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Question for OT lawyers
Posted on 9/4/14 at 12:47 pm
Posted on 9/4/14 at 12:47 pm
What's the difference in simple battery and second degree battery in the state of Louisiana? let's say victim has broken sinus cavity and nose, along with fractured cheekbone. a buddy of mine was snuck a while back and We were wondering if the guy that hit him is being charged properly
8
Posted on 9/4/14 at 12:48 pm to chesty
Without posting the statute, what you describe is 2nd degree battery.
Posted on 9/4/14 at 12:49 pm to chesty
ask the energizer bunny. he was recently charged with battery.
Posted on 9/4/14 at 12:50 pm to chesty
Why don't you just google the statutes and read them?
This post was edited on 9/4/14 at 12:50 pm
Posted on 9/4/14 at 12:50 pm to Artie Rome
So if the guy that hit my buddy is being charged with simple battery, how does he go about getting the charge upgraded I guess?
Posted on 9/4/14 at 12:51 pm to chesty
quote:It depends. What college does he play for?
a buddy of mine was snuck a while back and We were wondering if the guy that hit him is being charged properly
Posted on 9/4/14 at 12:51 pm to chesty
Simple Battery - La. R.S. 14:35
Second Degree Battery - La. R.S. 14:34.1
quote:
Simple battery is a battery committed without the consent of the victim.
Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
Second Degree Battery - La. R.S. 14:34.1
quote:
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, the following words shall have the following meanings:
(1) "Active member of the United States Armed Forces" shall mean an active member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard.
(2) "Disabled veteran" shall mean a veteran member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard who is disabled as determined by the United States Department of Veteran Affairs.
(3) "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. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the second degree battery was committed because of that status.
Posted on 9/4/14 at 12:51 pm to chesty
How does he get charges upgraded? 
Posted on 9/4/14 at 12:52 pm to chesty
quote:
So if the guy that hit my buddy is being charged with simple battery, how does he go about getting the charge upgraded I guess?
He can't. It's not his call, it's the prosecutors. And simple battery is much easier to prove here. It hinges on "serious bodily injury."
quote:
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.
Posted on 9/4/14 at 12:53 pm to FalseProphet
No clue what the correct terminology is, but it's a legitimate question.
Posted on 9/4/14 at 12:54 pm to FearTheFish
quote:
At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the second degree battery was committed because of that status.
Feel good bullshite.
Posted on 9/4/14 at 12:54 pm to chesty
Get back to class. The recess bell just rang.
Posted on 9/4/14 at 12:54 pm to chesty
No it's not. When was the last time you got to make the decision on whether to upgrade charges?
Posted on 9/4/14 at 1:01 pm to FalseProphet
quote:
How does he get charges upgraded?
Have the victim contact the DA's office and talk to the guy handling the case.
Posted on 9/4/14 at 1:01 pm to chesty
quote:
What's the difference in simple battery and second degree battery in the state of Louisiana? let's say victim has broken sinus cavity and nose, along with fractured cheekbone. a buddy of mine was snuck a while back and We were wondering if the guy that hit him is being charged properly
Sounds like attempted 2nd degree murder to me. I would try to get a new prosecutor appointed. File a motion for in camera inspection which allows the judge to decide if a new prosecutor should be appointed.
Posted on 9/4/14 at 1:02 pm to theronswanson
quote:
Sounds like attempted 2nd degree murder to me. I would try to get a new prosecutor appointed. File a motion for in camera inspection which allows the judge to decide if a new prosecutor should be appointed.
Posted on 9/4/14 at 1:09 pm to FalseProphet
quote:
No it's not. When was the last time you got to make the decision on whether to upgrade charges?
I agree. You do not "upgrade" charges. ADA decision.
Posted on 9/4/14 at 1:14 pm to Artie Rome
quote:
Feel good bull shite.
Right, how often has this come up if ever? Anyway, do active members of the USMC really need extra protection? It almost makes sense for disabled guys, but current Marines ought to be able to take care of themselves.
The RS are full of this kind of stuff though, because what legislator is going to vote against it?
Posted on 9/4/14 at 1:36 pm to chesty
quote:
a buddy of mine was snuck a while back and We were wondering if the guy that hit him is being charged properly
Just proceed to the civil suit, Chesty. You can't get those charges upgraded.
Was a definite chicken shite sucker punch.
Posted on 9/4/14 at 1:39 pm to mikelbr
not me bro, a guy that i play soccer with got snuck at bulldog in june.. he was wondering what the deal was
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