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The Law Firm of Jerome W. Matthews, Jr., LLC

Serving the Greater New Orleans Area


§37.7. Domestic abuse aggravated assault
            A. Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member or family member upon another household member or family member.
            B. For purposes of this Section:
            (1) "Family member" means spouses, former spouses, parents, children, stepparents, stepchildren, foster parents, and foster children.
            (2) "Household member" means any person of the opposite sex presently or formerly living in the same residence with the offender as a spouse, whether married or not, or any child presently or formerly living in the same residence with the offender, or any child of the offender regardless of where the child resides.
            C. Whoever commits the crime of domestic abuse aggravated assault shall be imprisoned at hard labor for not less than one year nor more than five years and fined not more than five thousand dollars.
            D. This Subsection shall be cited as the "Domestic Abuse Aggravated Assault Child Endangerment Law". When the state proves, in addition to the elements of the crime as set forth in Subsection A of this Section, that a minor child thirteen years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence imposed by the court shall be two years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
            Acts 2012, No. 535, §1, eff. June 5, 2012; Acts 2015, No. 440, §1.



When should you hire a criminal defense attorney?

Anyone who has been arrested or charged with committing a crime will undoubtedly need the help of a New Orleans Criminal Defense Attorney. Many individuals facing criminal charges delay finding a qualified attorney until there is no other option, which can be a big mistake. There are undoubtedly many important things happening at once when charges are made that must be handled; however, the first thing that should be done is to find legal counsel. Most criminal defense attorneys would stress that the outcome of the case may very well depend on early attorney representation.

Researching and finding a good New Orleans Criminal Defense Lawyer as early in the process as possible is recommended when someone has been arrested and is facing possible criminal charges. This is especially true immediately after being arrested but before formal charges have been filed as many times attorneys can negotiate a dismissal before any charges are actually made. The key to taking advantage of such an opportune time is getting legal representation immediately after the arrest.

If charges have been made, it is still vital to find legal representation right away to improve having a more positive outcome. Any negotiating prior to authorization of charges, plea bargaining, or other discussion about dropping or lessening charges is more likely to happen in the early stages of a case rather than after charges have been finalized. A criminal defense attorney will know if there may be bargaining room with the prosecutor after hearing an account of the arrest as well as know how to proceed from that point.

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