Assault vs. Battery

You may often hear the terms assault and battery used interchangeably, but in Louisiana, they represent two distinct legal concepts. The classification of these crimes can vary depending on the circumstances, and they may be charged as either misdemeanors or felonies. The involvement of a weapon can elevate a felony to a more severe classification, which can significantly impact sentencing guidelines.

What is Simple Battery?

Simple battery is defined as the unlawful touching of another person without their consent. This can range from a minor push to a physical altercation like a fistfight. However, if the battery results in serious injury, such as knocking someone unconscious or causing broken bones or permanent scarring, it becomes second-degree battery, which is classified as a third-degree felony. This escalation has a significant impact on sentencing and probation terms.

If a dangerous weapon is used during the incident, the battery may also be classified as a third-degree felony, carrying severe consequences, including possible jail time. In extreme cases, serious injuries can elevate a battery charge to attempted murder, leading to lengthy prison sentences. Additionally, domestic battery charges can range from misdemeanors to felonies, each with unique implications for bonds, expungements, and jail sentences.

If you’ve been charged with any form of battery, it’s crucial to consult an attorney to fully understand the potential legal consequences and available options.

What is Simple Assault?

Simple assault involves the threat of imminent bodily harm to another person and is typically classified as a misdemeanor. This threat can be verbal or physical, but if it involves brandishing a weapon or discharging a firearm in someone's direction, the assault charge can escalate to a serious felony, with mandatory jail time. Other factors, such as using a vehicle or being near sensitive locations like schools, can also affect how the assault is classified.

The higher the classification of the assault charge, the more severe the potential jail sentence. If you’ve been charged with any form of assault, it’s essential to contact an attorney immediately to explore your options and discuss the possibility of expunging the charge if you plead guilty.

Why You Need an Experienced Attorney

Crimes like assault and battery can start as minor incidents but be charged in ways that lead to serious felony consequences. It's critical to have an experienced lawyer by your side who understands the complexities of the judicial system and can work to minimize the legal ramifications of your charge. Call me today to discuss your options. 504-300-8338! Remember … When No One’s Carin’ Call McLaren!