Assault vs. Battery

Many times you hear these terms used interchangeably. This is because in other states they have different meanings and/or are combined to describe an incident. In Louisiana, they are two entirely different ideas. Depending on the facts or circumstances they may be classified as either a misdemeanor or felony. If a weapon is involved, it may elevate the felony to a second class felony. This is important because the sentencing guidelines change depending on the classification of the felony. 

A simple battery is the unlawful touching of another without that person’s consent. This would be anything from a push to your typical fist fight. However, if during the fight you knock someone out or break a bone that causes permanent damage or scarring then the battery would become a second degree battery and would be classified as a third class felony. This is important because it changes sentencing and probation terms. If the battery is the result of a dangerous weapon being used this would also classify the felony as a third class felony and would have serious implications for probation versus jail. Serious injuries can jump a battery charge up to an attempted murder charge, and can result in lengthy jail sentences. There are also domestic battery definitions that range from misdemeanor to felonies. These carry serious implications with respect to bonds, expungements, and jail sentences. You should absolutely contact an attorney if you have been charged with any form of battery to discuss all of the implications and options available. 

A simple assault is the threat of imminent bodily harm to another. This is a misdemeanor charge, but some assaults classify as felonies. This can be through words or actions that make another think they are about to be hurt. However, if the threat is accomplished by brandishing a weapon, or firing a gun in a person's direction then the assault becomes a serious felony, and you are facing mandatory jail time. The involvement of vehicles, locations, and being close to certain places like schools can also change how the assault might be charged. The higher the classification of the assault then the more lengthy jail sentence that is attached. You need to speak with an attorney immediately if you have been charged with any form of assault. The options available to you need to be discussed as well as the possibility of being able to expunge the charge if you enter a plea of guilty. 

Crimes can start out as tiny events and be charged differently and in ways that make them serious felonies with serious consequences. It is always important to have a seasoned experienced lawyer who can navigate the judicial system for you and who can help minimize any consequences of the charge. Call me today to discuss your options. 504-300-8338! Remember … When No One’s Carin’ Call McLaren!