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Aggravated Assault Lawyer in Baton Rouge

Aggravated Assault Explained

Is Aggravated assault in Louisiana a felony or misdemeanor?

Aggravated assault in Louisiana is a misdemeanor offense. There are felony grades of aggravated assault that are determined based on the alleged facts.

What are the penalties for Aggravated assault in Louisiana?

Whoever commits an aggravated assault shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.  If the offense is committed upon a store’s or merchant’s employee while the offender is engaged in the perpetration or attempted perpetration of theft of goods, the offender shall be imprisoned for not less than one hundred twenty days without benefit of suspension of sentence nor more than six months and may be fined not more than one thousand dollars.

Can I get probation if I’m convicted of Aggravated assault in Louisiana?

Yes, if convicted, you can get probation for aggravated assault 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 in Louisiana?

Aggravated assault is an assault committed with a dangerous weapon.

Is Aggravated assault in Louisiana a crime of violence?

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

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

No.

What are the defenses to Aggravated assault in Louisiana?

The most common defense to aggravated assault 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 dangerous weapon during the assault. It is possible that an assault occurred, however a dangerous weapon wasn’t meant to be involved in the assault, therefore, making the assault a simple assault instead.

Can you get arrested for Aggravated assault in Louisiana?

Aggravated assault is a criminal charge in Louisiana in which the officer may an arrest. However, he can also issue a misdemeanor summons as well.  The charge is still just as serious if you receive a summons versus an arrest. The officer might issue the summons instead if he is confident the defendant won’t be in contact with the victim again.  More often, the defendant is arrested for aggravated assault.

Can the victim file a lawsuit against me for Aggravated assault?

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 be removed from my criminal record in Louisiana?

No, an aggravated assault conviction in Louisiana is a charge that cannot be expunged.  If the aggravated assault 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 in Louisiana?

If you need a lawyer for aggravated assault in Baton Rouge, Louisiana, the Barkemeyer Law Firm may be able to help. He has defended clients charged with aggravated assault in Louisiana for over 18 years.  Do not wait until you start going to court for aggravated assault in Baton Rouge. 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 us by calling (225) 964-6720.

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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, 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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