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How Does the Law Define a Simple Battery in New Orleans?

New Orleans law defines simple battery as a battery committed without the consent of the victim. Simple Battery involves deliberately applying force or violence to another person. This could include being in an insulting or offensive manner. An example could include getting into a fistfight with someone. This charge is lower than an aggravated battery, which involves a weapon.

As a result, the law finds that whoever commits a simple battery should be fined not more than one thousand dollars or imprisoned for not more than six months, or both.

WHEN SHOULD I CALL A NEW ORLEANS LAWYER FOR SIMPLE BATTERY?

You should contact a simple battery lawyer as soon as possible to assist with your simple battery charge in New Orleans. There are 3 main reasons we suggest contacting an attorney as soon as you are aware of the charge.

  1. Simple battery charges are considered violent crimes in New Orleans and consequently are treated more seriously than non-violent crimes.
  2. Because simple battery charges are treated as violent crimes, the charges are accompanied by more serious penalties and long-term consequences.
  3. An experienced simple battery lawyer can assist with solving your case expediently and in a way that you will have the least long-term consequences.

When you contact an attorney that works specifically with Simple Battery charges, you can work toward getting your case dismissed altogether, pursue a lesser charge, or try to get a reduced sentence.

Will a Simple Battery Charge Permanently Impact my Record?

Yes, a Simple Battery Charge has the potential to permanently accompany you for the rest of your life. As mentioned above, because violent crimes are treated differently from misdemeanors they will show up on various types of background checks including:

  • Employment;
  • Professional licenses;
  • Internships;
  • Apartment rentals;
  • and potentially others.

Our team of highly experienced attorneys can assist you in determining the best course of action so we can avoid having this charge part of your permanent record.

HERE IS WHAT YOU NEED TO KNOW ABOUT SIMPLE BATTERY IN NEW ORLEANS:

NEW ORLEANS SIMPLE BATTERY LAWS

As mentioned above, Simple Battery is a serious offense in New Orleans. While it is not as serious as an Aggravated Battery involving a weapon, a Simple Battery carries severe repercussions. Typically, in these types of cases, theofficer will make a summons for you to appear in court rather than making a custodial arrest at the time of the incident. There are some cases where the officer could make a custodial arrest, but this typically only happens if certain other issues occur which can include the individual failing to provide personal identifying information and/ or fails to appear at their court date indicated in the summons.

NEW ORLEANS SIMPLE BATTERY PENALTIES

If you have been charged with a Simple Battery you can be fined up to $1,000 and/ or be imprisoned for up to six months. Simple Battery is a misdemeanor charge but will impact your personal record.

What are my Next Steps?

The qualified attorneys at our firm will take all of the stress of your plate and help you with every step of the process. We will ensure you meet all of the court-imposed deadlines, file all required paperwork, and make the correct pleas.

Part of your sentencing can include the judge imposing supervised or unsupervised probation. If this happens in your case, you will have to meet regularly with a probation officer and comply with court conditions which could include not having any additional arrests or convictions and/ or attending counseling or performing community service. Violation of probation can result in jail time.

You may also have to pay restitution or reimbursement to the victim for expenses incurred from the crime including medical treatment costs or counseling.

If you contact our office, we will investigate your case and determine whether you were wrongfully charged and if we should work toward a case dismissal before trial. If we do not think a dismissal is the best course of action, we may work with the prosecutor to negotiate a plea deal. This can be beneficial in getting your crime lowered to a less serious crime or receiving a lesser sentence.

A Simple Battery charge, although a misdemeanor can have serious impacts on your personal record. This can result in issues when you apply for a job, attempt to rent or buy a house or apartment, or have other implications. Subsequently, if you are ever convicted of a crime again, this record could cause you to have a more serious sentence in the future.

We highly recommend that you work with an attorney that has significant experience working with the Louisiana court system with Simple Battery Cases. Contact our office so we can explain your rights and work toward the most positive outcome for your case.

EXPERIENCED NEW ORLEANS SIMPLE BATTERY LAWYER

The Law Office of Heather C. Ford will give you peace of mind in your simple battery case. She will professionally and effectively represent you on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind.

Serving New Orleans and the surrounding area:

  • Get Expert Advice
  • Save Time
  • Reduce Costs
  • Fast & Free Consultation

We are committed to making the legal process as quick and efficient as possible for every client. If you have received simple battery charges in New Orleans, Contact our office immediately to schedule a consultation.

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FAQ

Since simple battery is a criminal charge, it is not up to the victim whether or not the charges will be dropped. The victim can say that they do not want to press charges, but it is ultimately up to the prosecutor as to whether or not they will pursue the case.

Despite being a misdemeanor charge, simple battery can be very serious. Since it is a violent crime, the penalties can be severe and a conviction could seriously impact your future.

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