New Orleans Legal Defense Against Assault and Battery Charges
Bloom Legal has significant experience working with clients from across Louisiana charged with a violent crime. If you have been charged with assault or battery in Louisiana, you need the skill and personalized attention of Bloom Legal. Contact us today at 504-599-9997 for a consultation.
Different Types of Assault Charges
Charges of assault and battery, like many other types of violent crime, have varying levels of severity. Your lawyer should be able to explain to you the differences between these charges and their consequences. With assault and battery, the following distinctions can be made:
- Assault is the credible threat of bodily harm.
- Aggravated Assault is assault with a deadly weapon.
- Battery is the actual act of physical violence directed at another.
You can be charged with assault or aggravated assault without actually striking the other person involved. While they usually appear in conjunction with battery, which is the actual act of violence, you can also be charged with only assault or aggravated assault if you are believed to have made a credible threat of physical violence. Frequently, though, because of law enforcement’s desire to look tough on crime, actions that do not involve a credible threat of violence are still charged as assault or aggravated assault. In these cases, the attorneys at Bloom Legal will work to have the charges dropped or dismissed.
While battery in Louisiana is simply the actual act of violence, the charge can span a wide variety of acts, from a simple bar fight or mild dispute to a violent attack causing grievous bodily harm.
Our Criminal Defense Team Works to Have Charges Dropped
In the face of assault and/or battery charges in Louisiana, Bloom Legal will work to minimize the negative consequences these charges have on your life. With the knowledgeable legal advice and the skilled representation that we provide to our clients in city, state, and federal courts, we will work to get the charges dropped, dismissed or reduced, so that you do not lose your freedom and your livelihood. With any charge of assault or battery in New Orleans, the attorneys at Bloom Legal will seriously examine the possibility of self-defense, as violence committed in the process of defending yourself, your loved ones, or others is not battery.
Assault and Battery Defense Strategy
With any charge of assault or battery in Louisiana, the attorneys at Bloom Legal will seriously examine the possibility of self-defense, as violence committed in the process of defending yourself, your loved ones, or others is not battery.
At Bloom Legal, we will work with you every step of the way to make sure your defense is as solid as possible. We will:
- Determine whether the act in question was in defense of yourself or others
- Examine the prosecution’s evidence for inaccuracies or inconsistencies
- Interview the prosecution’s witnesses for inconsistencies
- Determine if the charges should be dismisses, dropped or reduced
- Investigate and find witnesses and evidence to corroborate your side of the story
- Negotiate to have the sentence reduced
- Try the case, if necessary
LA RS Title 14 – Criminal Law
Assault is defined under Title 14 of the Louisiana Revised Statutes in the following manner:
- 36. Assault
Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.
- The key under this definition is that assault does not necessarily have to involve any physical action against another – merely threatening harm to another can result in charges of assault in the state of Louisiana.
LA RS Title 14 – Criminal Law
Aggravated Assault Definition
Aggravated Assault is defined under Title 14 of the Louisiana Revised Statutes in the following manner:
- 37. Aggravated assault
- Aggravated assault is an assault committed with a dangerous weapon.
- 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.
- Aggravated Assault is similar to simple Assault in that only the threat of violence is necessary for charges – actual physical harm to an individual is not necessary for you to be charged with Aggravated Assault.
- Aggravated Assault involves the use of a dangerous weapon while threatening or otherwise implying danger to an individual.
LA RS 14 – Criminal Law – Battery
Battery is defined under Title 14 of the Louisiana Revised Statutes in the following manner:
- 33. Battery
Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
- Charges of battery are often coupled by law enforcement officials with charges of assault in order to increase the possible penalties against an individual suspected of a crime.
Assault and Battery Laws
LA RS 14 – Criminal Law – Aggravated
Aggravated Battery is defined under Title 14 of the Louisiana Revised Statutes in the following manner:
- 34. Aggravated battery
Aggravated battery is a battery committed with a dangerous weapon.
Whoever commits an aggravated battery shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.
- Similarly to Aggravated Assault, Aggravated Battery involves the use of a dangerous weapon.
Battery of a Law Enforcement Officer
Battery is a crime that occurs when you make physical contact with another person without his or her consent. Any instance of battery can result in arrest, a criminal record and possible incarceration. However, battery against a law enforcement officer is a severe offense that is often prosecuted to the fullest extent of the law.
If you are accused of battery of a law enforcement officer, it is wise to seek help from an experienced criminal defense law firm as soon as possible. Your attorney can help you understand the charges against you and explain your legal options. At Bloom Legal, we strive to pursue the legal approach that will minimize your chances of conviction and lessen the penalties you face.
Bloom Legal has extensive experience representing clients accused of all types of battery offenses including battery of a law enforcement officer.
What is Battery of a Police Officer?
Louisiana law addresses the crime of Battery of a Police Officer in RS 14:34.2. The crime is defined as “a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.”
You may be charged with battery of a police officer if the prosecutor can prove you made unwanted contact with someone that you knew, or should have known, was an officer of the law. For purposes of this criminal statute, “police officer” includes:
- Police officers
- Deputy sheriffs
- Deputy marshals
- Federal law enforcement officers
- Correctional officers
- State park wardens
- Wildlife enforcement agents
- Probation officers
- Parole officers
Battery is also defined to include not just force or violence, but also throwing any human wastes or bodily fluid at an officer including saliva or blood.
Bloom Legal Can Help with Charges of Battery of a Police Officer
If you are convicted of battery of a police officer, you face a fine of up to $500 and between 15 days and six months of incarceration. A suspended sentence is not permitted. If the officer is injured severely enough to require medical attention or if the battery occurs when you are in custody, the fine increases to $1,000 and you face up to five years of jail time.
The consequences of battery of a police officer are serious and you must take the charge seriously. A criminal defense lawyer can help you negotiate a plea bargain, get the charges dropped or win a not guilty verdict, depending on the evidence against you and the facts of your case.
Bloom Legal can evaluate your case and assist you every step of the way. When responding to accusations of battery, it is important to have a skilled attorney on your side. Our office serves residents and visitors of New Orleans, including residents of Metairie and Gretna in Jefferson Parish.
Contact us online or call 504-599-9997 to speak with a member of our legal team and learn more about how we can help with your case.
Hear What Our Clients Have To Say
This company is one of the most helpful and dutiful law firms in New Orleans. I have met with Seth Bloom multiple times and he has helped with out of several situations I thought had no solution. He made me feel calm, comfortable, and collected. After our first meeting, he established a genuine interest in my position and assured me that he would stand by me. Aside from that, he is one of the most professional lawyers I have dealt with, and I believe his service to be above what people in New Orleans consider to be great service.
Posted by: Zachary Klos