Making any unwanted physical contact with another person may be against the law in Louisiana. While assault and battery are often used together, they are not the same thing. While battery is defined as “the intentional use of force or violence upon the person of another,” assault is merely the threat of violence toward another, to the point that they fear for their safety. If you were accused of either of these crimes, the consequences can be severe. Make sure you have help from an experienced Baton Rouge criminal defense lawyer. Call Dewey & Braud Law, for over 25 combined years of proven results.
Dial (225) 953-8330 today to schedule your free consultation with a Baton Rouge assault and battery lawyer. You can also contact Dewey & Braud Law online.
What Is Assault and Battery?
Assault and battery are two distinct but related legal concepts often associated with physical harm or threats of harm against another person. They are both considered criminal offenses in many jurisdictions, including the United States, and can also be grounds for civil lawsuits in some cases.
Assault
Assault refers to the intentional act of causing another person to reasonably fear that they are about to be physically harmed. It doesn't necessarily involve physical contact; the mere threat or apprehension of harm is enough to constitute an assault. For an act to be considered an assault, it must meet the following elements:
- Intent: The person must intend to cause apprehension or fear in the victim.
- Apprehension: The victim must have a reasonable fear or belief that they are about to be physically harmed.
- Imminent Threat: The victim must believe that the harm is imminent or about to happen.
Battery
Battery, on the other hand, involves the intentional and unlawful physical contact with another person, resulting in harm or offensive physical contact. In contrast to assault, battery requires actual physical contact. To establish a case of battery, the following elements need to be present:
- Intent: The person must intend to engage in harmful or offensive physical contact.
- Physical Contact: There must be direct, intentional physical contact with the victim.
- Lack of Consent: The contact is typically considered unlawful if it occurs without the victim's consent.
It's important to note that laws and definitions can vary from one jurisdiction to another, so the specific legal elements and consequences of assault and battery may differ depending on local laws and regulations.
In many cases, assault and battery are prosecuted as separate charges, but they can also be charged together if both the threat (assault) and the physical contact (battery) occur in the same incident. The severity of the charges and potential penalties depends on various factors, including the extent of harm caused and the specific circumstances of the incident.
Avoiding the Consequences of a Conviction
As you might imagine, prosecutors are not lenient with violent offenders. Whether or not you believe you committed a violent crime, you can rest assured the State will seek harsh consequences.
Dewey & Braud Law can assist you in defending against the below offenses:
- Battery - Intentionally using force and/or violence on another person.
- Domestic Battery - Committing battery against a member of your household.
- Aggravated battery - Committing battery using a dangerous weapon.
- Assault - Threatening or attempting to cause physical injury to another person.
- Aggravated assault - Committing Assault with a dangerous weapon.
- Terrorizing - Intentionally communicating that there is an imminent threat of violence, with the intent to cause the general public to be fearful.
- Stalking - Repeatedly and maliciously following or harassing someone.
- Cyberstalking/ Cyberbullying - Threatening or harassing someone using electronic communication.
- Sexual battery - Intentional touching of the genitals or anus without the victim's consent.
The consequences of these offenses can include hefty fines and lengthy prison sentences. You could also have a criminal record for years, making it hard to secure employment, housing, and other financial opportunities. Make sure you are prepared to fight the charges against you. Call Dewey & Braud Law to discuss your case at a free consultation.
Is Cyberstalking Considered Assault and Battery in LA?
Yes, the state of Louisiana takes cyberstalking and cyberbullying very seriously. Cyberstalking and cyberbullying are threats and harassments made through electronic communication. Evidence can easily be attained by an electronic paper trail. Your actions online could land you with a criminal conviction. Retaining aggressive legal counsel is of paramount importance in issues such as these.
Simple Battery Charges in Louisiana
In Louisiana, battery without a weapon and without intentional conflict of serious injury is classified as a simple battery charge. Simple battery is a misdemeanor offense. Penalties include imprisonment for not more than 6 months and/or a fine not more than $1,000.
Aggravated Battery Charges in LA
Aggravated battery in Louisiana is defined as battery committed while using a dangerous weapon, such as a firearm or a knife. This type of battery offense is considered a felony offense, punishable by imprisonment for up to 10 years and/or a fine not exceeding $5,000.
How We Can Help
In the United States, you are to be presumed innocent unless proven guilty beyond reasonable doubt. Your future depends on being able to successfully defend the charges, which means you will need a skilled team of legal professionals who can review the charges and evidence against you and check for errors. Dewey & Braud Law has helped many clients to obtain favorable outcomes with their cases, including the reduction of charges, favorable plea settlements, complete dismissals and acquittals.
Frequently Asked Questions About Assault and Battery in Louisiana
Is simple battery a felony in Louisiana?
No, simple battery is not a felony in Louisiana. It is classified as a misdemeanor. The penalties for simple battery include up to 6 months in jail and/or a fine of up to $1,000.
What is simple battery in Louisiana?
Simple battery in Louisiana is defined as the intentional use of force or violence upon another person without a weapon and without causing serious injury. It is a misdemeanor offense, but it can still result in jail time, fines, and a criminal record.
Are assault and battery the same thing in Louisiana?
No, assault and battery are not the same thing in Louisiana. Assault is the threat or attempt to cause physical harm, making the victim fear imminent violence. Battery is the actual use of force or violence against another person. Both can be charged separately or together depending on the circumstances.
What is the typical sentence for an assault or battery charge in Louisiana?
The sentence for assault or battery depends on the specific charge. Simple battery is a misdemeanor with up to 6 months in jail and/or a $1,000 fine. Aggravated battery, which involves a weapon or serious injury, is a felony and can result in up to 10 years in prison and/or a $5,000 fine. Assault penalties vary based on the severity and circumstances.
Can I be charged with assault even if no one was hurt?
Yes, you can be charged with assault in Louisiana even if no one was physically hurt. Assault is about the threat or attempt to cause harm, not actual injury. If you made someone fear imminent violence, you could face assault charges.
What happens if I am charged with simple battery in Louisiana?
If you are charged with simple battery in Louisiana, you face a misdemeanor charge that could result in up to 6 months in jail and/or a $1,000 fine. You may also have a criminal record, which can affect your employment, housing, and other opportunities. It’s important to consult an experienced Baton Rouge criminal defense lawyer to protect your rights and seek the best possible outcome.
Let our Baton Rouge assault and battery lawyer at Dewey & Braud Law help. Call (225) 953-8330 now!
