Misdemeanor and Felony Assault and Battery Charges in Louisiana
The legal distinctions between assault and battery can be confusing, and the penalties can vary depending on the circumstances. The Moisant Law Firm can help you navigate the complexities of assault and battery charges in Louisiana and fight for your rights.
You need an experienced legal team on your side. Moisant Law Firm understands the complexities of assault and battery defense. Our founding attorney, Samantha Moisant, is a former prosecutor at the New Orleans District Attorney's office, giving her unique insight into how the prosecution builds their cases. With her in your corner, you can fight for the best possible outcome.
Assault and Battery Charges
Understanding Assault and Battery
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Assault: This is the threat of violence that puts someone in fear of imminent harmful or offensive contact. Imagine swinging a fist and missing – that's assault.
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Battery: This is the actual unwanted physical contact. A punch that lands is battery.
Misdemeanor vs. Felony Charges
The severity of the charge and potential consequences depend on various factors, including:
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Presence of a weapon
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Victim's identity
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Extent of injuries
Misdemeanor Charges and Penalties
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Simple Battery: This is the least severe charge, involving unwanted touching or offensive physical contact. Penalties typically include up to six months in jail and a fine of up to $1,000.
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Increased Penalties for Battery Against Protected Victims: The court may impose harsher sentences for assaults on certain victims, such as child welfare workers, school employees, healthcare workers, and police officers. These can involve longer jail sentences and higher fines.
Felony Charges and Penalties
Certain assaults and batteries involving weapons or specific victims are classified as felonies. Felonies carry harsher penalties, including:
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Aggravated Battery: This involves violent physical contact with a dangerous weapon or substance that could cause serious injury or death. Penalties can be up to 10 years in prison and a fine of up to $5,000.
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Felony Charges Based on Victim or Weapon:
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Domestic Abuse Battery: 1-5 years in prison, $5,000 fine (mandatory minimum sentence of 2 years if committed in front of a child under 13).
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Battery Against a Police Officer: 1-10 years in prison, $5,000 fine.
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Second-Degree Battery: Up to 8 years in prison, $2,000 fine (involves serious bodily injury without a weapon).
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Aggravated Second-Degree Battery: Up to 15 years in prison (serious bodily injury with a dangerous weapon).
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Assault by Drive-By Shooting: Minimum 1 year, up to 5 years in prison (no probation possible).
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Sentencing Considerations
Several factors influence sentencing for assault and battery crimes, including:
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Circumstances of the offense (e.g., self-defense, provocation)
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Defendant's criminal history
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Victim's injuries
The judge may also order the defendant to pay restitution to the victim for any expenses resulting from the crime.
Facing Assault and Battery Charges? We Can Help
If you have been accused of assault and battery in Louisiana, don't hesitate to contact Moisant Law Firm. Our experienced criminal defense attorneys can help you understand the charges against you, develop a strong defense strategy, and fight for the best possible outcome. We are available 24/7 to answer your questions and discuss your case. Call us at (225) 803-0596 or visit our website at [moisantlaw.com] to schedule a consultation.
We look forward to helping you through this difficult time.