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Aggravated Assault Charges Louisiana
Aggravated Assault Charges Louisiana
If you are facing aggravated assault charges in Louisiana, you are in a difficult place. However, let’s discuss what you need to be aware of in this type of situation.
Many people wonder if aggravated assault is a misdemeanor or a felony. In Louisiana it is considered a misdemeanor. However, there is a felony level for aggravated assaults in Louisiana. These are determined based on the facts available and presented at the time.
What is Aggravated Assault?
In Louisiana, aggravated assault is defined as an assault that uses a dangerous weapon. This assault has occurred with someone using a dangerous weapon. This could include a knife or firearm. This crime is considered a violent crime in the state of Louisiana. It is an offense that will get you arrested.
You may also receive a summons for a misdemeanor. This is still as serious offense and should be taken that way. Generally, officers will hand out a summons if they know for certain that the person receiving the summons will not be in contact with the victim again. However, it is often done where the defendant is arrested on the spot.
Who is Most Likely to Commit Aggravated Assault?
There are many people who are capable of committing this crime. However, you often see that aggravated assaults occur when people are under the influence of some type of drug and/or alcohol. It is often those who have anger complications already in their past that are charged with these penalties. However, not everyone who gets an assault charge will have prior issues. Anyone can commit an aggravated assault. It is just more common to see those who are under the influence commit these crimes.
If someone is to be convicted of an aggravated assault, the person will see a fine that could be up to one thousand dollars. A person may also see a prison or jail sentence for up to six months. In some cases, both a fine and sentence will be implemented.
Keep in mind that if someone does this to an employee at a store without succeeding it will still be a charge. You cannot steal and hold someone hostage while you are doing it. This offense shall see at least 120 days behind bars. You cannot receive less than 120 days. However, you cannot be sentenced to more than six months. You will also see a fine of up to one thousand dollars.
Is Probation Possible?
If you are charged with aggravated assault in the state of Louisiana, you can get probation. It will depend on your case in particular. However, it is an option. The judge will determine what your sentence will be as well. This is where you will learn how much fines are owed and what your punishment is.
Remember, that there are more punishments than just fines and jailtime. You may also be sentenced to community service and do other community programs. You will also find that you will need to pay court costs as well. A judge may even order you to take anger management classes to help with the issue. All this is determined by the judge.
If you do not see jailtime, you will see probation. You will have to follow strict rules while you are on probation. If you do not follow these rules, you will end up on a probation violation. This means that you could end up sitting in jail the rest of your probationary period.
Those who do probation will have rules such as staying out of taverns, bars, or other areas. You may also notice that people on probation may be forced to complete courses or community service. Each probation case is different, and it will depend on the judge and evidence as well.
Can Aggravated Assault Be Removed from My Record?
No, you cannot get this charge expunged. It will remain on your record for the rest of your life. This can make it difficult to get a job or even attend college. That is why you need the best defense lawyers you can find if you find yourself facing these charges.
Conclusion: Aggravated Assault Charges Louisiana
Thinking before you act will help you out the most on this topic. Avoid fighting and using weapons. Walking away from a situation may save you a lot of time and money. If you find yourself facing any aggravated assault charges, be sure to contact the best defense lawyers around – Barkemeyer Law Firm of Louisiana. We have multiple locations and a variety of practice areas to help you with any criminal charges you may be facing.
You should now have a better understanding of aggravated assault charges Louisiana.
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Louisiana Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in New Orleans, Metairie, Kenner, Gretna, Hahnville, Belle Chasse, St. Bernard, Slidell, St. Tammany, St. Charles, St. John, Laplace, Mandeville, Covington, Shreveport, Bossier, and Jefferson.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.