Lake Charles Domestic Violence Defense Attorney

Common Domestic Violence Crimes & Penalties

According to Louisiana’s domestic violence laws, there is a wide range of crimes that can lead to a domestic violence conviction. Qualifying crimes entail varying penalties to accommodate variances in the severity of the offense. 

Domestic Abuse Battery

State law defines domestic abuse battery as “the intentional use of force or violence” committed by one household member against another (such as a spouse, former spouse, parent, child, stepparent, or significant other that lives in the home). 

Domestic abuse battery charges can be a felony or a misdemeanor, depending on the crime and any aggravating circumstances (such as multiple offenses or an additional criminal charge). 

Domestic Abuse Aggravated Assault

Under Louisiana Revised Statutes §37.7, domestic abuse aggravated assault entails a violent assault in which one household member uses a dangerous weapon against another household member. 

Penalties include:

• A $5,000 fine
• Up to 5 years in prison with hard labor

Stalking

Stalking involves one household member following, harassing, or engaging in spoken, written, or implied physical threats against another household member. “Stalking” is generally defined as a pattern of behavior (two or more acts) that would cause a reasonable person to fear for their safety or experience substantial emotional distress. 

Behaviors that classify as “stalking” include (but aren’t limited to):

• Excessive contact with a person
• Unwanted phone calls or texts
• Unwanted gifts
• Harassing someone on social media
• Showing up uninvited
• Monitoring and surveillance
• Property damage
• Making threats 

Penalties for stalking vary based on the number of offenses incurred. Below are the consequences of a first or subsequent offense:

• A first offense is punishable by a $500-$1,000 fine, up to 1 year in prison, and a court-mandated psychiatric evaluation. 
• A second offense committed within 7 years of a prior offense is punishable by a $5,000 fine and 5-20 years in prison without the benefit of parole, probation, or suspension of sentence.
• A third or subsequent offense is punishable by a $5,000 fine and up to 40 years in prison. 

Conditions that warrant an enhanced sentence include: 

• Stalking a minor under the age of 18 is punishable by a $2,000 fine and up to 3 years in prison. 
• Putting a victim in danger of bodily harm or death is punishable by a $1,000 fine and 3-5 years in prison without the benefit of parole, probation, or suspension of sentence. 
• Violating a protective order is punishable by a $5,000 fine and a minimum prison sentence of 90 days (up to 2 years). 

Rape

Rape is defined as “unlawful penetration, no matter how slight, of the vagina or anus with a body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” 

Rape offenses are classified as one of three degrees, with first-degree rape being the most severe and third-degree rape being the least severe: 

• First-degree rape is committed upon a person aged 65 or older or a person aged 13 or younger. It entails sexual intercourse without lawful consent from the victim and is punishable by life in prison without the benefit of parole, probation, or suspension of sentence. 
• Second-degree rape is committed upon a person who is incapable of resisting because 1) they were drugged, 2) are in an otherwise altered state of mind, and/or 3) they were threatened by the offender. Penalties include up to 40 years in prison at hard labor without the benefit of parole, probation, or suspension of sentence. 
• Third-degree rape is committed upon a person who is incapable of resisting because 1) the victim is intoxicated or in an otherwise altered state of mind that the offender knew or should have known about; 2) the victim is unable to understand what's happening; and/or 3) the offender concealed their identity and pretended to be a person to whom the victim would submit. Third-degree rape is punishable by up to 25 years in prison at hard labor without the benefit of parole, probation, or suspension of sentence. 

Legal Defenses Against Domestic Violence Charges

Louisiana law enforcement doesn’t take domestic violence offenses lightly. If you’ve been charged with a sex crime or you’re facing a domestic violence conviction, it’s absolutely critical to seek professional help from a qualified domestic violence defense attorney. 

A good lawyer can use their comprehensive legal knowledge to guide your steps and establish the best legal strategy to dismiss or reduce the criminal penalties you’re up against. It’s imperative to have the right legal team in your corner who can advocate on your behalf and defend your rights. 

Whether you were falsely accused of domestic violence or made an honest mistake, rest assured that there are various ways to defend your actions in court. Your attorney can evaluate the charges, evidence, police reports, and other relevant details to determine which legal strategy will be most effective for your case. 

