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 battery in Louisiana? Under La. R.S. 14:33, battery is the intentional use of force or violence upon another person. It does not require an injury, and even offensive contact can qualify. 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.

A battery charge can come from something as minor as a shove during an argument. But the label carries weight. A conviction becomes part of your record, can affect your job and your rights, and can escalate quickly if the state believes a weapon was involved or the victim was in a protected category. The details of what actually happened matter.

I am Jarrett Ambeau. I have tried more than sixty felony jury trials to verdict. Whether a case is a misdemeanor battery or something more serious, I hold the state to its burden and protect your record.

Quick answers

• What it is: the intentional use of force or violence on another person, under La. R.S. 14:33.
• The penalty: simple battery is a misdemeanor, up to a $1,000 fine and up to six months in jail.
• The key issue: whether the contact was intentional and unjustified, and whether any aggravating factor applies.
• What to do first: avoid discussing the incident with police and talk to a lawyer before giving any statement.

What counts as battery in Louisiana?

Battery is defined broadly. It is the intentional use of force or violence on another, and it also covers the intentional administration of a poison or other noxious substance. There is no requirement that the victim be injured or even feel pain. Simple battery under La. R.S. 14:35 is a battery committed without the victim’s consent. The charge becomes far more serious when a dangerous weapon is involved, when serious injury results, or when the victim falls into a protected group.

Elements the State must prove

To convict of a battery, the state must prove beyond a reasonable doubt:

• Intentional conduct. That the contact was intentional, not accidental.
• Use of force or violence. That the defendant used force or violence on the victim, or administered a noxious substance.
• Without consent. For simple battery, that the victim did not consent to the contact.
• Identity. That the defendant, and not someone else, committed the act.

What happens after a battery arrest in Louisiana?

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

What are the defenses to battery?

The defenses that come up most often include:

• Self-defense. A person is allowed to use reasonable force to protect themselves, and the state must disprove justification.
• Consent. For simple battery, that the contact was consensual, such as in mutual combat or sports.
• No intent. That the contact was accidental rather than intentional.
• Misidentification. That someone else was responsible, especially in a chaotic scene with several people involved.
• Insufficient evidence. That the state cannot prove force or violence occurred at all.

How we defend a battery charge

A battery case often comes down to competing accounts 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 story and expose the gaps in it.

We also protect your record. A battery conviction can follow you, so where the facts allow, we push for the charge to be reduced or dismissed. Early, aggressive representation makes a real difference. It is what we do here at The Ambeau Law Firm.

Frequently asked questions

What is battery in Louisiana?

Under La. R.S. 14:33, battery is the intentional use of force or violence upon another person, or the intentional administration of a poison or noxious substance. It does not require an injury. Even offensive physical contact can qualify. Simple battery under La. R.S. 14:35 is a battery committed without the victim’s consent, and it is a misdemeanor.

What is the penalty for simple battery in Louisiana?

Simple battery under La. R.S. 14:35 is a misdemeanor punishable by a fine of up to one thousand dollars, up to six months in jail, or both. More serious battery charges, such as aggravated battery or battery of specific protected victims, carry much higher penalties, including the possibility of hard labor.

What is the difference between assault and battery in Louisiana?

They are separate crimes. Assault under La. R.S. 14:36 is an attempt to commit a battery, or placing someone in reasonable fear of receiving one. Battery under La. R.S. 14:33 is the actual use of force or violence on another person. In short, assault is the threat or attempt, and battery is the contact.

Can a battery charge be dropped if the victim does not want to prosecute?

Not automatically. In Louisiana the decision to prosecute belongs to the district attorney, not the alleged victim. A victim’s wishes may influence how the state proceeds, but the state can pursue a battery charge even over the victim’s objection. That is why having a lawyer engage with the prosecutor early can matter.

Talk to a Louisiana 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, such as a police officer? If you are facing a battery charge, do not wait. Check Jarrett’s availability for your case or call 225-330-7009.

Louisiana statute reference

Battery is defined at La. R.S. 14:33, and simple battery at La. R.S. 14:35. Statutes change, so verify the current text at the Louisiana State Legislature. Battery is the intentional use of force or violence upon the person of another, or the intentional administration of a poison or other noxious substance. Simple battery is a battery committed without the consent of the victim, punishable by a fine of not more than one thousand dollars, imprisonment for not more than six months, or both.

Source: La. R.S. 14:33 and 14:35.