What Happens If You're Charged with Second Degree Battery in Louisiana?

Louisiana's second-degree battery charge can be overwhelming, especially if you’ve never been through the process before. Not only can it impact your freedom, it also has serious implications for professional advancement and family life. The first step in protecting yourself is to understand how this statute is defined under law, what penalties can be imposed upon conviction and what general defenses are conceivable for your situation. This article examines these issues, provides basic information about the charge of second-degree battery and responds to some frequently asked questions in order to help readers begin to construct a possible structure for their own case based on legal precedent.





What Is the Legal Definition of Second Degree Battery in Louisiana?

Under Louisiana Revised Statute 14:34.1, second degree battery is defined as:

"A battery committed without the consent of the victim when the offender intentionally inflicts serious bodily injury."

This means the following three elements must be present:

  • The offender acted intentionally

  • The act caused serious bodily injury (e.g., unconsciousness, severe pain, disfigurement, or prolonged loss of body function)

  • The victim did not consent to the act

This crime is classified as a felony offense in Louisiana and is punishable by up to 8 years in prison and a fine up to $2,000.

How Is Second Degree Battery Different from Other Battery Charges?

Offense

Description

Penalty

Simple Battery

Battery without serious injury

Up to 6 months in jail, fines

Aggravated Battery

Battery involving a dangerous weapon

Up to 10 years in prison

Second Degree Battery

Battery causing serious bodily injury

Up to 8 years in prison, $2,000 fine

Second Degree Murder

Intentional killing or death during a felony

Life in prison without parole


What Are the Penalties for Second Degree Battery in Louisiana?

Second-degree battery carries significant legal consequences, including:

  • Up to 8 years of imprisonment with or without hard labor

  • A fine of up to $2,000

  • A felony conviction on your criminal record

  • Probation, parole, or supervised release after incarceration

  • Loss of civil rights, including the right to own firearms

What Happens After You’re Arrested for Second Degree Battery?

Once arrested, here’s what typically follows:

  1. Booking and Bail Hearing – You’ll be taken into custody, fingerprinted, and booked. A judge will set bail.

  2. Formal Charges Filed – The District Attorney will review police reports and medical evidence to decide if charges proceed.

  3. Arraignment – You’ll appear before the judge and enter a plea (guilty, not guilty, or no contest).

  4. Pre-Trial Motions – Your lawyer may file motions to exclude evidence, reduce charges, or even dismiss the case.

  5. Trial or Plea Deal – If no agreement is reached, the case goes to trial. A plea deal may result in reduced charges or sentencing.

  6. Sentencing – If convicted, the court will impose penalties, including prison, fines, and probation.

Can You Beat a Second Degree Battery Charge?

Yes. With the help of an experienced criminal defense attorney, there are several possible defenses, including:

1. Self-Defense

If you believed you were in imminent danger, your attorney may argue that your actions were justified.

2. Lack of Intent

The prosecution must prove that you intentionally caused serious injury. Accidents or unintentional harm may not meet the criteria.

3. False Accusation

In domestic disputes or fights, emotions run high. Your lawyer may uncover inconsistencies or false statements in the evidence.

4. Injury Not Serious Enough

Your attorney can challenge the medical evidence if the injury doesn’t meet the legal standard for "serious bodily injury."

What Should You Do If You’re Charged with Second Degree Battery?

  1. Remain Silent – Do not speak to law enforcement without legal representation.

  2. Hire a Criminal Defense Lawyer Immediately – An experienced attorney can protect your rights and begin building your defense.

  3. Gather Evidence – Any photos, text messages, or witness information can help your case.

  4. Follow Court Orders – Obey all bond conditions and court appearances.

How Long Does a Second Degree Battery Case Take in Louisiana?

The length of a second degree battery case in Louisiana can vary depending on the facts of the situation and the court’s schedule. After an arrest, it typically takes between one week and a month for the arraignment to occur. The next stage, which includes pre-trial motions and discovery, often lasts from one to three months as both sides exchange evidence and build their arguments. From there, the case may move toward trial or resolution through a plea agreement, generally within three to nine months. However, delays are not uncommon, especially if key evidence is challenged or witnesses become unavailable. Throughout this process, your criminal defense lawyer will guide you and provide updates on every development in your case.

Why You Need a Criminal Defense Attorney in a Battery Case

If you're facing a charge this serious, the right legal help can mean the difference between freedom and a felony conviction. A criminal defense attorney will:

  • Review all evidence, including medical records and police reports

  • Identify weaknesses in the prosecution’s case

  • Negotiate for reduced charges or alternative sentencing

  • Represent you in court and fight for your rights

Frequently Asked Questions (FAQs)

Is second degree battery a violent crime?

Yes, under Louisiana law, it is classified as a violent felony offense.

Can a second degree battery charge be expunged?

In limited cases, expungement may be possible after probation or deferred sentencing, but not for convictions with hard labor.

Can a victim drop the charges?

No. The decision to prosecute rests with the District Attorney, not the victim.

Does second degree battery affect employment?

Absolutely. A felony conviction can affect job opportunities, licenses, housing, and more.

Can juveniles be charged with second degree battery?

Yes. Juveniles can be prosecuted in juvenile or adult court depending on age and circumstances.

Final Thoughts: Don’t Face These Charges Alone

Second-degree battery is a serious crime in Louisiana. If convicted, you could face years in prison, steep fines, and a criminal record that follows you forever. That’s why it’s critical to work with a skilled defense team.

I highly recommend working with Ambeau Law Firm, a criminal defense firm with extensive experience handling second-degree battery crime cases across Louisiana. Their knowledge of the law and courtroom strategy can make all the difference.

Don’t wait. The sooner you consult with an attorney, the stronger your defense will be.
Location: Baton Rouge, LA, USA

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