Assault & Battery

Assault and Battery crimes are taken seriously in Louisiana and carry harsh penalties.

Assault is “an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.” Threats and attempts to physically injure someone qualify as an assault.

Battery is “the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.” Battery is a willful violent act which causes physical harm.

LOUISIANA ASSAULT AND BATTERY LAWS


Assault and Battery cases range from simple confrontations and bar fights to domestic violence and assault and battery with a deadly weapon. Under Louisiana criminal law, charges for these offenses range from misdemeanors to felonies, and include:

Simple Assault: Simple assault is an assault committed without a dangerous weapon. Can only be charged as a misdemeanor.
Aggravated assault: is an assault committed with a dangerous weapon.

Assault by drive-by shooting: is an assault committed with a firearm when an offender uses a motor vehicle to facilitate the assault.  

Aggravated assault upon a peace officer with a firearm: is an assault committed upon a peace officer who is acting in the course and scope of his duties with a firearm.

Unlawful use of a laser on a police officer: is the intentional projection of a laser on or at a police officer without consent of the officer when the offender has reasonable grounds to believe the officer is a police officer acting in the performance of his duty and that the officer will be injured, intimidated, or placed in fear of bodily harm.

Aggravated assault with a firearm: is an assault committed by the discharge of a firearm.

Aggravated assault upon a utility service employee with a firearm: is an assault committed upon a utility service employee who is acting in the course and scope of his duties when the offender knows the victim is a utility service employee and the assault is committed with the intention of preventing the person from performing his official duties and is committed with a firearm.

Aggravated assault with a motor vehicle upon a peace officer: is an assault committed with a motor vehicle upon a peace officer acting in the course and scope of his duties.

Mingling harmful substances: is the intentional mingling of any harmful substance or matter with any food, drink or medicine with intent that the same shall be taken by any human being to his injury.
 
Assault on a school teacher: is an assault committed when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of his duties.

Assault on a child welfare worker: is an assault committed when the offender has reasonable grounds to believe the victim is a child welfare worker acting in the performance of his duties.

Simple Battery: is a battery committed without the consent of the victim.

Aggravated battery: is a battery committed with a dangerous weapon.

Second degree battery: is a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.

Battery of a police officer: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.

Battery of a school teacher: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.

Battery of a school or recreation athletic contest official: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school athletic or recreation contest official.

Battery of a correctional facility employee: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a correctional facility employee acting in the performance of his duty.

Battery of a bus operator: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a bus operator.

Disarming of a peace officer: is committed when an offender, through use of force or threat of force, and without the consent of the peace officer, takes possession of any law enforcement equipment from the person of a peace officer or from an area within the peace officer's immediate control, when the offender has reasonable grounds to believe that the victim is a peace officer acting in the performance of his duty.

Aggravated second degree battery: is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.

Battery of a child welfare or adult protective service worker: is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a child welfare or adult protective service worker working in the performance of employment duties who has presented proper identification.

Simple battery of the infirm: is a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:

(1)  Advanced age.

(2)  Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.

Domestic abuse battery: is the intentional use of force or violence committed by one household member upon the person of another household member.

THE CONSEQUENCES ARE SERIOUS 


Whether you’re convicted of a misdemeanor or felony assault or battery, you could face any or all of the following:

  • Parish jail or state prison time
  • A permanent criminal record
  • Significant fines
  • Probation
  • Parole
  • Mandatory anger management classes
  • Losing your right to own a deadly weapon
  • Being turned down for employment after you’re released

EXPERIENCED ATTORNEYS ARE CRITICAL


If you’ve been accused or charged with assault and battery, you may be able to plea self defense or lack of intent. Your case may even be dismissed depending on the evidence. But the only way you can explore these possibilities is by hiring an experienced attorney with extensive knowledge of the complex Louisiana assault and battery laws.

Carl Barkemeyer, Criminal Defense Attorney, knows what it takes to win these cases. He will thoroughly investigate and examine all the facts related to your assault and battery case, gather all evidence that supports your defense, and work to ensure that your defense rests on solid facts.

Contact our Baton Rouge criminal lawyers at 225-964-6720.

"Great attorney - very detailed and knowledgeable.
I will recommend him to anyone and if needed I'd consult with him again.!"