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Are you or a loved one facing an assault or battery charge in Lafayette?
At the Ikerd Law Firm, we understand the unique complexities of the Louisiana legal system when it comes to battery and assault charges, particularly in the Lafayette courts. Our team of experienced attorneys is dedicated to protecting the rights of every client.
Our team of assault and battery defense attorneys is devoted to fighting for your rights and freedom. We are dedicated to giving you the individualized service and attention you deserve.
Our experience, knowledge, and drive make us the perfect partner to stand in your corner during this difficult time.
We’ll use our deep understanding of Louisiana law to make sure your rights are protected, fighting for your innocence every step of the way.
Don’t let an assault or battery criminal charge derail your future – get the experienced and dedicated representation you need today with the Ikerd Law Firm. No matter what the circumstances, we’ll be there for you every step of the way.
Call us today for a case review.
Assault and battery are criminal charges that refer to either physical acts of violence or threats of physical violence.
Under Louisiana law, assault is defined as the threat of physical harm or an attempt to physically harm another person, regardless of whether or not physical contact is made. It is generally punishable as a misdemeanor, but can be charged as a felony if a deadly weapon is used or if the victim is a protected class (such as a child or elderly person). La. R.S. 14:36 (Assault Defined)
Battery is the intentional and unlawful use of physical force or violence against another person. It is important to note that battery DOES NOT require bodily harm or injury. Battery only requires intentional physical contact without consent. The amount of injury, if any, is only relevant to the grade offense, not whether a battery occurred.
This leads to a lot of confusion. Battery charges can range from misdemeanor to aggravated felony. Generally, the more force and injury, or where a dangerous weapon is used, the more serious the grade of offense. Battery only requires intentional physical contact without consent. The amount of injury, if any, is… La. R.S. 14:33 (Battery Defined)
The law can be difficult for individuals to navigate, with unique terminology, legalese, and nuances. We are here to help clients understand their situation and charges in plain terms.
In the state of Louisiana, anyone intending to, or threatening to cause harm to another individual is said to have committed assault. In other words, no one needs to actually be harmed or even “touched” in order for you to be charged with assault.
The law only requires an accused to “intentionally place another person in a reasonable apprehension of receiving a battery.”. An assault is often called an “attempted battery.”
Battery, on the other hand, is a charge that requires “touching” or physical contact. That contact must also be “intentional” and be considered a “use of force or violence.” Technically, the person being touched does not have to be harmed or injured to qualify as a simple battery.
In practice, however, when a battery becomes a criminal act, there will be injury and/or the use of a dangerous weapon. The type of battery charge increases depending on the damage caused.
For example, if you attempted to harm someone but were unsuccessful, or if you threatened to harm someone but did not follow through with that threat, that would be assault. However, once physical contact has occurred, the charge will qualify as a battery, which can span a wide range of injuries from a simple slap to serious bodily harm.
Both assault and battery are serious crimes and can carry significant consequences, including imprisonment and fines. Furthermore, they are considered “violent” crimes and can have collateral consequences down the road that may impact how a future prosecutor sees your case, how a future judge determines your sentence, or even how a future employer evaluates you as a potential employee.
If you have been accused of assault or battery, it is important to seek the advice of a criminal defense attorney as soon as possible to protect your rights and interests. Often times these claims are filed because of a personal misunderstanding or grudge.
The most crucial time to investigate an assault or battery charge is the immediate aftermath. Maybe before you or your loved one is even arrested. An experienced attorney can work fast to investigate what happened, get videos and photographs of the alleged incident, talk to witnesses, lock in their stories so they do not change later, and much more.
Do not wait to contact an experienced assault and battery attorney because you may not have the opportunity to collect this crucial information in the future. Your criminal record and freedom may depend on how fast you seek help.
The potential penalties for an assault and battery conviction in Lafayette, Louisiana will depend on the specific circumstances of the case and the severity of the charges.
Like a battery, the assault statutes are “escalating” charges, meaning that the more serious the alleged assault is, in terms of the threat, the more serious the potential sentence you may receive if found guilty. Assaults can range from a misdemeanor to an aggravated felony offense and have serious consequences for you in the future.
Most people are charged with crimes of the Louisiana State statutes and are prosecuted in District Courts. Those crimes can be both misdemeanors and felony charges. Below is a list of some of the assault and battery charges and the potential sentences for each:
|
Charge |
Key Elements | Type |
Potential Sentence |
| Simple Assault (La. R.S. 14:38) |
Attempted battery without weapon | Misdemeanor | Up to 90 days in jail |
| Aggravated Assault (La. R.S. 14:37) |
Dangerous weapon | Misdemeanor | Up to 6 months in jail |
| Assault by Drive-By Shooting (La. R.S. 14:37.1) |
Firearm discharged from motor vehicle | Felony | 1-5 years in jail without the benefit of suspension of sentence |
| Aggravated Assault upon a Peace Officer (La. R.S. 14:37.2) |
Police officer acting in course and scope of police duties | Felony | 1-10 years in jail |
| Aggravated Assault with a Firearm (La. R.S. 14:37.4) |
Firearm used | Felony | Up to 10 years in jail |
| Domestic Abuse Aggravated Assault (La. R.S. 14:37.7) |
Dangerous weapon used upon another household member | Felony | 1-5 years at hard labor |
|
Charge |
Key Elements | Type |
Potential Sentence |
| Simple Battery (La. R.S. 14:35) |
Force or Violence | Misdemeanor | Up to 6 months in jail |
| Aggravated Battery (La. R.S. 14:34) |
Dangerous weapon | Felony | Up to 10 years in jail |
| Second Degree Battery (La. R.S. 14:34.1) |
Serious Bodily Injury | Felony | Up to 8 years in jail |
| Aggravated Second Degree Battery (La. R.S. 14:34.7) |
Dangerous Weapon that Inflicts Serious Bodily Injury | Felony | Up to 15 years in jail |
There are many other assault and battery charges, including Domestic Abuse Battery, where the first offense for that charge is a misdemeanor, but subsequent offenses can become felony offenses. That is why it is important to get an attorney who knows how to handle these cases on the front end and help prevent an otherwise misdemeanor charge from becoming a felony charge. Do not wait until it is too late to prevent a felony conviction.
