Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Are you being charged for aggravated assault and want to stay out of jail? Do you feel like your actions were misjudged to be aggravated assault when actually it wasn’t your intention? Did you make a mistake committing an aggravated assault and need someone to help keep you from going to prison? Do you want to know exactly what aggravated assault means and who can help you? Well, you’re just in the right place to get that information.
Aggravated assault isn’t an offense that any judge in any court in St. Tammany Parish would take lightly. In fact, is an offense that could possibly lead to death if the act continues, hence the reason no court of law would want to throw it around like an unserious matter. In this article, we will be looking at exactly what aggravated assault is, what to do when you’re charged for the crime, and just the right person to contact.
What is aggravated assault under Louisiana RS 14:37?
In order to be able to explain just what aggravated assault is, it would be of paramount importance to first know exactly what an assault is. Since aggravated assault simply means an assault with a dangerous weapon, the first question should be “What is assault?”
Simply put, an assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery. If the accused made physical contact, then the charge would be a battery. An assault could also be a mere threat or an attempt to physically hurt somebody or make attempted physical contact. As you see, you don’t even need to have physical contact.
Aggravated assault, as earlier mentioned, is an assault that is carried out using a dangerous weapon, lethal or non-lethal.
This crime can cause you a lot of damage if you’re convicted and sentenced. Examples of the punishment that awaits you would be explained later. For now, focus on getting an experienced attorney who is very knowledgeable when it comes to the Louisiana laws. Barkemeyer Law Firm are criminal attorneys for assault charges in Covington, Louisiana. All you need to do is reach out.
Penalties for Aggravated Assault
Aggravated assault may not look like a terrible crime to you, especially when it didn’t involve getting anybody hurt. However, as earlier mentioned, the mere intention, attempt, and/or threat could land you in prison and make you pay fines that could wreck your finances. You shouldn’t let it reach that point before you contact an attorney. Here are the penalties involved:
If you have been convicted of aggravated assault, you could be imprisoned for a period not less than six (6) months.
In order to avoid going to jail, you could be fined the sum of $1,000 or both.
Sometimes, depending on the gravity of the assault, the judge could make you face both punishments. That is, you could go to jail and still have to pay the fine.
If the offense was carried out while the offender is trying to commit a theft in a store, it is considered to be two crimes, theft, and assault. The offender could be sentenced to 120 days to 6 months in jail. The offender could also be made to pay a sum of $1,000.
Knowing exactly what assault and aggravated assault are, you should already also know that this crime depends almost completely on your intentions. If you do not find yourself an attorney who can strongly back you in court with a complete understanding of your situation, you could stand the risk of losing 6 important months of your life as well as a criminal record you didn’t plan for. With Barkemeyer Law Firm as your criminal defense attorneys, you can rest assured that you and your case are in the safest hands in Louisiana.
Defenses to Aggravated Assault
An experienced attorney would know exactly how to defend you and would know how to present your case before the presiding judge in order to get the best result. These are some of the possible defenses that you may use:
Lack of Intent
That the intention was misunderstood. The prosecutor must prove that you intended to threaten the defendant or that you intended to commit a battery, although no battery occurred.
That you took the action in self-defense. Surely, no judge would hold it against you if you merely tried to defend yourself against a person who is trying to assault you. But, you must be able to prove self-defense. The defendant has that burden to carry. Your story must be believable and credible.
These defenses may look easy to present but going against a prosecutor who is strong and bent on seeing the offender punished for the crime could make it extra difficult. Our assault defense lawyers will see you through every step of the way, listening carefully and diligently to all that you have to say. Every assault case is different. Just because you think you have a poor case does not mean we can’t get a resolution that keeps you out of jail.
814 W. 21st Avenue
Covington, LA 70433
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Louisiana DWI & Criminal Lawyers
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.