What is the charge for domestic abuse battery? 1 Answers as of April 11, 2011

My daughter's live in boyfriend was cussing and belittling her while they were walking down Bourbon Street. He jumped in her face and she was afraid he was going to hit her. She placed both hands on his chest and pushed him away. A cop was behind them and saw what was happening. He jumped between them and the boyfriend hit the cop. He was arrested for public drunkeness and battery of a police officer. My daughter was asked to go to the station with the officer so all paperwork could be completed. When she got there the boyfriend was mad and asked why she wasn't being arrested. He stated he never touched her and she laid her hands on him. Not the first arresting officer but another officer questioned her and she stated that she pushed him back because she was afraid he was going to hit her. She was then arrested for domestic abuse battery because she laid her hands on him. The boyfriend is a convicted felon. What type of sentencing will he get? His father bonded him out but my daughter's bond has not been set due to her booking being later than the boyfriend's. What type of sentencing will she get? She only weighs 85 pounds and was not drunk. She was only trying to defend herself. I believe that the officer who jumped between them thought she was in the wrong - would have arrested her on the spot. Thanks for your help.

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It is impossible to say with certainty exactly what sort of sentencing your daughter or her boyfriend will receive because it depends upon the exact charges against them, whether those charges are accepted by the court and a judge's ruling.

As a general rule, however, the penalties your daughter would face if convicted of first offense domestic abuse battery are as follows: -Fines of $300-$1000 -Jail time from 10 days to 6 months These are the penalties that result if the judge decides not to suspend the sentence. If this is your daughter's first offense then there is reason to believe that it would be possible for the judge and district attorney to agree to suspend and/or reduce the sentence in return for community service, probation, or anger management counseling or a combination of all three in which case it would be possible for her to avoid jail time altogether.

That being said, every case is different and the possibility also exists that the charges against her could be dropped entirely. Her best option is to hire the services of an experienced criminal defense attorney who will be able to work with her to determine the best defense for her particular case. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answer Applies to: Louisiana
Replied: 4/11/2011
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