Assault and battery are related but different crimes. In Louisiana, assault and battery without weapons are typically charged as misdemeanor offenses punishable by jail time and substantial fines. However, depending on the victim and circumstances of the case, assault and battery charges may be classified as felony offenses.

What is the difference between assault and battery?

• Assault is when a person commits an act that puts a victim in reasonable apprehension of harmful or offensive contact.
• Battery is when someone commits an act that inflicts harmful or offensive contact on the victim.

There are varying assault and battery charges a person may face, and they all carry significant legal consequences. The most common types of battery and assault charges are

• Simple Battery
• Aggravated Assault and Battery
• Domestic Abuse Battery
• Second-Degree Battery
• Aggravated Assault
• Sexual Assault

An experienced criminal defense attorney can help you prepare the best legal defense possible if you are accused of assault, battery or both.

The facts of an assault or battery case are often not clear-cut. Often police will charge everyone involved and sort it out later if the facts or situation is unclear. If you are charged with any type of battery or assault, it is important to talk to a defense attorney. Your defense attorney may locate security footage, witnesses or important documents that will be pivotal in fighting your charges. 

The court may impose more jail time if an assault or battery is committed against certain victims, including but not limited to 

• Disabled people
• Elderly people
• Law enforcement officers
• Correctional officers
• School employees (if the offender is a student)
• Athletic contest officials, such as referees or umpires
• Bus or cable car operators employed by a public transportation system
• Emergency room personnel
• Healthcare professionals
• Child welfare employees
• Adult protective services employees

The court may be required to impose a minimum jail sentence in cases involving victims of these types. Further, the court may be prohibited from suspending any jail time, which means the offender will be required to serve time in jail without the opportunity to serve time on probation.

What is Assault?

Assault is an attempt to cause physical injury to another person or any intentional act or threat of action that reasonably causes a person to fear for their safety. 

Simple assault is a threat to physically injure another person with an apparent and present ability to do so or any intentional act that reasonably causes a person to fear imminent violence. An attempt to injure a person may be charged as assault. 

For example, swinging to punch another person and missing, is considered simple assault. 

Aggravated assault is using a dangerous weapon to threaten to hurt someone or to attempt to hurt someone. Any object may be considered a dangerous weapon if its purpose is to inflict serious harm. The law may regard a knife, baseball bat, or even a wine bottle as a weapon. 

For example, holding a baseball bat and threatening to hit someone with it is aggravated assault. 

Aggravated assault is a misdemeanor offense in Louisiana. A conviction of aggravated assault may lead to the following:

• A fine of up to $1,000
• Imprisonment for up to 6 months
• Both a fine and imprisonment

Felony Assault Charges

Some types of assault charges are classified as violent crimes and felony offenses in Louisiana. The following types of aggravated assaults are felonies and carry specific punishments. 

Aggravated assault with a firearm is the use of a firearm to threaten to hurt someone or to attempt to hurt someone. Aggravated assault with a firearm is considered a violent crime in Louisiana and is a felony offense that may lead to:

• A fine of up to $10,000
• Imprisonment for no more than 10 years (with or without hard labor)
• Both a fine and imprisonment

Assault committed with a motor vehicle against a peace officer acting in the performance of his duties 

• A fine of up to $5,000
• 1-10 years in prison with or without hard labor
• Both a fine and imprisonment

Assault on a school employee acting in the performance of his duties by an offender who is not a student

• A fine of up to $2,000
• 1-3 years in prison, with or without hard labor
• Both a fine and imprisonment 

Assault by adding a harmful or poisonous substance to food, drink, or medicine with the intent to injure the victim

• A fine of up to $1,000 
• 2 years in prison with or without hard labor
• Both a fine and imprisonment

The exact sentence that a person convicted of assault may face upon a conviction depends on the circumstances of the case, including the victim's identity and the degree of the victim's physical injury.

What is Battery?

