Domestic Abuse Battery
January 17th, 2023
What is Domestic Abuse Battery?
Domestic abuse battery is a battery committed by a family member upon another family member. A family member is any spouse, former spouse, parent, children, stepchildren, foster kids, any person living in residence, or any child, regardless of where the child resides.
Can you possess a firearm if convicted of Domestic Abuse Battery?
No. Domestic abuse battery is a misdemeanor; however, it is a misdemeanor with heightened punishment. Most people assume because the conviction is a misdemeanor, it will not impact their gun rights. Unfortunately, that is not the case. Federal law prohibits possession of a firearm by anyone convicted of a domestic abuse battery. In addition, state law will also limit your rights pursuant to a guilty plea or conviction.
What about other forms of domestic abuse battery?
Not all forms of domestic abuse battery are misdemeanors. I have clients who come into my office after or during the court proceeding and assume this is a misdemeanor we are defending. For example, if the alleged domestic abuse includes strangulation, that is a felony with a sentence of up to three years. The penalty is up to three years if the alleged victim is pregnant; when there is an allegation of burning, the range is five to 15 years without the benefit of probation, parole, or suspension of sentence. The penalties are dramatically increased if a dangerous weapon is involved or serious bodily injury occurs.
Keep in mind the laws and interpretations are continually changing. The above references laws in effect as of 2023. As rulings come down from different courts and jurisdictions, these rules are apt to change.
If you or someone you know has been arrested, or has a question about a domestic abuse battery charge and how to defend these cases, do not hesitate to contact the law office of Larrion L. Hillman at 318-549-9810. This blog is not intended as legal advice, nor does it form an attorney-client relationship. Larrion Hillman practices criminal defense in Caddo Parish, Webster Parish, Bossier Parish, Shreveport, and Bossier City, Louisiana. And remember, keep calm and let Hillman handle it.