Battery and Assault Defense

 

Have you been arrested for battery or assault in New Orleans?

Assault and Battery are very serious crimes under Louisiana Law that come with hefty penalties and long-term consequences. The prosecutor can bring charges of both Assault and Battery as either misdemeanors or felonies, depending on the facts of the case and the severity of the victim’s injuries. As a result, you should not take these criminal charges lightly or assume that you can handle the situation on your own. Turn to New Orleans attorney Elizabeth B. Carpenter who focuses her criminal defense practice throughout the communities of southern Louisiana. With a skilled Louisiana criminal lawyer on your side, you can learn about your legal rights, explore your options and develop the best defense strategy for your situation.

 

Difference Between Battery and Assault

Battery and Assault are related because they usually occur at the same time but they are two completely different crimes. Although the specific definitions vary, Battery is usually the actual act of violence, while Assault is usually the act of threatening to injure someone. In many cases, Battery results in actual physical harm to another person. However, in other cases, Battery simply involves offensive touching that the person does not want to occur.

 

Battery Offenses

  • Aggravated Battery
  • Second Degree Battery
  • Battery of a Police Officer
  • Battery of a School Teacher
  • Battery of a Correctional Facility Employee
  • Disarming of a Peace Officer
  • Simple Battery
  • Aggravated Second Degree Battery
  • Battery of the Infirm

 

Assault Offenses

  • Aggravated Assault
  • Aggravated Assault on a Peace Officer
  • Aggravated Assault with a Firearm
  • Unlawful Use of a Laser on a Police Officer
  • Assault on a School Teacher
  • Simple Assault
  • Assault with a Motor Vehicle

 

Battery and Assault Penalties Louisiana

If you are convicted of Assault and Battery in Louisiana you may face jail time, probation, large fines, restitution payments and counseling. Several factors determine whether an Assault or Battery charge is a misdemeanor or a felony, and, thereby, the severity of the penalty imposed. The events that led to the incident at issue, the seriousness of the victim’s injuries, the involvement of a deadly weapon, the age of the victim and the motivation behind the incident all contribute to the determination of the appropriate sentence for an Assault or Battery charge.

Depending on the situation, incidents that constitute Assault or Battery may involve civil penalties that can significantly limit your freedom and activities. For example, a civil protective order will cause you to lose your right to carry or purchase a gun. Additionally, an incident that causes serious injuries to the victim may subject you to a civil lawsuit for the purposes of recouping the financial costs of the injuries, such as medical bills and lost wages.

Many Assault or Battery offenses are labeled crimes of violence in Louisiana and therefore, do not offer the ability to have the conviction expunged later.  These crimes can have significant, life-altering consequences, including financial liability, a permanent black mark on your criminal history, restriction on free movement and even loss of freedom.

 

Contact: Battery and Assault Attorney New Orleans

Do not gamble with your reputation and freedom by attempting to resolve an Assault or Battery charge yourself.  Building a strong strategy to defend against these charges is complex and requires great skill and experience. Place yourself in the best possible position for a good resolution by getting the assistance of a New Orleans Battery and Assault attorney Elizabeth B. Carpenter. Contact our office today to schedule a consultation – (504) 599-5955. Available 24/7!