Like many other states, Louisiana treats “assault” and “battery” as related but legally distinct criminal offenses. Assault is an attempt to physically strike and harm someone or make them afraid of being harmed. Battery is the actual act of physically striking and harming someone else. In other words, you can technically be convicted of criminal assault without actually touching the person you allegedly assaulted.
This can make proactively contesting an assault accusation uniquely complicated in more ways than one, as any experienced criminal defense attorney could tell you. If you want a fair shot at getting the best possible outcome from your legal proceedings, you will almost certainly need support from an experienced New Orleans assault lawyer.
Understanding Simple Assault Charges Under State Law
Assault is defined as attempting to commit battery or making someone reasonably fear they are about to be the target of an act of battery. However, according to Louisiana Revised Statutes § 14:36, a “simple assault” is when the attacker does not use or possess a dangerous weapon. This offense is a misdemeanor, and the maximum penalties that may be imposed upon someone convicted are a 90-day jail term and a $200 fine.
Notably, someone who commits simple assault against certain kinds of individuals may be subject to a mandatory minimum jail term and fines upon conviction. For example, a simple assault of a healthcare worker is punishable by between 30 and 180 days in jail and a $1,000 fine. A simple assault of a school employee by a student carries the same amount of jail time and a $2,000 fine. A seasoned New Orleans assault attorney could discuss simple assault charges of a particular criminal case and what aggravating circumstances may affect the outcome during a private consultation.
What Counts as Aggravated Assault in New Orleans?
Someone who attempts or believably threatens to commit battery against someone using or possessing a dangerous weapon may face penalties of up to six months of jail time and a $1,000 fine upon conviction. In this context, a “dangerous weapon” is something expressly meant to cause physical harm—like brass knuckles or a club—or simply any object or substance that could be used in anger to cause serious or fatal bodily harm.
Aggravated assault with a firearm is a serious offense, categorized as a felony carrying a maximum 10-year prison term and a $5,000 fine upon conviction. Committing aggravated assault in the form of a “drive-by shooting” can carry a prison term of one to five years in length without the possibility of probation or a suspended sentence. A committed defense lawyer could assist with understanding the assault charges and determining the best defense.
Speak With a New Orleans Assault Attorney Today
Criminal assault is not usually prosecuted quite as harshly as battery—since the former generally does not result in physical harm. However, make no mistake: assault allegations are a serious matter that can have a dramatic effect on both your personal and professional life, especially if you are not proactive in asserting your rights.
A capable New Orleans assault lawyer with a track record of case success could help you throughout your legal proceedings. Call today to schedule a meeting.
