Louisiana Criminal Defense Lawyer

Domestic Assault or Domestic Violence


Charges of domestic assault or domestic violence are taken seriously by the courts of the state of Louisiana. The legislation outlines very severe penalties associated with charges of domestic assault or domestic violence.

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Louisiana Domestic Assault or Domestic Violence Laws and Penalties

Domestic abuse battery is the name associated with the laws in Louisiana, relating to violence against acquaintances; but when a person uses violence or force against another household member, this is considered domestic abuse.

The household member can include a person of the opposite sex who is living in the same house, even if they are unmarried, as well as a spouse. It can also include a person of the opposite sex, spouse or not, who has ever lived with the accused. And it can always include any child of the accused, or child who lives with, or has lived with, the accused, within the last five years.

The penalties associated with charges of domestic assault or domestic violence can include a fine between $300 and $1,000. The sentencing can include between 10 days and 6 months in jail.

The minimum punishments can be altered by the court if the convicted is given probation, they have spent two days in jail, they enter into a treatment program, and they also agree not to possess or own any firearm during the sentencing period.

The courts can also lessen the minimum punishments if the convicted is placed on probation, following the completion of 48 hours of community service, they agree to enter into a domestic abuse program, and they agree not to possess or own a firearm for the duration of the sentencing.

However, if there are aggravating circumstances, then the laws are different:

If a person is convicted of domestic abuse while a child under 13 was present, then the minimum sentence may not be suspended. And if the domestic assault is committed against a person who is known by the convicted to be pregnant, then they must serve at least 30 days in jail with no option for suspension.

Domestic abuse can be considered a misdemeanor, but it will carry a sentence between 10 days and 6 months in jail with a fine between $300 and $1,000. For a misdemeanor charge of domestic assault or domestic violence, one can alternatively be put on probation after serving 2 days in jail.

If a person is convicted of a second misdemeanor for domestic assault or domestic violence then the sentencing changes to between 30 days and 6 months in jail and a fine between $750 and $1,000. If you have already been convicted of a misdemeanor domestic assault or domestic violence charge twice, and you are charged again, then the sentence can also include probation after 15 days in jail, 48 hours of community service, and participation in an abuse prevention program.

If you are convicted a third time of domestic assault or domestic violence in the state of Louisiana, then it is considered a felony and you can receive a punishment of 1 to 5 years in jail and/or a fine of up to $2,000.

If you receive a fourth charge for domestic violence or domestic assault then the sentencing is between 10 and 30 years in prison and/or a fine of up to $5,000.

Get Help with a Louisiana Domestic Assault or Domestic Violence Charge

Should you face domestic assault or domestic violence charges in the state of Louisiana, it is imperative that you seek legal counsel immediately. The state takes these charges very seriously, and having good representation is the only way to barter for lesser minimum sentencing and plea bargains with the prosecution.