Domestic Abuse battery is treated harshly in St. Tammany Parish. Generally speaking, if the police are called out for a domestic dispute, someone is going to jail. If you are arrested, bail or bond may not be set automatically. Instead, a "Gwen's Law Hearing" may take place. Under La.Cr.C. art. 313, a Gwen's Law hearing does not have to take place for five days. Meaning you could be incarcerated for five days without a bond hearing taking place. You will need a skilled attorney to assist you in getting bail set as soon as possible.
Once you are able to make bond, your troubles are not over. Domestic Abuse Battery is defined by La. R.S. 14:35.3. A first offense Domestic Abuse Battery is a misdemeanor. A conviction for Domestic Abuse Battery is not expungable and any conviction may affect employment opportunities. In addition, a Domestic Abuse Battery may preclude your ability to purchase a firearm. Thus, you will need an attorney to help you and prevent a Domestic Abuse Battery conviction.
A Domestic Abuse Battery conviction is also enhanceable. A third conviction for Domestic Abuse Battery is a felony punishable for not less than one year to not more than five years in jail. The first year in jail is mandatory without benefit of probation, parole, or suspension of sentence. In addition, certain types of Domestic Abuse Batteries are considered felonies. For instance, a domestic abuse battery committed in the presence of a child the age thirteen or under is considered a felony. If there are allegations of strangulation, you could also be charged with a felony. If this applies to you, a skilled attorney is required to help you navigate the pitfalls of the legal system.
Call me now for a free consultation and I will provide an honest assessment of your case.