re: A-hole driver charged with aggravated assault (UPDATE) (double line enforcer)

Seems like the following would be the appropriate charges in Louisiana. Note the boyfriend/victim did not suffer serious injuries but the girlfriend did. An overzealous prosecutor (see Florida) would likely go for attempted 2nd degree murder. I think 1 count of aggravated 2nd degree battery and 1 count of aggravated battery would be the most appropriate charges. I can't stand when other jurisdictions use assault to define what is a battery. Assault= a reasonable apprehension of imminent harm. Battery= the actual touching/contact which causes harm. This is clearly a battery.

LA RS-§34.7. Aggravated second degree battery
A. Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
B. For purposes of this Section, the following words shall have the following meanings:
[omitted]
(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 aggravated second degree battery shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than fifteen 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 aggravated second degree battery was committed because of that status.

- Not going to cite 2nd Degree Murder but all that is necessary is "the specific intent to kill or inflict great bodily harm". This would be the most difficult to prove but I think it's reasonable to believe he intended to inflict great bodily harm. Get a few bikers on the jury and you probably get a conviction for attempted second degree murder.

LA RS-§27. Attempt; penalties; attempt on peace officer; enhanced penalties
A. Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.

The people that believe the old man should not be charged because the biker broke the law are the most ridiculous people in this thread. If a drunk driver swerves out of his lane hitting and killing someone in the opposite lane who was speeding, let's say he was going 80 mph in a 70 mph speed zone, then the drunk driver should not get charged with any crime according to y'all. Get your heads out of your asses because that makes no sense! Now in the civil suit that will definitely be a factor in determining/allocating fault, but that won't affect the criminal charges.