Common strategies to defend against domestic violence charges include (but aren’t limited to):

• The defendant acted in self-defense or defense of others. If you commit an act of domestic violence in self-defense or to protect others, such as a friend or family member, this may be an effective strategy to defend your actions in court. 
• The defendant was falsely accused. If you didn’t commit the crime, you shouldn’t have to do time. If there is evidence to show that an alleged victim lied or falsely accused the defendant of domestic violence, this is grounds for the charges to be dismissed. 
• The defendant has an alibi. If you and your lawyer can prove that you weren’t in the proximity of the alleged victim when the crime occurred, this can be an excellent defense to clear your name and get the charges dropped. For example, if you were at a ballgame with your brother during an alleged act of domestic violence, a paystub and/or witness testimony can help prove your innocence to the court. 
• There isn’t enough evidence to result in a conviction. If an act of domestic violence can’t be proved beyond a reasonable doubt, it cannot result in a conviction. A defendant is always innocent until proven guilty. In some cases, the prosecution may lack sufficient evidence to prove that an alleged incident occurred. 
• The offense was committed by accident. In some cases, the charges can be reduced or even dismissed if you can prove that the alleged abuse was unintentional. Your lawyer can work together with you to collect sufficient evidence to show the judge that any bodily injury sustained from the alleged violence was the result of an accident, not an intentional act. 

What Proof is Needed for a Restraining Order in Louisiana?

To obtain a restraining order,  the following need to be demonstrated to the court: 

1. Documentation of Threats or Harassment

• Detailed descriptions of incidents in a journal or log can help establish a pattern.
• Copies of written threats, such as letters or notes.
• Evidence of unwanted or repeated contact, including phone calls or encounters.

2. Digital Evidence

• Emails or text messages containing threats, harassment, or abusive content.
• Screen captures of social media messages, comments, or posts where harassment or abuse is evident.
• Voicemails that capture abusive or threatening language.

3. Police Reports

If law enforcement has been involved, presenting police reports is essential. These documents show an unbiased, third-party record of incidents, which can be very persuasive to the court.

4. Medical Records

If abuse has resulted in physical harm, medical records, photographs of injuries, and doctor’s notes are strong evidence. These records firmly document the results of violence or abuse.

5. Witness Statements

Witnesses who observed the abuse or harassment can provide written declarations or testify during court hearings. These individuals could include neighbors, co-workers, friends, or family members who have seen incidents firsthand or noticed their effects.

6. Photos or Videos

Photographic evidence of injuries, property damage, or other signs of abuse can support your case. Video recordings, if obtained legally, can also show threatening behavior or violent incidents.

7. Evidence of Prior Behavior

Documenting prior abuse, threats, or harassment can establish a pattern of behavior. Previous restraining orders, police complaints, or criminal records of the accused can also be presented.

What Is Gwen’s Law?

Gwen’s Law was enacted in Louisiana in 2017. It was passed to offer better protection for victims of domestic violence by making it harder for arrested suspects to get out of jail on bail. 

The law was named after Gwen Salley, who filed a protective order against her husband in 2014. After Gwen’s husband was arrested for kidnapping and threatening to kill her at gunpoint, he was released from jail on a $50,000 bond. He then proceeded to abduct Gwen Salley and kill her. Gwen’s family took action after her murder to help protect other survivors of domestic violence whose lives are at stake when their abuser is permitted to leave jail on bail. 

Under Gwen’s Law, suspects arrested for a domestic violence offense must appear before a judge to have their bail set in court. Examples of qualifying offenses include (but aren’t limited to):

• Violating a protective order
• Domestic abuse
• Battery
• Stalking
• Other felonies involving a deadly weapon or force

Contact Our Lake Charles Domestic Violence Lawyers Today

If you’re up against criminal charges, it’s imperative to rely on a legal team that will keep your best interests at heart. When you partner with Sudduth & Associates, LLC, you’re partnering with dedicated criminal defense lawyers who will have your back from start to finish. 

Our domestic violence lawyers in Lake Charles take pride in delivering real results for our clients. We work hard to provide customized legal solutions by implementing a collaborative approach, cutting-edge technology, and extensive legal knowledge. Our team is fortunate to have the leadership of a former prosecutor who knows both sides of criminal law and can offer advantageous insights into the inner workings of our justice system. 

If you’ve been charged with a domestic violence offense in Lake Charles, it’s important to take immediate action to prevent life-altering consequences. To have a fighting chance in court, it’s crucial to partner with a skilled legal advocate who will align themselves with your personal goals and tirelessly defend your rights. 

A domestic violence conviction can ruin your life. If you've been charged with a DV offense, it's crucial to act now. Call (337) 282-9003 or contact us online to discuss your case with a Lake Charles domestic violence defense attorney.