Assault and Battery Defense in Louisiana

Written by Jarrett Ambeau, trial attorney, court-qualified forensic DNA expert, and lead counsel at The Ambeau Law Firm.

What is the difference between assault and battery in Louisiana? Assault under La. R.S. 14:36 is an attempt to commit a battery or placing someone in reasonable fear of one. Battery under La. R.S. 14:33 is the actual use of force or violence. In short, assault is the threat and battery is the contact, and one incident can involve both.

Assault and battery charges often grow out of a single heated moment, a fight at a bar, an argument that turned physical, a confrontation between neighbors. The law treats the threat and the contact as separate offenses, and it treats them very differently depending on whether a weapon was involved or someone was hurt. What actually happened, and in what order, drives the whole case.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict. I hold the state to its burden on every element and work to protect your record from a charge that started with one bad moment.

Quick answers

• Assault: an attempt to commit a battery, or placing someone in reasonable fear of one (La. R.S. 14:36).
• Battery: the intentional use of force or violence on another person (La. R.S. 14:33).
• The penalties: simple assault, up to $200 and 90 days; simple battery, up to $1,000 and six months; aggravated versions are far more serious.
• What to do first: do not discuss the incident with police and speak to a lawyer before making any statement.

What counts as assault and battery in Louisiana?

Assault does not require any physical contact at all. Under La. R.S. 14:36, it is enough to attempt a battery or to intentionally put someone in reasonable fear of being struck. Battery, under La. R.S. 14:33, requires the actual intentional use of force or violence, though no injury is necessary. Simple assault and simple battery are misdemeanors. The charges escalate to felonies when a dangerous weapon is used or the victim is in a protected category.

Elements the State must prove

Depending on the charge, the state must prove beyond a reasonable doubt:

• For assault: an attempt to use force, or the intentional placing of the victim in reasonable fear of a battery.
• For battery: the intentional use of force or violence on the victim.
• Without consent or justification. That the victim did not consent and the conduct was not justified.
• Identity. That the defendant, not someone else, committed the act.

What happens after an assault or battery arrest in Louisiana?

Say a man named Joe is arrested after a fight. For a misdemeanor assault or battery, he may be released on a summons or a modest bond after his initial appearance. If the state pursues a felony-grade charge and he is held, it generally has sixty days to bring formal charges. Then arraignment, motions, and, if needed, trial. The motions phase is where we test the evidence and challenge whether the state can prove intentional, unjustified conduct.

What are the defenses to assault and battery?

The defenses that come up most often include:

• Self-defense. Reasonable force to protect yourself, which the state must disprove.
• Defense of others or property. Acting to protect another person or, in limited circumstances, property.
• No intent. That contact was accidental, or no reasonable fear was actually created.
• Consent. For simple battery, that the contact was mutual or consented to.
• Misidentification. That someone else was responsible in a chaotic multi-person scene.

How we defend an assault or battery charge

These cases usually turn on competing versions of a short, chaotic event. We gather the evidence, talk to witnesses, and look for video, and we build the timeline the state would rather ignore. With more than sixty felony jury trials to verdict, we know how to test a witness’s account and expose its gaps.

We also fight to protect your record. Where the facts allow, we push for reduction or dismissal, because a conviction for a moment of conflict should not define your future. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is the difference between assault and battery in Louisiana?

They are two separate crimes. Assault under La. R.S. 14:36 is an attempt to commit a battery, or intentionally placing someone in reasonable fear of being struck. Battery under La. R.S. 14:33 is the actual, intentional use of force or violence on another person. Assault is the threat or attempt; battery is the physical contact. A single incident can involve both.

Is assault a felony in Louisiana?

Simple assault under La. R.S. 14:38 is a misdemeanor, punishable by a fine of up to two hundred dollars or up to ninety days. But assault with a dangerous weapon, or aggravated assault, is treated far more seriously, and some forms of assault against protected victims are felonies. The specific facts and any weapon involved control the grade.

What are the penalties for simple battery and simple assault?

Simple battery under La. R.S. 14:35 is a misdemeanor carrying up to a one thousand dollar fine and up to six months in jail. Simple assault under La. R.S. 14:38 is a misdemeanor carrying up to a two hundred dollar fine and up to ninety days. Aggravated versions, involving a weapon or serious injury, raise the exposure substantially, including possible hard labor.

Can I claim self-defense to an assault or battery charge?

Yes, self-defense is one of the most common and effective defenses. A person is allowed to use reasonable force to protect themselves from an imminent threat. When self-defense is raised, the state must prove beyond a reasonable doubt that the conduct was not justified. The facts about who started the confrontation and what force was used become central.

Talk to a Louisiana assault and battery defense lawyer

A few quick questions help us understand your situation: Has an arrest already happened? Was a weapon or serious injury involved? Is the alleged victim in a protected category? If you are facing an assault or battery charge, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

Assault is defined at La. R.S. 14:36 and battery at La. R.S. 14:33. Statutes change, so verify the current text at the Louisiana State Legislature. Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery. Battery is the intentional use of force or violence upon the person of another. Simple assault is punishable by up to a two hundred dollar fine and ninety days; simple battery by up to a one thousand dollar fine and six months.

Source: La. R.S. 14:33, 14:35, 14:36, and 14:38.