Lafayette Battery Lawyer
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Dedicated Battery Attorney in Lafayette, LA
Facing battery charges can result in serious long- and short-term consequences. Depending on the specifics of your situation, you could be facing jail time, fines, probation, protective orders, and a permanent criminal record. Speak with a Lafayette battery lawyer today to find out more about your legal rights and options regarding the allegations and charges you are facing.
Get to Know Stockstill Defense Firm
Stockstill Defense Firm handles cases for people accused of crimes all over Lafayette and the Acadiana area. Attorney Kevin Stockstill offers personalized representation to defendants charged with misdemeanor and felony crimes in state and federal court.
The Lafayette criminal defense lawyers at Stockstill Defense Firm prioritize walking clients through the criminal justice system, meticulously examining the details of their situation, and maintaining open communication from start to finish. In Lafayette Parish, battery cases usually go through the 15th Judicial District Court’s Felony Division, located at the Lafayette Parish Courthouse, 800 South Buchanan Street.
What Is Battery?
Battery is the intentional use of force or violence upon another person. Battery does not require that the force caused serious injury; however, it most often requires actual physical contact.
Battery should not be confused with assault, which may involve mere threats of force or violence. Battery can occur in virtually any situation that involves human contact. Some common situations that lead to criminal charges include:
Bar fights
Disagreements with neighbors
Arguments at work
Disagreements at sporting events
Since each situation is fact-specific, investigators may look at interviews from witnesses, physical evidence, video footage, and medical records to help decide whether to file charges.
According to NeighborhoodScout, Lafayette saw 1,295 violent crimes in a given year. This was a crime rate of 10.59 per 1,000 residents. Residents of Lafayette have a 1 in 94 chance of being a victim of a violent crime.
Types of Battery Cases
Depending on the facts of the situation, battery charges may be filed as misdemeanors or felonies. Both the level of force used and the victim of the alleged offense can play a part in the filing decision. Examples of battery charges include:
Simple battery
Aggravated battery
Domestic battery
Battery against law enforcement or other protected classes
Battery charges can also include serious bodily injury or with a dangerous weapon. Each of these charges has its own unique penalties.
Understanding Battery Penalties
Like most crimes, battery charges can result in a number of potential consequences. Some potential penalties include:
Jail time
Prison sentence
Fines
Restitution
Probation
Mandatory counseling
When aggravating factors are present, such as the use of a dangerous weapon, prior criminal convictions, or severe injuries, the consequences become considerably more severe.
Battery convictions can also impact your:
Ability to own firearms
Obtain certain jobs
Retain professional licenses
Immigration status
Eligibility for educational programs
It is important to understand all of the potential consequences you are facing by speaking with a criminal defense attorney.
Evidence Commonly Used in Battery Cases
As in most criminal cases, the outcome of your battery charge may hinge on the credibility of the evidence against you. When accidents happen quickly, and witnesses offer conflicting accounts, it is common for the police to talk to several people before deciding whether to file charges.
Evidence that is used in battery cases can include:
Statements from eyewitnesses
Video from surveillance cameras or cell phones
Medical records and photographs
Recordings of 911 calls
Physical evidence
Statements from you and/or the alleged victim
Every piece of evidence needs to be evaluated based on its credibility and whether it may be allowed in court.
Hire a Battery Lawyer
Many who decide to hire a battery lawyer require help with:
Going over witness testimony
Reviewing video footage
Understanding forensic evidence
Finding holes in the prosecutor’s case
Protecting your constitutional rights during the investigation and trial
A Lafayette battery attorney can assist you with these issues and more, including evidentiary concerns, negotiating with the prosecutor when necessary, and preparing your case for trial.
FAQs
Can Someone Refuse to Testify in a Battery Case?
Whether or not someone can refuse to testify depends on the situation and whether a court has ordered them. If someone is subpoenaed to testify as a witness, they normally cannot just refuse to show up unless given an excuse by the court. Prosecutors can move forward with cases without a witness based on evidence such as photos, recordings, medical documentation, or responding officer testimony.
How Do Police Determine Who Was the Aggressor in a Battery Case?
Police determine who the aggressor was in a battery case by looking at several types of evidence before determining if an arrest should be made. This might involve:
Speaking with witnesses
Noting any injuries
Checking surveillance or cellphone footage
Examining the scene
Gathering statements from everyone present
Cases where there are conflicting stories can make identifying the primary aggressor more difficult and may need further investigation.
What If the Alleged Victim Wants the Charges Dropped?
If the alleged victim wants the charges dropped, it might not be possible to do so. In many criminal matters, the choice to proceed or drop charges is at the discretion of the prosecutor, not the victim.
Prosecutors take into account the wishes of the victim, but also consider the evidence that they have, the nature of the allegations, and a variety of other factors when determining how to proceed with a case.
Can a Battery Charge Be Reduced to a Different Offense?
A battery charge can be reduced to a different offense in certain circumstances. Prosecutors may agree to reduce or modify a criminal charge as part of a negotiation, depending on the details of the crime.
Whether they do this depends on the evidence available, criminal record, severity of the allegations, and other factors unique to the situation. The agreed-upon resolution typically must be accepted by the court.
Get Legal Help Today
It's usually wise to speak with an attorney early so that you have someone to help you understand the allegations and your options under the law. At Stockstill Defense Firm, we defend clients all over Lafayette and surrounding communities who are charged with battery and other crimes.
We offer guidance tailored to the specific facts of each case. At Stockstill Defense Firm, we understand battery laws and can help you understand how these laws can impact your case. Contact us today to learn more.
Schedule a Case Evaluation!
Your First Step Toward Building a Strong Defense.