Assault and battery charges are considered violent crimes. Convictions for these offenses can carry harsh criminal consequences and a negative social stigma.
Depending on the circumstances, assault and battery can be felony offenses. This is particularly true if a weapon is involved. You could face prison time, probation, and hefty fines. If the alleged victim of an assault or battery is a family member or significant other, you could face domestic violence charges.
Battery is the intentional use of force or violence upon the person of another. See La. R.S. 14:33. To be convicted of battery, the State must prove beyond a reasonable doubt that you used force or violence against another person without permission. See La. R.S. 14:35. This can include punching, kicking, pushing, scratching, biting, or any other form of violent physical contact.
Simple battery is a misdemeanor offense in Louisiana. If you are convicted of simple battery, then you may be fined for up to $1,000.00 and jailed for up to 6 months.
Aggravated battery is a battery committed with a dangerous weapon. See La. R.S. 14:34.
Aggravated battery is a felony offense in Louisiana. On your first offense, you may be fined up to $5,000.00, and sentenced to up to 10 years in prison. The prison sentence may be with or without hard labor. The punishment is higher if the State proves that you knew or should have known that the person who was battered was an active member or disabled veteran of the military and the battery was committed for that reason.
An assault is an attempt to commit a battery, or when you make someone fear that they are about to receive a battery. La. R.S. 14:36. If physical contact is made, then the offense is more properly considered a battery.
A simple assault is an assault committed without a dangerous weapon. La. R.S. 14:38. It is a misdemeanor offense in Louisiana. If convicted, you may be fined up to $200.00 and sentenced to up to 90 days in jail.
Aggravated assault is an assault committed with a dangerous weapon. See La. R.S. 14:37.
An aggravated assault is a misdemeanor offense in Louisiana. If convicted you may be fined up to $1,000.00 and jailed for up to 6 months.
Aggravated assault with a firearm is an assault committed with a firearm. See La. R.S. 14:37.4.
In Louisiana, aggravated assault with the firearm is a felony. If convicted, and it is your first felony offense, you may be assessed a fine of up to $10,000.00 and sentenced to up to 10 years in prison, with or without hard labor.
At the Law Office of Robert S. Toale in New Orleans, our assault defense lawyers apply proven experience to protect the liberties of those facing assault and battery charges. With more than 30 years of proven experience – plus valuable on-the-ground insights gained through trying hundreds of cases – our lawyers provide skilled and aggressive representation.
The firm’s founder, Robert S. Toale, is widely known and respected for his success in criminal defense. He has been interviewed and quoted by national news media. Mr. Toale has also handled high-profile cases involving intensive public scrutiny. He consistently follows through when the stakes are high.
When your freedom and future are in jeopardy, experience matters. Our attorneys have proven experience handling nearly every type of criminal case.
Assault and battery cases are rarely open-and-shut. Overzealous prosecutors sometimes overcharge these cases. Often, there is more to the story than it may seem to the prosecutors and law enforcement. You may have a strong self-defense claim if your actions were reasonably in response to a threat against your safety.
Our legal team can evaluate the circumstances of your case and analyze your legal options to formulate a strong defensive strategy.
Whether you are facing misdemeanor or felony charges of assault or battery, it is well worth the investment to hire a lawyer who will fight for your rights, liberties and future. Call 504-368-8440 to arrange a confidential consultation with our firm, or contact us online. Our phones are answered 24/7. Based in Gretna, we handle cases throughout New Orleans and Southern Louisiana.