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Simple Assault in Louisiana

Is Simple Assault in Louisiana a felony or misdemeanor?

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

What are the penalties for Simple Assault in Louisiana?

Whoever commits a simple assault shall be fined not more than two hundred dollars, or imprisoned for not more than ninety days, or both.

Can I get probation if I’m convicted of Simple Assault in Louisiana?

Yes, if convicted, you can get probation for simple 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 Simple Assault in Louisiana?

Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.  Simple assault is an assault committed without a dangerous weapon.  Assault is different than battery in that there is no contact with an assault. People often wonder why they are being charged with assault just because someone said the defendant said something to the victim.  But, that is the crime. Assault is threatening harm or attempting harm.

Is Simple Assault in Louisiana a crime of violence?

No. Simple assault is not a crime of violence in Louisiana.

Is Simple Assault in Louisiana a sex offense that will require me to register as a sex offender?

No.

What are the defenses to Simple Assault in Louisiana?

The most common defense to simple assault is that it didn’t happen. The prosecutor bears the burden of proof and must prove beyond a reasonable doubt that the defendant attempted to commit a battery or placed the victim in reasonable apprehension of receiving a battery.  Many times, it comes down to the testimony of the witnesses and victim.  Everybody seems to have different stories.  The judge may examine the credibility of the witnesses and decide if the burden of proof has been met.

Can you get arrested for Simple Assault in Louisiana?

Simple 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.

Can the victim file a lawsuit against me for Simple 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 Simple Assault be removed from my criminal record in Louisiana?

Yes, simple assault in Louisiana is a charge that can be expunged. 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 Simple Assault in Louisiana?

If you need a lawyer for Simple Assault in Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with Simple Assault in Louisiana for over 18 years.  He is a criminal defense attorney in Louisiana that defends clients charged with Simple Assault in most parishes and cities in Louisiana. Hiring the best defense lawyer for Simple Assault is the first decision you should make after receiving the charge. Do not wait until you start going to court for the Simple Assault 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 Simple Assault lawyer in Louisiana.

Full statute for Simple Assault 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.

§38.  Simple assault

A.  Simple assault is an assault committed without a dangerous weapon.

B.  Whoever commits a simple assault shall be fined not more than two hundred dollars, or imprisoned for not more than ninety days, or both.

Acts 1978, No. 394, §1; Acts 2014, No. 791, §7.

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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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