In Louisiana, battery is the intentional infliction of force against another person. To convict someone of battery, the court must prove that there was actual contact between the parties involved. 

Hitting or striking someone with an object is considered battery. If the object does not make contact with the person, the crime is considered an assault. 

The difference between the types of battery charges depends mainly on the offender's methods, the victim's status or the repeated nature of the offender's act. 

Simple battery is touching another person intentionally or applying offensive force on another person's body without their consent. The application of force must be classified as offensive or result in physical injury to the person.

Domestic abuse battery is a battery committed against a household member. A household member includes a person of the opposite sex with whom the offender lives as a spouse or lived with at any time during the five years before the offense, a child with whom the offender resides or resided in the five years before the offense, and a child of the offender whether the child lives with the offender or elsewhere. Domestic abuse becomes a felony when it is:

• The perpetrator's second (or greater) domestic abuse battery
• The victim is pregnant and the offender knows of the pregnancy
• The battery involves strangulation

Aggravated battery is violent and unconsented physical contact made with another person using a dangerous weapon or any gas, liquid or other substance which is likely to result in death or great bodily harm to a person.

Second-degree battery is the act of deliberately and willingly inflicting serious bodily injury on another person without the use of a weapon or firearm. Second-degree battery involves the exposure to serious risk of death, physical harm or injury involving unconsciousness, disfigurement, severe pain, or any other loss or impairment of the body and limbs as well as the victim's mental faculties.

Aggravated second-degree battery is the act of deliberately and willingly inflicting serious bodily injury on another person using a dangerous weapon. 

In Louisiana, aggravated battery, second-degree battery and aggravated second-degree battery are considered felony offenses since the conviction of these crimes would result in imprisonment of more than one year. Simple battery is a misdemeanor offense.

What is the sentence for an assault or battery conviction?

If you are convicted of assault or battery in Louisiana, your sentence will depend on the facts of the case, criminal history, legal representation and other factors. Misdemeanor battery and assault convictions carry lesser punishments than felony crimes like second-degree battery and aggravated assault with a firearm. 

The distinction is important because if the assault or battery is considered a crime of violence and the defendant is sentenced to serve time in prison, they must complete 85% of the sentence. Additionally, a person convicted of a crime of violence cannot receive a deferred, or suspended, sentence under Article 893.

Simple battery is a misdemeanor offense and may be penalized by imprisonment for up to six months and a fine of no more than $1,000. 

The following types of battery are classified as felonies in Louisiana:

• Aggravated battery is a felony offense punishable by up to ten years in prison, with or without hard labor or a fine not exceeding $5,000, or both.
• Second-degree battery is a felony offense punishable by up to 8 years in prison, with or without hard labor or a fine reaching $2,000, or both.
• Aggravated second-degree battery is a felony with a potential sentence of up to 15 years in prison.

The following types of assault are classified as felonies in Louisiana: 

• Assault committed with a motor vehicle against a peace officer acting in the performance of his duties is a felony offense. A conviction may result in a fine up to $5,000 or one to ten years in prison with or without hard labor, or both.
• Assault on a school employee acting in the performance of his duties by an offender who is not a student is a felony offense. A conviction may result in a fine up to $2,000 or one to three years in prison, with or without hard labor, or both. 
• Assault by adding a harmful or poisonous substance to food, drink, or medicine with the intent to injure the victim is a felony offense. A conviction may result in a fine up to $1,000 or two years in prison with or without hard labor, or both.

Restitution

In Louisiana, a person convicted of assault or battery is required to pay restitution. This means the defendant will be required to reimburse the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling.

Facing Assault or Battery Charges in Louisiana?

If you or a loved one has been charged with assault or battery in Louisiana, you need an experienced attorney to guide you through the legal process. The Ambeau Law Firm has successfully represented hundreds of clients in assault and battery cases throughout South Louisiana. Call 225-330-7009 today for a free consultation. Our team of Louisiana criminal defense attorneys is ready to fight for you.

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