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Aggravated Assault With a Firearm in Louisiana

Lawyer for Aggravated Assault with a Firearm in Louisiana

Is aggravated assault with a firearm in Louisiana a felony or misdemeanor?

Aggravated assault with a firearm in Louisiana is a felony offense. It is a serious charge in Louisiana.

 

What are the penalties for aggravated assault with a firearm in Louisiana?

Whoever commits an aggravated assault with a firearm shall be fined not more than ten thousand dollars or imprisoned for not more than ten years, with or without hard labor, or both.

 

Can I get probation if I’m convicted of aggravated assault with a firearm in Louisiana?

Yes, if convicted, you can get probation for aggravated assault with a firearm in Louisiana. The judge may order you to pay a fine and court costs, and perform community service as well.  Anger management classes may be ordered by the judge as a condition of probation.

What constitutes aggravated assault with a firearm in Louisiana?

Aggravated assault with a firearm is an assault committed with a firearm.

 

Is aggravated assault with a firearm in Louisiana a crime of violence?

Yes. Aggravated assault with a firearm is a crime of violence in Louisiana.

 

Is aggravated assault with a firearm in Louisiana a sex offense that will require me to register as a sex offender?

No.

 

What are the defenses to aggravated assault with a firearm in Louisiana?

The most common defense to aggravated assault with a firearm is that it didn’t happen. Many times, assault cases are he said, she said cases.  The judge can determine the credibility of the witnesses and choose who to believe or who not to believe.  However, if witnesses are present, they may testify as well. Another defense is that the defendant did not use a firearm during the assault. It is possible that an assault occurred, however a firearm wasn’t meant to be involved in the assault, therefore, making the assault a simple assault instead.

 

Can you get arrested for aggravated assault with a firearm in Louisiana?

Aggravated assault with a firearm is a criminal charge in Louisiana in which the officer must make an arrest. The judge may then set a bail amount.  A bond must be posted to get the defendant out of jail.

Can the victim file a lawsuit against me for aggravated assault with a firearm?

Yes, there is a civil claim for assault.  If you get served with a petition for damages, then contact a lawyer immediately to file an answer.

 

Can aggravated assault with a firearm be removed from my criminal record in Louisiana?

No, an aggravated assault with a firearm conviction in Louisiana is a charge that cannot be expunged.  If the aggravated assault with a firearm arrest results in a dismissal or reduced charge, we may be able to expunge the arrest and conviction, depending on the conviction.  The process of removing an arrest or conviction from an individual’s criminal record is called an expungement.  The defendant must file a Motion to Expunge the record to remove the entry. Our criminal defense attorneys can help with that process. The expungement process can be complicated because everyone’s circumstances are different. There are various laws regarding eligibility to expunge a record.

How do I hire a lawyer for aggravated assault with a firearm in Louisiana?

If you need a lawyer for Aggravated assault with a firearm in Baton Rouge, Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with Aggravated assault with a firearm in Louisiana for over 18 years.  He is a criminal defense attorney in Baton Rouge that defends clients charged with Aggravated assault with a firearm in most parishes and cities in Louisiana. Hiring the best defense lawyer for Aggravated assault with a firearm is the first decision you should make after receiving the charge. Do not wait until you start going to court for the Aggravated assault with a firearm in Louisiana. If you can, hire your criminal lawyer immediately after you’ve been arrested so he can start to try to get you the best resolution possible.  Contact our Aggravated assault with a firearm lawyer in Louisiana.

 

Full statute for aggravated assault with a firearm in Louisiana

§36.  Assault defined

Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery. 

Acts 1978, No. 394, §1.

§37.4.  Aggravated assault with a firearm

A.  Aggravated assault with a firearm is an assault committed with a firearm.

B.  For the purposes of this Section, “firearm” is defined as an instrument used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it.

C.  Whoever commits an aggravated assault with a firearm shall be fined not more than ten thousand dollars or imprisoned for not more than ten years, with or without hard labor, or both.

Acts 2001, No. 309, §1; Acts 2003, No. 239, §1; Acts 2012, No. 320, §1, eff. May 25, 2012.

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, Monroe, Lake Charles and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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