Whether you’re being charged on a misdemeanor or a felony level, an assault or battery charge can ruin your reputation and haunt you for years to come. Though assault and battery charges are some of the most common charges, each case is unique. The severity of the charge can depend on a variety of things: whether or not a weapon was used, as well as the degree of the alleged victim’s injuries
Assault and battery are usually closely associated with one another, but actually, carry different definitions. Assault is the intention or threat to harm or batter someone; whereas, the battery is when harm is actually inflicted upon somebody.
So what is it that makes an assault or battery charge a misdemeanor or a felony? According to the Louisiana Law, there are different levels of assault and battery. In the case of assault (again, the intention or threat of a battery), there are several types of assaults that fall under the assault statute. Some of the most commons charges of assault are:
- Simple Assault—assault committed without a dangerous weapon
- Penalty: Maximum fines of up to $200 and/or maximum jail time of six months, or both;
- Aggravated Assault—assault committed with a dangerous weapon\
- Penalty: Maximum fines up to $1,000 and/or maximum jail time of six months, or both;
- Aggravated Assault with a Firearm—assault committed with a firearm (committed when there is a discharge from a firearm)
- Penalty: Maximum fines up to $10,000 and/or maximum jail time of ten years, or both;
- Battery, on the other hand, may carry more severe consequences because it actually involves force or contact. Like assault, the battery has an array of charges that fall under its statute; however, some of the most common charges of the battery are Simple Battery—defined as “battery committed without the consent of the victim”
- Penalty: Maximum fines up to $1,000 and/or maximum jail time of six months, or both;
- Aggravated Battery—battery committed with a dangerous weapon
- Penalty: Maximum fines up to $5,000 and/or maximum jail time of ten years, or both;
- Second Degree Battery—battery committed by an alleged offender where intentional bodily injuries are inflicted
- Penalty: Maximum fines up to $2,000 and/or maximum jail time of five years, or both;
- Aggravated Second Degree Battery—battery committed by an alleged offender where intentional bodily injuries are inflicted with the use of a dangerous weapon
- Penalty: Maximum fines up to $10,000 and/or maximum jail time of fifteen years, or both;
While outcomes can't be guaranteed, as each case is unique, there can be success in defending a client faced with these charges. Those results include lesser jail sentences, probation in lieu of jail time, reduced conditions and time on probation, deferred adjudication and diversion of charges, and even outright dismissal of charges. Having an experienced team of paralegals, investigators, and attorneys on your side is invaluable to you receiving the best possible outcome.