If you’re facing domestic violence charges in Louisiana, we know how difficult and emotionally draining this time can be. At Crescent City Law, our team of domestic violence attorneys, led by John Radziewicz, understand the gravity of these charges and are here to provide the legal support you need. With years of experience and proven results in defending clients, our criminal defense advocates are committed to protecting your rights and ensuring you receive fair treatment in the legal process.
In this blog, we’ll cover the best defenses available to those facing domestic violence charges in Louisiana. We’ll break things down in a way that’s easy to understand and highlight how having skilled legal representation can make a significant difference in the outcome of your case.
What Is Domestic Violence in Louisiana?
Under Louisiana Revised Statutes (R.S. § 14:35.3), domestic violence in Louisiana includes any form of abuse, whether physical, emotional, or threatening, directed at a family or household member. This can involve:
- Spouses or ex-spouses
- Dating partners
- Parents
- Family members living together
Louisiana law treats domestic violence seriously, and penalties can range from fines and mandatory counseling to jail time, depending on the circumstances. If you’re facing these charges, understanding your legal options is crucial to protecting your future.
Common Defenses to Domestic Violence Charges in Louisiana
If you’re facing domestic violence charges in Louisiana, there are several defenses that might apply depending on the circumstances. Here’s a simplified breakdown of some common defenses:
1. Self-Defense
If you acted to protect yourself from harm, you may be able to use self-defense as a defense. Louisiana law allows individuals to use reasonable force if they believe they are in immediate danger. The force used must be proportionate to the threat.
2. False Allegations
Sometimes, accusations of domestic violence can be based on misunderstandings or false claims. This might happen for various reasons, such as personal issues or attempts to gain an advantage in family matters. If the allegations are not true, it’s important to show why the claims are false.
3. Lack of Evidence
To secure a conviction, the prosecution must prove the case beyond a reasonable doubt. If there’s not enough evidence, such as physical proof of harm or reliable witness statements, the case may not hold up. In this situation, it could be possible to have the charges reduced or dismissed.
4. Mutual Combat or Provocation
In some cases, both parties may have been involved in the altercation. If both individuals were fighting or if one person was provoked into the situation, it could be argued that the violence was mutual, which may reduce the severity of the charges.
5. Mistaken Identity
Mistaken identity happens when the wrong person is accused. If you can show that you weren’t involved in the incident, such as through alibis or evidence that proves you were somewhere else, the charges may be dropped.
6. No Intent to Harm
If the harm caused during the incident was unintentional or accidental, it could be used as a defense. For example, if an injury occurred during an argument without the intention to cause harm, it may be possible to reduce or dismiss the charges.
These are just a few of the defenses that might apply to domestic violence charges in Louisiana. Every case is unique, and an experienced attorney can guide you and determine the best approach for your situation.
7. The Victim is Not your Family Member or Household Member
For a prosecutor to successfully prove a domestic violence case, they must establish that the alleged victim is your family member or household member.
Under Louisiana law, this includes:
- Current or former spouses
- Parents and children
- Individuals who live together or previously lived together in an intimate or sexual relationship
However, casual relationships or individuals who do not live with you do not meet this legal requirement for a domestic violence charge. If the alleged victim does not fall under these categories, the case may not meet the definition of domestic violence under Louisiana law.
How an Attorney Can Help Your Domestic Violence Case
An experienced attorney plays a vital role in helping you through a domestic violence case in Louisiana. Here’s how we can help:
- Investigate the case: We will look into the details surrounding your case, review evidence, and investigate the allegations to uncover weaknesses in the prosecution’s argument.
- Negotiate on your behalf: Whether it’s negotiating a plea deal or seeking reduced charges, we will advocate for your best interests.
- Represent you in court: If your case goes to trial, we’ll present a strong defense and fight for the best possible outcome.
At Crescent City Law, we work tirelessly to ensure your rights are protected and your case is handled with the attention it deserves.
Contact Our Louisiana Domestic Violence Lawyer at Crescent City Law Today
If you’re facing domestic violence charges in New Orleans or anywhere in Louisiana, it’s important to understand the defenses available to you. Whether it’s proving self-defense, disproving false allegations, or showing a lack of evidence, there are multiple strategies that can work in your favor.
We understand how these cases unfold in Louisiana’s courts and will provide clear, practical advice every step of the way. With our experience defending clients against domestic violence charges, we’re ready to fight for the best possible outcome for you.
Contact us today at 504-264-9492 to schedule your initial consultation.
