Louisiana Aggravated Assault and Battery Laws

What Is Aggravated Assault in Louisiana?

A simple assault is a threat to physically injure another person with an apparent and present ability to do so or any intentional act that reasonably causes a person to fear imminent violence. Assault may also be an attempt to injure another person. One who swings to punch another person and misses has assaulted that person.

Assault makes a reasonable person fear for his or her safety, as the perpetrator presents a real threat of bodily harm. Using a dangerous weapon to threaten to hurt someone or to attempt to hurt someone is aggravated assault in Louisiana.

Any object may be considered a dangerous weapon so long as its purpose is to inflict serious harm. The law may regard a knife, baseball bat, or even a wine bottle as a weapon.

Aggravated assault is a misdemeanor offense in Louisiana. A conviction of aggravated assault may lead to:

• A fine of up to $1,000
• Imprisonment for up to 6 months
• Both a fine and imprisonment

What Are the Penalties for Assault with a Firearm in Louisiana?

Aggravated assault with a firearm is a felony offense in Louisiana, a conviction of which may lead to:

• A fine of no more than $10,000
• Imprisonment for no more than 10 years (with or without hard labor)
• Both a fine and imprisonment

The exact sentence one may face upon a conviction depends on the circumstances of the case, including the identity of the victim and whether the offender caused physical injury to the victim.

What Is Aggravated Battery in Louisiana?

When an assault is carried out, it becomes a battery. A battery is the intentional use of force or violence upon another’s person or the intentional administration of a poison. Aggravated battery is committed with a dangerous weapon in Louisiana.

Aggravated battery carries more severe penalties than simple battery due to the use of a dangerous weapon or circumstances that cause serious bodily injury. The penalties for aggravated battery vary based on the specific facts of the case and the severity of injuries inflicted.