Often times, the crime of assault is confused with the crime of battery. Additionally, there are many different forms of assault that range from misdemeanors to felonies. An assault in Louisiana is defined as an attempt to commit a battery, or the intentional placing of another in the reasonable apprehension of receiving a battery, in other words, making another believe he/she is about to receive a battery. Assault differs from a battery in that a battery involves the actual use of force or violence on another. Battery and Assault are not the same crime in Louisiana.
The most minor form of assault is a Simple Assault, which is an assault committed without the use of a dangerous weapon. It is a misdemeanor offense in Louisiana. An assault becomes an Aggravated Assault when it is committed with a dangerous weapon. It is a misdemeanor punishable by imprisonment of up to six months. In the case of an aggravated assault with a firearm, the penalties become more severe. If a firearm is discharged during the assault, the crime becomes a felony punishable up to 5 years in prison.