Fill Out The Form Below
For a Free Consultation

Louisiana Assault and Battery Attorney

Assault and Battery Attorney in Shreveport, Bossier City, Monroe, & Ruston, LA

Assault and battery are crimes under Louisiana law that can result in misdemeanor or felony charges depending on the circumstances of the case. Law enforcement officers and prosecutors often charge assault and battery together, but in reality, they are two different charges. Each charge carries the potential to be a felony charge based on how badly the victim was hurt.

If you were arrested for or face assault and/ or battery charges in Louisiana, you could face serious consequences if you fail to take these charges seriously. A Louisiana assault and battery attorney like Eric G. Johnson of The John D. & Eric G. Johnson Law Firm, LLC will take steps to protect your rights at each turn of the criminal process.

What is the Difference Between Assault and Battery?

Assault and battery are different but related offenses that usually occur during the same incident. An assault is the threat of physical violence. Words and actions that create a credible threat to carry out an act of violence can make up an assault. A person who swings his fist at another person and misses has assaulted that person. Any intentional act or threat that reasonably causes a person to fear imminent bodily harm is considered assault under Louisiana law.

Once the assailant acts upon the threat of violence by making unwanted physical contact with the victim, he commits a battery. Battery often results in actual physical harm or involves offensive touching.

Assault Crimes in Louisiana

Simple assault
Aggravated assault
Aggravated assault with a firearm
Aggravated assault on a peace officer
Assault on a school teacher
Assault with a motor vehicle

Battery Crimes in Louisiana

Simple battery
Aggravated battery
Second-degree battery
Aggravated second-degree battery
Battery of special victims (the elderly, disabled, school teachers, police officers, and others)

A person who faces charges of assault and battery charges in Louisiana can face harsh criminal and civil penalties. A multitude of hardships await following a misdemeanor or felony conviction:

A criminal record that will reveal itself during any background check
Difficulty obtaining employment, housing, even opportunities for higher education due to the criminal record
Being required to attend counseling
Steep fines and court fees
Probation and/ or jail time

The exact penalties you will face if you are convicted of the charges against you all depend on the severity of the crime of which you are accused. The judge may consider the events that led up to the incident, the severity of the victim’s injuries, whether a weapon was involved, the victim’s age, and the motivation for the crime when determining an appropriate sentence.

In some cases, criminal actions can give way to a civil lawsuit in which a victim can seek financial compensation for the pain and suffering he or she endured. These funds go toward recovering expenses allocated toward medical care and lost wages. The victim can also impose a civil protective order against you which could prevent you from carrying or purchasing a gun legally.

Don’t Risk Your Future With Assault Charges — Call Louisiana Defense Attorney Eric Johnson Today

A conviction for a crime of violence such as assault and battery cannot be expunged after the fact. Don’t allow your case to get out of hand; seek the representation of a knowledgeable criminal defense lawyer in Louisiana who handles assault and battery charges to defend you as soon as possible.

There are solid defenses to assault and battery charges that an attorney will use depending on the facts of your case. Louisiana assault and battery attorney Eric Johnson has fought criminal charges for over 27 years and will use his experience to craft a solid defense for you. Discuss your case for free by connecting with Eric online or calling 318-377-1555.

Assault and Battery Frequently Asked Questions

What penalties could I face for assault and battery charges in Louisiana?

Penalties for assault and battery charges in Louisiana vary widely based on the specific circumstances and severity of the offense. Simple assault is typically a misdemeanor punishable by up to 90 days in jail and/or fines up to $200. Simple battery is also generally a misdemeanor, carrying up to 6 months in jail and/or fines up to $1,000. However, aggravated assault (involving a dangerous weapon) can result in up to 6 months in jail and fines up to $1,000, while aggravated battery may lead to up to 10 years in prison. Charges involving domestic abuse, elderly victims, or public servants like police officers carry enhanced penalties. A conviction can also result in a permanent criminal record, affecting employment, housing, and other opportunities.

Can I claim self-defense in an assault and battery case in Louisiana?

Yes, self-defense is a valid legal defense in Louisiana assault and battery cases, but specific conditions must be met. Louisiana law recognizes your right to use reasonable force to protect yourself from what you reasonably believe to be an imminent threat of unlawful force. The key elements are that you must reasonably believe you’re in danger, you cannot be the initial aggressor (unless you’ve withdrawn from the conflict), and the force used must be proportional to the threat. Louisiana also has “stand your ground” provisions that eliminate the duty to retreat before using force in many circumstances. However, successfully claiming self-defense requires substantial evidence and expert legal representation to establish that your actions were justified under the circumstances.

Should I accept a plea bargain for my assault and battery charges in Louisiana?

Whether to accept a plea bargain for assault and battery charges depends entirely on the specific circumstances of your case, the evidence against you, and your personal priorities. While plea bargains often result in reduced charges or penalties, accepting one means admitting guilt to some offense, which creates a permanent criminal record. An experienced assault and battery defense attorney can evaluate the strength of the evidence against you, identify potential defenses, assess the likelihood of success at trial, and negotiate the most favorable plea terms if that’s the best route. Important factors to consider include the quality of evidence (including witness credibility), potential sentencing exposure, personal circumstances like employment that might be affected by a conviction, and the emotional and financial costs of proceeding to trial. Never accept a plea bargain without thorough consultation with your defense attorney.