Assault & Battery

Metairie Assault & Battery Attorney

Helping Clients Build a Strong Defense

Having disagreements and misunderstandings is part of normal life, but when these interactions escalate, it can result in criminal charges, such as assault or battery. Assault and battery charges are commonly referred to together, but they are distinct and separate offenses under Louisiana law with different qualifying criteria. Defendants need to understand how the charges apply to their circumstances and what the prosecution must prove for a conviction to be able to make informed decisions about their cases.

If you’re facing assault or battery charges in Jefferson Parish, you need a Metairie criminal defense lawyer to help you understand your charges and the potential consequences. There is no such thing as a “minor” charge or conviction, and it’s important to do everything you can for your defense. Call The Bradley Law Firm today to start fighting back.

What Is Battery?

Louisiana RS 14:33 defines battery as “the intentional use of force or violence upon the person of another.” Battery charges require actual physical contact between the two parties. It can also be charged in situations where one person is accused of poisoning another. Louisiana’s criminal law details a specific sentence for each charge instead of lumping sentencing policies together by misdemeanor or felony classifications.

Simple Battery

Simple battery is the most basic battery charge. It is simply the intentional use of force upon another person without their consent. A conviction can result in up to 6 months in jail and a fine of up to $1,000.

Second-Degree Battery

Second-degree battery is more serious than simple battery. In this situation, the defendant is accused of intentionally inflicting serious bodily injury during the incident. Serious bodily injury is generally defined legally as an injury that is incapacitating in some way, disfiguring, or life-threatening. Someone convicted of second-degree battery faces up to 8 years in prison with or without hard labor and a fine of up to $2,000.

Aggravated Battery

To be charged with aggravated battery, the defendant must have used a dangerous weapon during the incident. A conviction carries a potential sentence of up to 10 years in prison, with or without hard labor, and a fine of up to $5,000.

Aggravated second-degree battery means that the defendant is accused of using a dangerous weapon and inflicting serious bodily injury. The maximum sentence for this charge is generally up to 15 years in prison and a fine of up to $10,000 — although there can be enhancements if the defendant has prior convictions.

Domestic Abuse Battery

Domestic abuse battery means that the alleged battery was committed against either a family member or a household member. There is a separate charge called battery of a dating partner for those who haven’t been married and aren’t related.

Battery of a dating partner and domestic abuse battery are both punishable by up to 6 months in jail and a fine of up to $1,000 for a first offense. Escalated penalties apply for subsequent offenses.

Battery of a Protected Person

This includes battery of a police officer, battery of a school teacher, and battery of a correctional facility employee as well as others, and each charge is outlined separately in the Revised Statutes. In general, battery of a protected person carries a harsher penalty, such as mandatory minimum sentences, if convicted than a regular battery charge.

What Is Assault?

The legal definition of assault in Louisiana is “an attempt to commit a battery, or the intentional placing of another in reasonable suspicion of receiving a battery.” In layman’s terms, this means that the defendant is accused of either attempting to hurt someone else or acting in a manner that was threatening enough that the alleged victim had reasonable fear for their safety. It’s important to note that the law does not require actual physical contact between the two parties for assault charges. Simple assault is punishable by up to 90 days in jail and a fine of up to $200.

Aggravated Assault

A charge can be upgraded from simple assault to aggravated assault when a dangerous weapon is involved. This includes anything that is capable of inflicting life-threatening injuries or death, such as a firearm, knife, or club. Aggravated assault is punishable by up to 6 months in jail and a fine of up to $1,000. If the aggravated assault included a firearm, the potential sentence is extended to up to 10 years, and the fine is increased to up to $10,000.

If the aggravated assault was committed on a peace officer while they were on duty, the sentence is a minimum of 1-year imprisonment and up to 10 years, as well as a fine of up to $5,000.

Assault by Drive-By Shooting

If an assault is committed during the course of a drive-by shooting, the potential sentence can be increased to up to 10 years, with or without hard labor. This charge also carries a minimum of 3 years imprisonment if convicted.

Domestic Abuse Aggravated Assault

If the incident involved a deadly weapon and the alleged victim was a family or household member, the charge is domestic abuse aggravated assault. If convicted, this charge carries a sentence of up to 5 years at hard labor — with a 1-year minimum — and a fine of up to $5,000.

Assault on a Protected Person

Louisiana’s Revised Statutes outline specific penalties for assaults on protected persons. These include, but aren’t limited to, school teachers, child welfare workers, and healthcare personnel. For example, assault on a school teacher is 6 months imprisonment if the defendant is a student and up to 3 years imprisonment if the defendant is not a student.

Do Assault and Battery Charges Count for the Three Strikes Rule?

Louisiana is one of several states across the country that has a “three strikes rule.” In Louisiana, it’s referred to as the Habitual Offender Law. At its most basic, it outlines parameters for when the penalties associated with a particular criminal offense can be made more severe if the defendant has a prior similar conviction. The three strikes rule gets its name because if a defendant is convicted of a third crime of violence, they can be sentenced to life in prison.

Crimes of violence are specific violent crimes outlined in the Revised Statutes. Applicable assault and battery charges that qualify as crimes of violence include:

  • Aggravated battery
  • Second-degree battery
  • Aggravated assault, including any with specific conditions, such as aggravated assault with a firearm
  • Sexual battery
  • Second-degree sexual battery
  • Assault by drive-by shooting
  • Domestic abuse aggravated assault
  • Domestic abuse battery
  • Battery of a dating partner
  • Battery of a protected person, such as emergency room personnel

If you have any previous convictions for crimes of violence, talk to your attorney about what this could mean for an escalation in the potential sentence and what steps you can take with this charge to protect yourself from getting to three strikes.

What Are the Consequences of an Assault or Battery Conviction?

In addition to the criminal penalties detailed above, being convicted of assault or battery can have a significant impact on the rest of your life. Having a conviction of a felony charge on your criminal record from an assault and battery case can result in:

  • Losing your job or not being eligible for employment in certain industries that involve working with vulnerable populations
  • Losing a professional license that requires appropriate conduct
  • Not being eligible to vote while serving your sentence or for the first 5 years of probation
  • Being subject to a protective order
  • Changes to a child custody arrangement or parenting time order
  • Strained relationships with family and friends

Working with an experienced criminal defense attorney can help you fight the charges through the court system, but it can also help you protect your reputation and mitigate any noncriminal penalties.

What Are the Possible Defenses for Assault and Battery Charges?

Assault and battery lawyers are skilled at evaluating a defendant’s case, looking at all of the evidence, and determining which defense strategy has the highest chance of a favorable outcome. Potential defense strategies your attorney may discuss with you include:

  • Not meeting the technical criteria for the offense
  • Defense of self or property
  • Being falsely accused
  • Lack of evidence
  • Negotiating a plea deal

For example, if you are charged with battery but you didn’t actually make physical contact with the alleged victim, a battery charge wouldn’t apply. However, you could still be charged with assault. Louisiana also has specific protections for those who use force in self-defense or defense of property. If someone attacked you first and you acted in self-defense, you cannot be held criminally liable. Each of these defense options has benefits and drawbacks, so it’s important to understand how each could apply to your case by speaking with an attorney.

Being charged with assault and battery is a serious situation that requires a carefully considered and strategic response. Ensure you have knowledgeable and experienced legal representation on your side. Call The Bradley Law Firm at 504-336-1717 to schedule an appointment with an attorney who can start on your case right away.