Some local cities and towns have their own criminal statutes and city court judges are authorized to impose some misdemeanor sentences. As an example, Lafayette City Court can impose punishment for violations of Lafayette City’s local ordinance sec. 62-78 (Assault), which allows for the prosecution of either a Simple Assault (up to 90 days in jail) or an Aggravated Assault (up to 6 months in jail). City Courts have different procedures and operations.
If you have charges in any City Court in South Louisiana, contact the experienced team at the the Ikerd Law Firm to learn what options you have to defend yourself.
It is important to note that these are general guidelines and that the specific penalties for an assault and battery conviction in Lafayette, Louisiana will depend on the specific circumstances of the case.
If you have been accused of assault or battery, it is important to seek the advice of a criminal defense attorney as soon as possible to understand the potential consequences of a conviction and to protect your rights and interests.
There are several reasons why you might hire an assault and battery criminal defense attorney:
Overall, hiring a criminal defense attorney who knows how to handle assault and battery charges can be crucial in protecting your rights, minimizing the consequences of a criminal charge, and ensuring that you receive a fair trial.
The criminal justice system is complex and intimidating, but you do not have to face it alone.
Facing charges of assault and battery can be especially overwhelming and frightening. For those in this position, the possibility of serious and long-term consequences looms large.
One of the most important steps someone can take in these circumstances is to hire a qualified Lafayette area defense attorney who is knowledgeable in criminal law.
Let our team go to work on your case. Our team will aggressively pursue justice for your good name and will leverage our extensive resources to defend you inside and outside of court.
Call or message today for a no-cost initial consultation and to see how we can help.
In Louisiana, assault and battery are distinct crimes. La. R.S. § 14:36, La. R.S. § 14:33. However, in some states, like Texas, the assault and battery statutes are combined, even if the elements are different. See Texas Penal Code – PENAL § 22.01 (Assault).
A battery occurs whenever there is non-consensual physical contact. It is the intentional and unlawful use of physical force or violence against another person. Battery only requires general intent, not specific intent. The essential element is physical contact.
Without physical contact, even attempted physical contact, there is no battery under Louisiana law.
Assault does not require physical contact. A threat of physical harm or attempt to physically harm someone (swing and miss) may be sufficient to prove assault. Thus, there are two ways to commit an assault:
Depending on which theory of assault the state is trying to prove, the mental intent changes between the parties.
In the first scenario (above), the mental impression of the victim is paramount, while in the second, the mental intent of the defendant is key.
There are numerous grades for both assault and battery. The more serious the interaction is regarding the potential for harm and loss of life, the more serious the grade of offense.
As an example, using a deadline weapon to scare someone or hit them (aggravated assault and aggravated battery) is more serious than when there is no weapon involved.
The potential penalties for assault and battery charges depend on the grade of the offense. Below is a list of the most common grades of offense and their sentencing ranges:
Assault
Battery
Note that there are many other versions of assault and battery, which themselves have different sentences depending on the number of prior convictions for the same offense, particularly crimes involving domestic abuse or dating partners.
In the context of a criminal proceeding, victims of assaults and battery do not receive “compensation.” Compensation is a context that is relevant to the civil justice process.
Thus, a victim of an assault and/or battery may file a civil suit for those intentional torts and be compensated for their pain and suffering, as well as other medical bills and special damages.
The criminal process does allow for “restitution” to be paid to victims, however. Restitution does not typically include pain and suffering. Instead, it includes reimbursement for expenses the victim paid as a result of being assaulted or battered.
This can include medical expenses for hospital and doctor visits, mental health counseling, physical rehabilitation, and other expenses.
There are primarily two major defenses to assault and battery charges: consent and justification.
There may be other defenses available as well. Each case is unique and requires an experienced attorney to review for novel issues and defenses.
Even though Louisiana defines a battery as the “intentional use of force or violence” on someone, most battery charges only require general intent, not specific intent. In other words, the state does not have to prove the person accused of battery actively desired the criminal consequences of using force or violence.
Instead, the state must only prove the defendant would have been reasonably certain their actions would have resulted in criminal consequences when they acted.
One exception to this rule is second-degree battery, which is a specific intent crime because of the added element of “intentionally inflicting serious bodily injury.” In other words, the perpetrator does not want to simply hit the victim; they must want to cause significant harm.
The jurisprudence has interpreted the crime of second degree battery as a specific intent crime: “Second degree battery is a specific intent crime and therefore, the evidence must show that the defendant intended to inflict serious bodily injury.” State v. Broadway, 53,105, p. 7 (La.App. 2 Cir. 1/15/20); 288 So.3d 903, 908, writ denied, 20-372 (La. 7/24/20), 299 So. 3d 78.
State v. Williams, 20-0605 (La. App. 3 Cir. 11/03/21); 329 So. 3d 938, 953.
An assault charge may require a showing of either specific or general intent, depending on which theory of assault the state attempts to prove. There are two ways to commit an assault, and the level of intent required to be proven is:
Intent may be inferred from the circumstances of the case. As an example, how badly someone is battered may provide a jury with guidance on the mental intent of the perpetrator, especially if there is a repeated battery, as opposed to a one-time incident with an immediate apology.
