Domestic Violence

Don't Gamble with Your Attorney

Lafayette Domestic Violence Lawyer

It’s an unfortunate reality that there are troubled relationships. It’s a tragedy when that trouble turns violent. But it is no less tragic when someone is falsely accused of a crime that is rightly seen as a scourge on our society. A Lafayette domestic violence lawyer is the one who must believe in their client, even if no one else will. The defendant’s freedom, reputation and relationship with extended family can be at stake in these cases and that defendant deserves a vigorous defense.


The Law Office of J. Bradley Cockrell has built a track record of success going back to 1993. We take on hard cases. We advocate for defendants and their rights. We’re proud to fight on behalf of the English, Spanish and French-speaking communities here in Lafayette. Call us today at (337) 448-4777 or fill out our online contact form to set up a consultation.


What Is Domestic Violence in Louisiana?

It may be helpful to step back and first consider what domestic violence actually is according to the law. Crimes like assault, battery, and other violent crimes are offenses regardless of who the victim is. What makes domestic violence is unique is the relationship the victim had with the defendant .

Louisiana law defines domestic violence as one where the victim was any of the following in relation to the defendant: 

  • A spouse
  • A former spouse
  • A family member
  •  Living under the same roof
  •  A romantic partner
  • A former romantic partner
  •  The child or stepchild of the defendant
  • A parent of the defendant
  • Any relative by blood or adoption
     

In any of these circumstances, prosecutors can make a domestic violence charge. This has implications in sentencing.

Penalties for Domestic Violence in Louisiana

The penalties for domestic violence will be impacted by the specific crime involved, but battery–the act of physically striking another person–is a common charge. 

Sentencing in Louisiana for domestic battery goes as follows: 

  • The first conviction means a minimum jail sentence of 30 days and potentially six months behind bars. There will also be a fine of at least $300 and perhaps as much as $1,000.
  • For a second conviction, the jail stretch can run anywhere from 60 days to a year and the fine will fall between $750 and $1,000 .
  • To this point, the offenses are still considered misdemeanors. On the third conviction, felony guidelines apply. A convicted defendant will face a mandatory minimum of 1 year in jail and could be imprisoned as long as 5 years.

Furthermore, domestic violence has provisions for enhanced sentencing depending on the circumstances. If a child 13 years old or younger was present during the crime, a misdemeanor can turn into a felony and the jail sentence can be up to 3 years. If the victim was a pregnant woman and the defendant knew of the pregnancy, a misdemeanor can be upgraded to a felony. Strangulation or burning takes misdemeanor domestic violence and enhances it into a felony. If the injuries suffered by the victim are deemed serious, a convicted defendant might spend 8 years behind bars.

Regardless of the sentence, defendants convicted of domestic violence lose their rights to possess firearms under both federal and state laws. Illegal possession of a firearm under these circumstances could result in a 20-year prison stretch.

All of which is to say the consequences are serious. But our Lafayette domestic violence attorney is here to find hope and a path forward. 


The Law Office of J. Bradley Cockrell understands the myriad of possible defense strategies that can be used, and we spare no effort in pursuing those strategies. Call today at (337) 448-4777 or contact us online to set up a consultation.


Defenses Against Domestic Violence
 

The burden of proof lies with the prosecution to show guilt, not the defendant to prove their innocence. All legal defenses can start right here.

Every domestic violence case will be different, but some possible scenarios include the following: 

  • The defendant was acting in self-defense
  • There was a misinterpretation of intent. This can be particularly useful in assault cases. Assault does not refer to the actual striking of a person, but to acting in a way that a reasonable person would feel threatened by. Were a defendant’s words or actions simply misconstrued?
  • The defendant was not at the scene of the crime when the alleged incident took place.
     

Those are just a few examples. Our experienced Lafayette domestic violence lawyer understands how to investigate a case, what questions to ask and what information to look for, in the interests of mounting a zealous defense on behalf of the client.

Understanding Your Rights and Options in LA

Facing domestic violence allegations can be overwhelming, but it's essential to know that you have rights and options available to you. At J. Bradley Cockrell Attorney At Law, we believe in empowering our clients through knowledge and support. Understanding the legal landscape can help you make informed decisions about your case.

Here are key aspects to consider:

  • Your Rights: Every individual has the right to a fair trial and legal representation. We will ensure that your voice is heard and that you receive the defense you deserve.
  • Protective Orders: If you are a victim of domestic violence, you may be eligible for protective orders that can help keep you safe. We can guide you through the process of obtaining these orders.
  • Resources for Victims: There are numerous local and state resources available to victims of domestic violence, including shelters, hotlines, and counseling services. We can connect you with these essential services.
  • Impact of a Conviction: Understanding the long-term implications of a domestic violence conviction is crucial. We will explain how it can affect your employment, housing, and personal relationships.

