Posted on 5/26/14 at 1:35 pm to Ash Williams
quote:
This is a joke right?
It most certainly is not a joke.
It is, however, a reference to a news story from a couple months back...
Posted on 5/26/14 at 2:33 pm to Walt OReilly
Good rule of thumb is if jail time exceeds 1 year it is usually a felony
Posted on 5/26/14 at 3:07 pm to Walt OReilly
Misdemeanor, but if he threatened his life it could be written up different. In my experience he probably told the other cops to drag out processing him and keep him there as long as they can before posting his bond.
Posted on 5/26/14 at 3:11 pm to lroach2
quote:
Good rule of thumb is if jail time exceeds 6mos it is usually a felony
Posted on 5/26/14 at 5:13 pm to lroach2
no
its if the crime is punishable with/without hard labor
quote:
Good rule of thumb is if jail time exceeds 1 year it is usually a felony
its if the crime is punishable with/without hard labor
Posted on 5/26/14 at 5:15 pm to HunhBruh
LINK /
MISDEMEANOR
B.(1) Whoever commits the crime of battery of a police officer shall be fined not more than five hundred dollars and imprisoned not less than fifteen days nor more than six months without benefit of suspension of sentence.
FELONY
(2) If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than one thousand dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than one year nor more than five years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
(3) If the battery produces an injury that requires medical attention, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both. At least thirty days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
MISDEMEANOR
B.(1) Whoever commits the crime of battery of a police officer shall be fined not more than five hundred dollars and imprisoned not less than fifteen days nor more than six months without benefit of suspension of sentence.
FELONY
(2) If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than one thousand dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than one year nor more than five years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
(3) If the battery produces an injury that requires medical attention, the offender shall be fined not more than one thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both. At least thirty days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Posted on 5/26/14 at 7:06 pm to Walt OReilly
Depends on what he actually did and the cop writing the charge. Normally, when any kind of battery on a cop is a felony. I have even seen folks put in jail for "public intimidation of a police officer" and that is normally billed out as a felony.
Posted on 5/26/14 at 7:09 pm to Sophandros
quote:
Is pointing a gun at a law enforcement officer a crime? Misdemeanor of felony? How does that change if said LEO is a federal LEO?
You point a gun at any cop and it is a felony, provided you live. At that point they have the right to use deadly force to defend their lives.
Posted on 5/26/14 at 7:19 pm to Walt OReilly
I think that if your friend is charged with simple battery he needs to consult an attorney.
Posted on 5/26/14 at 7:19 pm to damnedoldtigah
Wow, just a misdemeanor in AL. Either menacing or reckless endangerment. The catch is a cop or a civilian can both shoot your a$$ for it.
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