Aggravated assault in Louisiana is a misdemeanor offense. There are felony grades of aggravated assault that are determined based on the alleged facts.
Whoever commits an aggravated assault shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both. If the offense is committed upon a store's or merchant's employee while the offender is engaged in the perpetration or attempted perpetration of theft of goods, the offender shall be imprisoned for not less than one hundred twenty days without benefit of suspension of sentence nor more than six months and may be fined not more than one thousand dollars.
Yes, if convicted, you can get probation for aggravated assault in Louisiana. The judge may order you to pay a fine and court costs, and perform community service as well. Anger management classes may be ordered by the judge as a condition of probation.
Aggravated assault is an assault committed with a dangerous weapon.
Yes. Aggravated assault is a crime of violence in Louisiana.
The most common defense to aggravated assault is that it didn’t happen. Many times, assault cases are he said, she said cases. The judge can determine the credibility of the witnesses and choose who to believe or who not to believe. However, if witnesses are present, they may testify as well. Another defense is that the defendant did not use a dangerous weapon during the assault. It is possible that an assault occurred, however a dangerous weapon wasn’t meant to be involved in the assault, therefore, making the assault a simple assault instead.
Aggravated assault is a criminal charge in Louisiana in which the officer may an arrest. However, he can also issue a misdemeanor summons as well. The charge is still just as serious if you receive a summons versus an arrest. The officer might issue the summons instead if he is confident the defendant won’t be in contact with the victim again. More often, the defendant is arrested for aggravated assault.
Yes, there is a civil claim for assault. If you get served with a petition for damages, then contact a lawyer immediately to file an answer.
No, an aggravated assault conviction in Louisiana is a charge that cannot be expunged. If the aggravated assault arrest results in a dismissal or reduced charge, we may be able to expunge the arrest and conviction, depending on the conviction. The process of removing an arrest or conviction from an individual’s criminal record is called an expungement. The defendant must file a Motion to Expunge the record to remove the entry. Our criminal defense attorneys can help with that process. The expungement process can be complicated because everyone’s circumstances are different. There are various laws regarding eligibility to expunge a record.
If you need a lawyer for Aggravated assault in Baton Rouge, Louisiana, Carl Barkemeyer may be able to help. He has defended clients charged with Aggravated assault in Louisiana for over 14 years. He is a criminal defense attorney in Baton Rouge that defends clients charged with Aggravated assault in most parishes and cities in Louisiana. Hiring the best defense lawyer for Aggravated assault is the first decision you should make after receiving the charge. Do not wait until you start going to court for the Aggravated assault in Louisiana. If you can, hire your criminal lawyer immediately after you’ve been arrested so he can start to try to get you the best resolution possible. Contact our Aggravated assault lawyer in Louisiana by calling (225) 964-6720.
§36. Assault defined
Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.
Acts 1978, No. 394, §1.
§37. Aggravated assault
A. Aggravated assault is an assault committed with a dangerous weapon.
B. Whoever commits an aggravated assault shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
C. If the offense is committed upon a store's or merchant's employee while the offender is engaged in the perpetration or attempted perpetration of theft of goods, the offender shall be imprisoned for not less than one hundred twenty days without benefit of suspension of sentence nor more than six months and may be fined not more than one thousand dollars.
Acts 1978, No. 394, §1; Acts 1992, No. 985, §1.
H. Taylor - Baton Rouge, Louisiana