Don't navigate this challenging time alone. Our experienced attorneys are here to provide the guidance you need and advocate for your rights. 

Don’t Gamble On Your Attorney

The Law Office of J. Bradley Cockrell has been fighting for defendants since 1993. We know what we’re doing. Just as important, prosecutors know that we know what we’re doing. 


We won’t let our clients be rolled into a bad plea deal and that we are more than ready to stand in front of a jury and make our case. Call today at (337) 448-4777 or contact us online to set up a consultation.


 

wHY cHOOSE uS?


  • Nearly 30 Years of Experience
    Hiring an attorney is the biggest bet you can make when it comes to your case and it's important that you hire someone who has the experience to get the job done right.
  • Prepared to Go to Trial
    Having successfully handled countless cases in court, our attorney knows how to read the prosecution and call their bluff.
  • A Proven Track Record of Success
    We don't fold under pressure. We fight aggressively for our clients in order to achieve the best possible outcome. Our history of results proves that.
  • Straightforward Approach
    We don't sugarcoat things or beat around the bush. We tell our clients the truth about their situation and the solutions we can pursue with them.
Our Winning Streak Getting the Results OUR CLIENTS NEED
  • Drug Distribution

    Defendant was arrested and charged with Possession with Intent to Distribute Marijuana as well as Possession of Drug Paraphernalia.

  • DWI

    Defendant stopped at 3:00 am for red light violation and arrested for operating under the influence.

  • 2nd Degree Battery

    Defendant was charged with 2nd degree battery for attacking the complainant with a metal pipe at a construction site.

  • Attempted 2nd Degree Murder

    Defendant was accused of hiring someone to kill his ex-wife. Defendant’s ex-wife was shot by the individual that broke into her home.

  • OWI

    Defendant was charged with OWI after blood test results showed a .34 blood alcohol level.

  • Computer Aided Solicitation

    The defendant was charged with using his computer to entice a person under the age of 18 to engage in sexual conduct.

  • Possession With Intent to Distribute Cocaine

    Defendant was charged with possession with intent to distribute cocaine.

  • Indecent Behavior With a Juvenile

    Defendant was charged with indecent behavior with a juvenile when his girlfriend’s 8-year-old daughter made allegations against the defendant.

  • Indecent Behavior With a Juvenile

    Defendant was charged with indecent behavior with a juvenile when his girlfriend’s 8-year-old daughter made allegations against the defendant.

Common Questions Learn More About How
What to
  • What should I do if I’m arrested?

    The most important thing to know after an arrest is what not to do. An arrested person should not talk with the police. They should not make casual small-talk in an attempt to be friendly. They should not submit to questions about the alleged crime until their lawyer is present. That leads us to the first concrete action an arrested person should do, and it's to call their attorney.

    The U.S. criminal justice system offers arrested people and defendants a lot of rights, but those rights often have to be exercised. A person has the right to remain silent and has the right to a lawyer. They should use both. The Law Office of J. Bradley Cockrell can be reached at (337) 448-4777. Use the phone wisely.

  • Why do I need a lawyer if I’m innocent?

    The harsh reality is this–innocent people do end up being found guilty in courts. Innocent people can be subjected to pressures and say thing that end up being misinterpreted. Innocent people can certainly be subject to scare tactics from a prosecutor and plead guilty to a lesser crime they did not commit in exchange for the D.A. not pressing more serious charges.

    An experienced defense lawyer will know when the authorities have real evidence and when they are bluffing. An experienced attorney knows how to navigate an interrogation. Attorney J. Bradley Cockrell is just such an experienced attorney.

  • CAN CHARGES BE REDUCED?

    Charges can be reduced, although it typically happens through a process called plea bargaining. This is where the defendant is offered lesser charges in exchange for a guilty plea. As noted above, this is something that defendants are strongly advised to rely on an experienced attorney.

    The offer of a plea deal may be a tacit admission from a District Attorney that they don’t have enough evidence to get a conviction on anything. Or it might be a legitimate offer asking a defendant they believe they can convict for information that might lead to arresting a more dangerous and influential person. A plea offer may also be a reflection of a D.A. with a heavy caseload and looking to find ways to manage it.

    Experienced defense counsel can be invaluable in helping a defendant sort through the range of possible motives and evaluating whether a plea offer is best for them.

PUT THE ODDS IN YOUR FAVOR CHOOSE A SKILLED DEFENSE ATTORNEY WHO WILL FIGHT FOR YOU UNTIL THE END