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.
Is Assault a Felony?
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.
What 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 statue.
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.
Is Battery A Felony?
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!
If you're looking for an attorney to fight for you, call James.
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“If having someone on your side that gives a 110% and delivers a quality product is important, then James Sudduth III comes with my highest personal recommendation.”
They truly care about the legal issues I face, and aren't just 'going through the motions.'
“James & his caring team of professionals are a cut above the rest. They truly care about the legal issues I face, and aren't just 'going through the motions.' It's been a tremendous help during this transitional period in my life to have Jame”
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, battery has an array of charges that fall under its statute; however, some of the most common charges of 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.