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Louisiana Aggravated Battery
LA R.S. 14:34

Aggravated battery is a battery committed with a dangerous weapon.

Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.

Some brief notes about Louisiana's Aggravated Battery Law:

There are three elements which have received varying emphasis in the conglomeration of Louisiana's assault and battery statutes

  1. the type of weapon used;

  2. the seriousness of the injury inflicted; and

  3. the specific intent with which the act was done.

An assault or battery with intent to commit a specific crime contains all the elements of and necessarily includes an attempt to commit that crime.  The only distinction between an assault, or battery, with specific intent and an attempt is that an offender may be guilty of an attempt where his overt act falls short of constituting a battery, or is even so remote as not to constitute an assault.

 

Provided as a courtesy of Babcock Law Firm, LLC

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