Assault is defined under Louisiana law as “an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.”
Simple assault is a misdemeanor with a punishment range of up to 90 days in jail and a $200 fine of up to $200. However, there are several different types of assault in Louisiana.
Aggravated assault is an assault committed with a dangerous weapon. The penalties for aggravated assault are up to six months in jail and a fine of up to $1,000. However, if the weapon was a firearm the penalties are up to ten years in jail and a fine of up to $10,000.
Battery is quite different from assault in Louisiana because it involves actual touching. Assault typically involves only the attempt to commit a battery or the threatening of a battery. Under Louisiana law battery is the “intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.” Simple battery carries penalties of up to six months in jail and a fine of up to $1,000.
Aggravated battery is a battery committed with a dangerous weapon. It carries penalties of up to ten years in jail and a fine of up to $5,000. Second degree battery requires the intentional infliction of serious bodily injury and carries up to eight years in jail along with a fine of up to $2,000.
There are different penalties for both assault and battery depending on the status of the victim. For example, if the victim was a schoolteacher, a police officer, or a dating partner, the possible punishments are enhanced.
As criminal defense law firm, we cannot make absolute guarantees, any more than a doctor can absolutely guarantee a cure. Our Baton Rouge assault & battery lawyers can, however, guarantee you aggressive, intelligent representation that takes advantage of our years of experience. We will take your case just as seriously as if we were being prosecuted instead of you.
No matter how hopeless things may seem right now, you never know when a break in the case might come – evidence against you may have been illegally seized, for example, or a key witness may be discredited or refuse to cooperate. Now is the time to take action and put an aggressive and experienced criminal defense attorney on your side.