Big River Trial Attorneys

May 2022

Criminal Defense

Sentences for Domestic Violence Charges in Louisiana

Contact Us Sentences For Domestic Violence Charges In Louisiana If you’ve been arrested on a domestic violence charge, you should know what type of sentence you are looking at and what your options are. You also probably have questions about how to prepare the best defense. Having a lawyer on your side can help you face the charge and protect your rights. One of the unfortunate side effects of the stay-at-home measures imposed during the Covid-19 pandemic was an increase in the number of arrests for domestic abuse battery. Louisiana is not alone in the increase as places all over the world have seen a rise in domestic violence complaints. While there is no excuse for domestic violence, and no reason anyone should be physically, sexually, or emotionally abusing anyone in his or her household, if you or a loved have been accused of domestic abuse battery there are some things you should know about the charges and possible penalties. Definition Of Domestic Abuse Battery Louisiana law defines domestic abuse battery as the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member. The term “family member” means a spouse, former spouse, parent, child, stepparent, stepchild, foster parent, and foster child. A “household member” is defined as any person presently or formerly living in the same residence with the offender and who is involved or has been involved in a sexual or intimate relationship with the offender, 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. There is a similar offense in Louisiana for battery of a dating partner that includes any person who is involved or has been involved in a sexual or intimate relationship with the offender, regardless of whether the person presently lives or formerly lived in the same residence with the offender. Possible Sentences For A Domestic Violence Conviction Sentences for a domestic violence conviction in Louisiana can include fines, jail time, probation, court-ordered classes, and community service and can have other lasting effects such as restrictions on the right own a firearm. In Louisiana domestic abuse can be a felony or misdemeanor depending on the circumstances involved in the abuse and whether the defendant has prior convictions for the same charge. A first conviction for domestic abuse battery carries a fine of $300 – $1,000 and imprisonment of 30-days to six months. A second conviction carries a fine of $750 – $1,000 and jail time of 60-days to one year. Most of the jail time can be probated under conditions requiring court-approved classes and community service. While a first and second offense are classified as misdemeanors, domestic abuse battery is an enhanceable offense in Louisiana meaning that multiple convictions can result in felony charges with more severe penalties. For example, a third conviction carries a sentence of one to five years with a mandatory minimum of one year. There are circumstances in which a first offense can be considered a felony such as if the victim was pregnant, there were children under 13 present, or the abuse involved burning or strangulation. Domestic abuse aggravated assault is always a felony and carries sentences ranging from one to five years of jail time. Domestic abuse battery charges can have other long-term consequences. Federal law prohibits anyone convicted of misdemeanor domestic abuse violence from possessing a firearm. Louisiana State law prohibits possession of a firearm after conviction of certain grades of domestic abuse battery. Domestic abuse battery convictions are also often used by one spouse against another in divorce or custody proceedings. Domestic violence charges can also have severe immigration consequences such as making someone deportable from or inadmissible to the United States. Defending Against Domestic Abuse Charges Domestic abuse battery is a serious charge in Louisiana. If you or a loved one have been accused of domestic abuse battery, you should speak with an experienced Louisiana criminal defense attorney about your options and possible defenses. At Big River Trial Attorneys we’ve handled numerous cases involving domestic violence. We’ve seen many cases that involved self-defense, false accusations, or simply misunderstandings between what actually happened and what the police officer put in the report. If you would like to schedule a consultation with one of our attorneys in Baton Rouge call (225) 963-9638.

