phone-icon Call Us Now
Dedicated to Providing The People of Northern Louisiana with Aggressive Representation.
we go the Extra Mile to Thoroughly investigate Your Case and Find Solutions.
You Need to Know Your Rights under the LAw And immediately Act to Protect Them.

Louisiana Assault Attorneys

Defending Your Right to Due Process in Louisiana

Assault is a serious criminal charge under Louisiana law with significant legal consequences. Whether classified as a misdemeanor or felony, an assault conviction can result in jail time, fines, and a permanent criminal record. Understanding the different types of assault and the legal definitions under Louisiana law is crucial when facing these criminal charges.

Louisiana Law on Assault

Under Louisiana Law R.S. 14:36, assault is defined as an attempt to commit a battery or intentionally placing another person in reasonable apprehension of receiving a battery. Unlike battery, which involves actual physical contact, assault does not require physical harm—only the threat or attempt to cause harm. Accordingly, a person could face assault charges even if no physical injuries occurred, making it critical to understand the legal nuances involved.

Assault in Louisiana is categorized based on the severity of the offense and whether a weapon was involved:

  • Simple Assault – A threat or attempt to cause harm without a weapon or serious bodily injury.
  • Aggravated Assault – An assault committed with a dangerous weapon or with circumstances that increase the severity of the incident.

The prosecution must prove intent for an assault conviction, meaning the accused must have acted willfully and knowingly in a manner that placed another person in fear of harm. Additionally, aggravating factors, such as the presence of multiple assailants or an assault occurring in a public space, may increase penalties and influence the outcome of a case.

Types of Assault Charges in Louisiana

Simple Assault

Under Louisiana law, simple assault occurs when a person threatens or attempts to harm another individual physically but does not use a weapon or cause actual injury. While this is a misdemeanor, it can still lead to serious legal consequences, including fines and potential jail time.

Aggravated Assault

Aggravated assault, as defined by La. R.S. 14:37, is an assault committed with a dangerous weapon. Such weapons include firearms, knives, or even everyday objects used in a threatening manner. Aggravated assault is punishable by up to six months in jail and increased penalties if committed against specific victims. A conviction for aggravated assault may also result in mandatory anger management courses or probation in addition to any fines or jail time imposed by the court.

Assault on a Peace Officer, Teacher, or Healthcare Worker

Louisiana Law enhances penalties for assaulting specific individuals, including:

  • Peace officers and law enforcement personnel
  • Teachers and school employees
  • Healthcare workers providing emergency services

Assaulting these individuals carries harsher penalties, including longer jail sentences and higher fines. The law protects public servants from threats and violence while performing their duties. If convicted of assaulting a protected professional, the defendant may also face additional restrictions, such as limitations on employment opportunities in government or education-related fields.

Penalties for Assault in Louisiana

The severity of an assault charge in Louisiana depends on several factors, including the presence of a weapon, the victim’s identity, and prior felony offenses. Simple assault is classified as a misdemeanor, while aggravated assault and assault on protected individuals can be charged as felonies.

The penalties for assault vary based on the charge:

  • Simple Assault: Up to 90 days in jail and a fine of up to $200.
  • Aggravated Assault: Up to six months in jail, fines, and possible probation.
  • Assault on a Peace Officer, Teacher, or Healthcare Worker: Enhanced penalties, including mandatory minimum sentences.

An assault conviction can have long-term effects, including difficulty finding employment, loss of firearm rights, and damage to reputation. Additionally, individuals with prior assault convictions may face enhanced scrutiny in future legal proceedings, making it even more essential to secure an aggressive defense strategy.

Repeat offenders face harsher penalties under Louisiana law. If an individual has prior assault convictions, the court may impose longer jail sentences and higher fines. In some cases, a repeat offender could face felony charges for what would otherwise be a misdemeanor. Judges often consider a defendant’s criminal history when sentencing and repeat offenses in criminal cases may result in enhanced penalties that significantly increase jail time or financial obligations.

Defenses Against Assault Charges

A strong defense strategy is critical when facing assault charges. Common defenses include:

Self-Defense – When Force is Legally Justified

Louisiana law recognizes self-defense when an individual reasonably believes they are in imminent danger of harm. If an individual acted in self-defense, they must prove that the use of force was necessary and proportionate to the threat. Surveillance footage, witness testimony, or expert analysis may all be used to strengthen a self-defense claim under criminal law.

False Accusations – How to Challenge Wrongful Claims

False accusations are not uncommon in assault cases. A skilled attorney can challenge the credibility of the accuser and present evidence that the alleged assault did not occur. Cross-examining witnesses and gathering alibi evidence can be essential steps in refuting false allegations.

Lack of Intent – Proving No Actual Threat Was Made

To be convicted of assault, the prosecution must prove that the defendant intended to threaten or harm the alleged victim. If there was no intent, the charge may be dismissed or reduced. Intent is a critical element of assault and demonstrating that the alleged actions were misinterpreted or lacked a genuine threat can lead to case dismissal.

Insufficient Evidence – Challenging the Prosecution’s Case

A conviction requires solid evidence. Our criminal defense lawyer could argue insufficient proof if the prosecution lacks credible witness testimony, video footage, or forensic evidence. Inconsistencies in witness statements or a lack of clear surveillance footage may be sufficient to cast doubt on the prosecution’s claims.

How a Louisiana Assault Lawyer Can Help

An experienced Louisiana assault attorney can negotiate with prosecutors to reduce or dismiss charges, especially in cases involving first-time offenders. A well-prepared defense may result in reduced sentencing, alternative penalties, or even dismissal before trial.

A defense attorney will:

  • Investigate the facts and legal issues surrounding the case
  • Collect and analyze evidence
  • Challenge the prosecution’s claims
  • Prepare expert witness testimony when necessary

Legal representation is essential in ensuring fair treatment. A skilled lawyer will protect your constitutional rights, challenge improper evidence, and argue for the best possible outcome.

Contact a Louisiana Assault Attorney Today

If you or a loved one are facing assault charges in Louisiana, you need experienced legal representation. Assault charges can have serious and lasting consequences. However, the right criminal defense attorney can guide you through the criminal justice system and help you fight for the best possible outcome.

At Whidden Criminal Defense, we, as lawyers, have extensive experience defending clients against assault charges. We understand Louisiana’s criminal laws and are committed to protecting your rights.

Call us now at 318-594-3592 for a free consultation and let us help you fight your charges.