Assault and its related offenses are commonly thought of as violent crimes. This is whether there is violence involved or not. A conviction like this on your record can haunt you for years to come.
Whether you’re facing charges of simple assault or aggravated battery, a local criminal defense attorney may be able to help.
Louisiana Assault Laws
Under Louisiana statutes, assault is defined as: An attempt to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery.
A general assault as defined above is referred to as a “simple assault” under Louisiana law and carries a potential sentence of up to 90 days in jail and fines reaching $200.
Ref: LA Code RS 14:38
This is a criminal offense that is defined as committing an assault (as defined above) with a dangerous weapon. In general aggravated assault carries a potential sentence of 6 months in jail and fines reaching up to $1,000.
However, if the aggravated assault is committed on a retail employee while you (the suspect) is engaged in a theft or attempted theft, you could face a mandatory minimum of 120 days and up to 6 months in jail, along with fines.
Ref: LA Code RS 14:37
Aggravated Assault With a Firearm
Aggravated assault with a firearm, though it sounds a lot like the general crime of “aggravated assault” as defined above, is actually committed by the discharge of a firearm. When an assault is paired with the discharge of a firearm, it could lead to this felony charge.
This offense carries up to 5 years in prison and fines reaching $5,000.
Ref: LA Code RS 14:37.4
Battery differs from assault in that it actually involves contact or force. Under Louisiana law, battery is defined as the “intentional use of force or violence” on someone else.
Simple battery is a misdemeanor offense and carries up to 6 months in jail and fines reaching $1,000.
Ref: LA Code RS 14:35
Aggravated battery is more serious than simple battery and is defined as a battery where a dangerous weapon is used. This is a felony offense that carries up to 10 years in prison and fines reaching $5,000.
Ref: LA Code RS 14:34
Second Degree Battery
Second degree battery is defined as committing a battery where intentional serious bodily injury is inflicted. This includes injury which features unconsciousness, extreme pain, disfigurement, loss or impairment, or substantial risk of death.
A felony offense, second degree battery is punishable by up to 5 years in prison and fines reaching $2,000.
Ref: LA Code RS 14:34.1
Aggravated Second Degree Battery
Aggravated second degree battery involves aggravated battery as defined above (inflicting serious injury) and the use of a dangerous weapon.
This is one of the most serious of violent crimes under Louisiana law and carries up to 15 years in prison and fines reaching $10,000.
Ref: LA Code RS 14:34.7
There are several additional assault and battery charges specific to the victim’s identity, if they are a police officer, medical worker, or even bus driver. The best way to know what sort of penalties you are up against is to consult with a criminal defense lawyer.