Gaynell Williams Law offers blogs and articles related to criminal defense laws in New Orleans, Louisiana.

What is the Difference Between an Assault and a Battery in Louisiana?

What is the Difference Between an Assault and a Battery in Louisiana?

What are Assault and Battery? How do they differ?

A battery is defined as the harmful or offensive touching that a person does not want to occur. An assault is defined as the intent to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery. A battery is distinguished from an assault in that a battery generally involves touching while an assault does not. Battery and assault are related because they usually occur at the same time.

A criminal battery would also include acts that cause a substance or an object to touch another. Some examples of battery would be directing an animal, like a dog to attack another, thereby causing the animal to attack, and spitting on another. Other examples of battery include touching another person in anger or in a rude manner, throwing a bottle or an object at another person, striking him, or hitting a person with your fists or an object. The proceeding examples, while not exhaustive, illustrate the nature of a battery where one intentionally uses force or violence against another.

Some Assault and Battery offenses are listed below.

Battery Offenses

Simple Battery

Aggravated Battery

Aggravated Second Degree Battery

Second Degree Battery

Battery of a Police Officer

Battery of a School Teacher

Battery of a Correctional Facility Employee

Battery of the Infirm

Disarming of a Peace Officer

Assault Offenses

Aggravated Assault

Aggravated Assault with a Firearm

Aggravated Assault on a Peace Officer

Unlawful Use of a Laser on a Police Officer

Simple Assault

Assault with a Motor Vehicle

Assault of a School Teacher

If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive criminal and personal injury lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.

This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018 Gaynell Williams LLC Attorney at Law. Published November 1, 2018.

By |2018-11-01T10:47:34+00:00November 1st, 2018|Criminal Defense Laws New Orleans Louisiana|Comments Off on What is the Difference Between an Assault and a Battery in Louisiana?

Chicago Police Officer Found Guilty of Second Degree Murder and Aggravated Battery In 2014 Shooting  of Laquan McDonald

Chicago Police Officer Found Guilty of Second Degree Murder In 2014 Shooting  of Laquan McDonald

What happened today?

Chicago police officer Jason Van Dyke was found guilty today (Friday, October 5, 2018) of  second degree murder as well as 16 counts of aggravated battery with a firearm, one count for each time he shot the Laquan McDonald.

The Charges Against the Officer

Though Officer Van Dyke was originally charged with first -degree murder, the jurors found him guilty of second degree murder, a less serious crime. Officer Van Dyke was the first Chicago police officer to be charged with first degree murder since the 1980s.

The Facts

We know that almost four years ago, on October 20, 2017, Laquan McDonald  was killed by Officer Jason Van Dyke as McDonald was behaving erratically while walking down a Chicago street holding a folding knife with a three-inch blade. Police initially stated that the shooting was justified but, a year later, dash cam video showed that Laquan McDonald was walking away from police when he was shot. McDonald’s family reached a settlement with the city. For more information, see https://www.cnn.com/2018/10/05/us/jason-van-dyke-laquan-mcdonald-verdict/index.html or https://www.foxnews.com/us/jason-van-dyke-trial-chicago-cop-found-guilty-of-second-degree-murder-of-laquan-mcdonald .

If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive criminal and personal injury lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.

 

This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018 Gaynell Williams LLC Attorney at Law. Published October 5, 2018.

 

 

By |2018-10-05T15:34:34+00:00October 5th, 2018|Criminal Defense Laws New Orleans Louisiana|Comments Off on Chicago Police Officer Found Guilty of Second Degree Murder and Aggravated Battery In 2014 Shooting  of Laquan McDonald

Why the Suspect in the Trader Joe’s Shooting In California Could Not Be Guilty Of Murder In Louisiana?

What happened?

On Saturday, July 21, 2018, a Los Angeles Police Department (LAPD) officer fired the bullet that struck and killed a Trader Joe’s employee when LAPD officers exchanged gunfire with a suspect in an attempted murder case. The officer who killed the Trader Joe’s employee was chasing the suspect who was suspected of shooting his grandmother hours earlier in the day and had led officers on a high speed chase in the Hollywood area. After the suspect crashed his car into a utility pole next to the Trader Joe’s store, he fired at police and ran into the store. The officers who were pursuing the suspect returned fire. One of the officers’ bullets struck the Trader Joe’s employee, killing her. After the suspect ran into the market, he shot several more times at police from inside Trader Joe’s and took several customers hostage.

The Charges Against the Suspect

The suspect faces several charges including murder, kidnapping, fleeing a pursing peace officer’s vehicle, grand theft, premeditated attempted murder, attempted murder of a peace officer, assault on a peace officer with a semiautomatic firearm, and false imprisonment of a hostage. Of particular note is that fact that the suspect was charged with the murder of the Trader Joe’s employee although he did not fire the bullet that ended up killing the employee. The suspect was apparently arrested in part with the felony murder of the Trader Joe’s employee. Felony murder is a death caused by a defendant committing or attempting to commit a limited number of inherently dangerous felonies. The dangerous felonies include the litany of felonies listed above.

Why the Suspect Could Not Be Found Guilty of Murder in Louisiana

If the event occurred in Louisiana, although the suspect could be convicted of statutory crimes similar to those in California, the suspect could not be convicted of murder in Louisiana. That is because in Louisiana, felony murder is committed only when the defendant or one of his accomplices is the shooter. The defendant is not responsible for a murder in Louisiana when a person in an encounter is killed by a police officer. Stated differently, a felony murder is only committed in Louisiana when the offender is engaged in the perpetration or attempted perpetration of a  felony such as aggravated kidnapping, second degree kidnapping, aggravated escape, aggravated arson, aggravated or first degree rape, forcible or second degree rape, aggravated burglary, armed robbery, assault by drive-by shooting, first degree robbery, second degree robbery, simple robbery, terrorism, cruelty to juveniles, or second degree cruelty to juveniles.

Because Louisiana has adopted the agency theory, which states that felony murder does not extend those deaths resulting from the commission of an enumerated felony if not committed by the defendant or one of his accomplices, the suspect could not be guilty of murder in Louisiana. Some states, however, have adopted the proximate cause theory in felony murder cases. Under the proximate cause theory, a defendant is liable for “any death proximately resulting from the unlawful activity—notwithstanding the fact that the killing was by a police officer or other person who was resisting the crime. The proximate cause theory also requires that the death be a foreseeable consequence of the felony. Of course, death of an innocent bystander is a foreseeable consequence of a shootout with the police, a high speed chase, kidnappings, and attempted murder of police officers.

If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive criminal and personal injury lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.

 

This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018 Gaynell Williams LLC Attorney at Law. Published July 25, 2018.

By |2018-08-02T04:00:08+00:00July 25th, 2018|Criminal Defense Laws New Orleans Louisiana, Uncategorized|Comments Off on Why the Suspect in the Trader Joe’s Shooting In California Could Not Be Guilty Of Murder In Louisiana?