Gretna Assault & Battery Lawyer
Assault and battery are two crimes that cause much confusion. Many people believe these acts are charged as one offense, but that is not true. While assault and battery charges are often laid at the same time, they are classified as two different crimes. If you have been charged with either, it is critical that you speak to a Gretna assault & battery lawyer who can protect your rights and give you the best chance of beating the charges.
Battery Charges in Gretna
Battery is a criminal offense that occurs when someone uses violence or force against another person without their consent. For example, if two people were play-fighting and someone actually became hurt, that may not be a crime because both people consented to the act. Simple battery is typically classified as a misdemeanor but it is still punishable by up to six months in jail and a $1,000 maximum fine. If a dangerous weapon is used in the act the charge is upgraded to aggravated battery. Aggravated battery is punishable by up to ten years in prison and a $5,000 maximum fine.
Assault Charges in Gretna
Assault occurs before battery. Assault occurs when a person threatens to commit battery on another person, or they make another person fear for their safety. Simple assault is also usually classified as a misdemeanor and is punishable by up to 90 days in jail and a $200 maximum fine. Like battery, assault charges can be upgraded to aggravated assault when a dangerous weapon is used. Aggravated assault is punishable by up to six months in jail and a $1,000 maximum fine.
Domestic Abuse Aggravated Assault
Domestic abuse aggravated assault is taken very seriously by both law enforcement and the courts throughout Louisiana. Domestic abuse aggravated assault is defined as a member of a household assaulting another member of the household while using a dangerous weapon. Domestic abuse aggravated assault is punishable by a $5,000 maximum fine and between one and five years in prison.
Assault, Battery, and Protected Classes
When the victim of assault or battery is in a protected class, the crime becomes much more serious. The penalties are also much harsher. Protected classes in assault and battery charges include police officers, military and disabled veterans, shopkeepers, and utility workers. Harsher penalties may also apply when a firearm is used and in cases that involve drive-by shootings. These cases usually carry longer prison sentences and higher fines.
Our Assault and Battery Lawyer in Gretna Can Help with Assault and Battery Charges
If you or your loved one is facing charges, our Gretna assault and battery lawyer can help. At the Law Office of Robert S. Toale, our experienced attorney has a long track record of helping clients successfully beat their charges and we will put that expertise to work for you. Call or text us now at 504-370-9233 or chat with us online to schedule a free review of your case and to learn more about how we can help.