Personal Injury

How Lockout/Tagout Prevents Industrial Accidents

How Lockout/Tagout Prevents Industrial Accidents Safety in a workplace is one of the main concerns of every company and worker. Workplace safety for routine and non-routine activities is so important that regulations are in place to ensure that safety procedures, training, and compliance are followed. For non-routine activities, lockout/tag-out procedures are in place to prevent certain unnecessary mishaps in the workplace. What Is Lock Out / Tag Out? Lockout/tag-out, otherwise known as LOTO, refers to procedures and practices put in place to safeguard workers from hazardous energy releases. The Occupational Safety and Health Administration (OSHA) has a standard for The Control of Hazardous Energy. This standard is stated in the 29 CFR 1910.147, where it lays the general industry measures for controlling different types of hazardous energy and its sources. This standard is also known as the lockout/tag-out procedure, and it establishes the employers’ responsibility in protecting workers from hazardous energy. Aside from implementing the six basic LOTO procedures discussed below, employers are also required to train workers to ensure that they are aware, understand, and able to follow the LOTO procedures. What Is Hazardous Energy? Hazardous energy refers to energy such as electrical, mechanical, hydraulic, pneumatic, chemical, thermal, or other sources in machines and equipment that are hazardous to exposed workers. Exposure of this energy to workers during operation, service, or maintenance can result in serious injuries or death. What Are The Harmful Effects Of Hazardous Energy On Those Exposed? Workers responsible for the operation, service, or maintenance of machines or equipment that are considered sources of hazardous energy can be subject to severe injuries or be killed if such power is not adequately controlled. The dangers can also come from other equipment in the area that is not the equipment actually being worked on. Some of the harmful effects of hazardous energy may include, but are not limited to the following: Electrocution Burns Crushing Cuts Poisoning Lacerations Chemical exposure Amputation Body part fractures What Are The 6 Basic Proper Lockout/Tagout (LOTO) Procedures? There are six primary proper lockout/tag-out (LOTO) steps or procedures in handling hazardous energy under OSHA standards: Preparation The first step of locking and tagging out the equipment or machine that is identified as the source of hazardous energy for service and maintenance is to prepare. Here, an authorized employee would investigate and completely understand all types of hazardous energy that might be controlled. This means they would be identifying the specific hazards to plan how to manage that hazardous energy. Shutdown The second step is shutdown. After the hazardous energy has been identified and planned on how to handle the issue, the actual process of powering down and locking out machines containing the hazardous energy is shut down for servicing or maintenance. During this step, any employee affected by the shutdown of the machines is informed of the LOTO procedure. This step is effective even if they are not part of the service or maintenance. Isolation The third step is isolation. This step is when the machine or equipment from any hazardous energy source is isolated. This may include turning off the power at the breaker or shutting down a valve to ensure that energy is cut off from the machine. Lock Out/ Tag Out The fourth step is the actual lockout/tag out of hazardous energy sources. This procedure is composed of the authorized employee attaching the lockout or tag-out device to each machine or equipment source of the hazardous energy. This step aims to apply the lockout device on the energy-isolating device to secure the machine or equipment in a “safe” position where it cannot be moved to a dangerous position by anybody except the authorized employee performing the lockout. During this procedure, each of the machines or equipment is tagged, thus called a “tag out.” This tag includes the name of the authorized employee who performed the lockout and any additional information identifying the risks or procedures down on the source of hazardous energy. Stored Energy Check The fifth step is called stored energy check. During this process, the authorized employee is looking for any residual or stored hazardous energy in the machine or equipment even though it has been locked out or is disconnected. If such hazardous energy is still a threat, the said energy must be relieved, disconnected, restrained, or neutralized before the maintenance of the machine or equipment. Isolation Verification This last step is all isolation verification. At this stage, the authorized employee is safe to work on the machine or equipment. They then verify once the device has been properly isolated and neutralized, it no longer poses a threat to other workers. Lock Out/Tag Out programs are centered on controlling hazardous energy and its sources. It is also not limited to an electricity source but involves any power that can cause severe injury or death to anybody exposed to it. Such energy includes air, heat, water, chemicals, and hydraulics. Compliance with these procedures is essential in ensuring workplace safety, and any violation of these steps can have catastrophic effects. Thus, all workplace employees and management need to be vigilant and committed to the LOTO implementation. If you or a loved one has incurred a workplace safety injury, especially involving hazardous materials, you need a knowledgeable and caring lawyer on your side. Our highly experienced injury lawyers are here to guide and help you in your case. Please call us at (225) 963-9638,or you can click here to contact us for a consultation. Our dependable personal injury lawyers can help you assess your situation, discuss your claim, and answer any concerns you may have regarding a potential lawsuit.

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