Lake Charles Assault and Battery Lawyer
Put Decades of Experience in Your Corner
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.
Contact our Lake Charles attorneys online or by phone at 1-833-SUDDUTH to schedule a consultation. Se habla español.
Is Assault a Felony in Louisiana?
Assault can be charged as either a felony or a misdemeanor, depending on the specific circumstances and the laws of the jurisdiction where the offense occurred. Assault is a broad term used to describe an intentional act that causes another person to fear or apprehend physical harm.
The severity of the charge and whether it is classified as a felony or a misdemeanor depend on factors such as:
- Severity of the Harm: In many jurisdictions, the degree of harm caused or intended can influence whether the charge is classified as a felony or misdemeanor. More serious injuries or the use of a deadly weapon may lead to felony assault charges.
- Aggravating Factors: Certain aggravating factors, such as assaulting a law enforcement officer, a vulnerable individual, or a person in a domestic relationship, can lead to more severe charges, often classified as felonies.
- State Laws: Laws regarding assault and their classification as felonies or misdemeanors vary from state to state. Some states may have specific statutes and sentencing guidelines that dictate how assault offenses are charged.
- Prior Convictions: If the person accused of assault has prior convictions for similar offenses, this can influence whether the current offense is charged as a felony.
In general, an assault that results in serious bodily injury, involves the use of a weapon, or is committed with the intent to cause severe harm is more likely to be classified as a felony.
Felony assault charges can lead to significant penalties, including imprisonment, fines, and the creation of a criminal record. Misdemeanor assault charges are typically associated with less severe penalties.
It's important to consult the specific laws and legal definitions in your jurisdiction to understand how assault is categorized and penalized.
If you are facing assault charges, it is advisable to seek legal counsel from an attorney who can assess the details of your case, explain the potential charges and consequences, and provide guidance on how to proceed with your defense.
What's The Difference Between Assault and Battery?
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, battery is when harm is actually inflicted upon somebody.
Depending on the specific circumstances of a case, both assault and battery may be charged in connection with the same incident; however, one charge may be dropped when a plea bargain is reached or if the facts of the case make it clear that only one offense was committed.
Is Assault a Felony or Misdemeanor in Louisiana?
In Louisiana, assault and battery without weapons are usually misdemeanor offenses. However, depending on the circumstances and the victim, assault and battery charges may be classified as felony crimes.
While we never guarantee outcomes, because each case is so different and unique, we have seen much success over time in aggressively defending our clients. 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
Outcomes cannot be guaranteed by anyone, but at Sudduth and Associates, our criminal defense team prides ourselves on guaranteeing to our clients our heart, our passion, and our every effort.
Having the experienced team of paralegals, investigators, and assault and battery attorneys in Lake Charles at Sudduth & Associates, LLC on your side is invaluable to you receiving the best possible outcome.
More Details on Assault and Battery Felony Crimes in Lake Charles, Louisiana
Assault and battery can be classified as felony offenses in Louisiana. Assault charges are considered violent crimes and can be classified as felonies in Louisiana. The severity of the charges and potential penalties depend on the specific circumstances of the case.
It's important to note that Louisiana law distinguishes between different types of assault and battery offenses, such as:
- Simple assault
- Aggravated assault
- Domestic abuse aggravated assault
- Assault of protected victims
Each offense may carry different penalties, ranging from fines to imprisonment.
Is Battery A Felony in Louisiana?
The classification of battery as a felony or a misdemeanor depends on the specific circumstances of the offense and the laws of the jurisdiction where the incident occurred. Battery generally refers to the intentional and unlawful use of force or violence against another person.
The severity of the charge can be influenced by factors such as the extent of the injuries inflicted, the use of weapons, and the relationship between the parties involved.
In many jurisdictions, there are different degrees or levels of assault and battery offenses, and the classification as a felony or misdemeanor can vary. Here is a general overview, but keep in mind that laws can differ:
- Simple Battery or Misdemeanor Battery: This typically involves minor physical harm or offensive touching. In many cases, simple battery is classified as a misdemeanor.
- Aggravated Battery or Felony Battery: If the battery involves more serious injuries, the use of a weapon, or other aggravating factors, it may be charged as aggravated battery or felony battery, which is usually a felony offense.
- Domestic Battery: When a battery occurs between individuals in a domestic relationship, such as spouses or family members, it may be categorized as domestic battery. The classification as a misdemeanor or felony depends on the severity of the offense and the jurisdiction's laws.
It's important to consult the specific criminal code of the relevant jurisdiction to understand how assault and battery offenses are classified and the potential penalties associated with each level. Additionally, the specific facts of each case can influence the charges and their severity.
Call our Lake Charles assault and battery attorneys today to see how we can help you level the playing field to get the best possible outcome in your case!
The Advantage of a Former Prosecutor on Your Side Client Reviews
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Mr Smith was quick to respond, helpful in answering all my questions, understanding in my needs/situation and patient in dealing with me. Even after a misread of the contract price on my part, he quickly corrected my misunderstanding and handle the situati- Ana R.
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Smart, driven, direct, passionate. Amazing man, which makes him an amazing attorney. Treated me and my family as if we were a part of his. I am forever grateful for the hard work and dedication he put into my case.- Sherese
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Thank you for saving my future and giving back hope when I was feeling hopeless. James Sudduth and Kourtney Kech are my dream team!!- Kari P.
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He was a perfect mix of humble and confident. He was able to take my case that I had no hope for and get an outcome that was better than I could've ever anticipated. I am so thankful for him and his entire staff.- Former Client
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James was always professional and considered all of the facts when working towards resolution of matters. He exercised great wisdom in the execution of his job a prosecutor.- Brent
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These guys are thorough, competent, confident, knowledgable, and so much more. This is a law firm that cares about what they're doing. Highly recommended, and respected. Thank you!- Dakota J.
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From day one Ryan took the time to explain every step to me. I had so many questions and he was so patient to answer everything for me. They were very professional and I knew that I was in good hands.- Former Client
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Upon meeting with Mr. Sudduth for the first time, it was very obvious to me that he was well experienced in his areas of practice. He was very communicative, made himself available to address any concerns or needs and was extremely attentive to the details of my case. As thorough, goal-oriented, hard-working and determined as he and his staff were, one attribute stood out among the rest-they genuinely cared about me and my family. This was my first (and hopefully last) experience dealing with this type of litigation and the trauma it caused us, but James was there every step of the way and he fought for me; he fought for a resolution to the injustice I suffered. He cut straight through all of the nonsense and helped change workplace culture to make it a better place to work for everyone. For that, I am extremely grateful and proud that I made the choice to hire him as my attorney. I pray that many blessings come to the Sudduth and Associates team—Keep fighting the Good Fight. I give my absolute highest recommendation!- Rebecca