Legal Question in Criminal Law in Louisiana

simple battery and disturbing the peace

What are the consequences of walking up to somebody and illegally spraying pepper spray in someones face? The charges are simple battery and disturbing the peace. I already have distubing the peace charge on my record from the past and took anger management. Do this mean there will be more fines or jail time?


Asked on 4/05/06, 10:35 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: simple battery and disturbing the peace

It is very possible that you could be incarcerated. It is up to the judge what your sentence will be if convicted. The maximum penalty for simple battery is 6 months in jail.

It is arguable that you could have been charged with aggravated battery (if the prosecutor and the Court concluded that pepper spray is a dangerous weapon) which is a felony. Consider yourself lucky.

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Answered on 4/05/06, 11:13 pm


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