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New Orleans Criminal Lawyer > Blog > Criminal Defense > Understanding the Difference Between Assault And Battery

Understanding the Difference Between Assault And Battery

Assault and battery are both crimes of violence in Louisiana. Both can be charged as misdemeanors or assault, depending on the circumstances and the nature of the crime. Both should be taken seriously, as a criminal conviction for either assault or battery can lead to serious consequences for you and your family.

What Is The Legal Meaning Of Battery?

If you intentionally use force or violence against another person without their permission, you may have committed a battery under Louisiana law. Battery can be charged as a misdemeanor known as simple battery carrying the potential for a fine of up to $1,000 and a jail term of up to 6 months. It can also be defined as an aggravated battery, if committed with a dangerous weapon. Even a first offense of aggravated battery can land you in prison for up to 10 years and carry a fine of $5,000.

What Is The Legal Meaning Of Assault?

Typically, an assault is an attempt to commit a battery. It can also occur if you intentionally make another person think you will commit a battery against them. Simple assault is an assault committed without the use of a dangerous weapon. It is punishable by a fine of up to $200 and a prison term of up to 90 days. Aggravated assault is any assault committed with a dangerous weapon. It is punishable by a fine of up to $1,000 and a jail term of up to 6 months.

Domestic Abuse Aggravated Assault

When one household member commits an assault with a dangerous weapon against another household member, it may fall within the definition of domestic abuse aggravated assault. This form of aggravated assault is punishable by a minimum prison sentence of 1 year and a maximum of 5 years, as well as a fine of up to $5,000.

Other Factors In Assault And Battery Cases

Louisiana law has specific definitions and punishments for crimes involving assault or battery. Drive-by shooting, assault on military members or disabled veterans, assaults with a firearm, assaults targeting peace officers, shopkeepers, or utility workers, and other situations all carry their own penalties.

The Result Of Force Or Violence

The outcome of the violent incident has a bearing on whether charges will be for battery or something more serious. The same conduct that leads to a battery charge in one case could result in a homicide charge in the next case if the victim succumbs to the wounds suffered. All violent crimes require a careful and experienced defense.

Do Not Waste Time If You’re Facing Charges For Assault Or Battery

In addition to the fines and jail time attached to a conviction, a criminal record can seriously damage your future. If you have been charged with assault, battery or another violent crime, you should contact a criminal defense lawyer as soon as possible.

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