The charge of Assault in Louisiana can be a very serious charge, depending on the type of Assault charged, which is based on the alleged facts of the case. Mr. Barkemeyer defends many clients with these charges. He has tried assault cases to judges and jurys throughout Louisiana. He understands how to get the best result possible in an Assault case. See the video below for the differences between the criminal charges of assault and battery in Louisiana.
It depends. The most common assault charges are Simple Assault and Aggravated Assault. Both of these are misdemeanors. However, an Aggravated Assault can become a felony if certain alleged facts exists such as the discharge of the weapon or if the weapon is used on a police officer.
Whether the charge is a misdemeanor or felony, the prosecutor will take the charge seriously. Assault charges aren't the type of charge that is just "thrown out" by the prosecution.
In any assault case, there is a victim who must testify against the defendant. The defendant should have a skilled attorney who is experienced with cross-examining victims and witnesses in trial. Many times, an assault trial comes down to conflicting testimony. In other words, he said, she said. It is important to properly analyze the case before jumping into trial.
The terms "assault" and "battery" get confused frequently. In Louisiana, an assault is completely different than a battery. An assault is an attempt to commit a battery or making the victim feel he is going to receive a battery. Specifically, there is no touching or physical interaction. On the other hand, with a battery, there is physical contact that is intentional and without consent by the victim.
If you or someone you know has received a summons or been arrested with some type of assault charge, Mr. Barkemeyer can help. He will inform you of the process ahead and how to best handle your case.
Contact a St Tammany Parish Assault Defense Attorney at 985-888-0009.