A lot of people have so many misconceptions about what assault actually is. So many don’t know that this could land them in jail for a minimum of 6 months and even require them to pay a fine of up to $1,000 dollars if they’re found guilty.
Have you recently been charged for committing an assault on somebody else? Do you want to get home free and in no time? Well, then you have to know exactly what the crime is so that you can be able to know your stance and just how to defend yourself. You also need to know the best attorney in Louisiana to protect you and get the best possible result.
In this article, we will be focusing deeply on what assault is, the ways in which you could possibly assault somebody (types of assault), as well as what you can do to get yourself free.
What is an assault under Louisiana RS 14:36?
Assault is a tree with many branches, meaning that there are several forms of assault that could possibly land you in jail. However, we will seek to explain the term as simply as possible.
Assault, according to LA RS 14:36, is “. . . an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.” This simply quenches the thoughts that you may have to inflict physical harm on somebody before you can call it an assault. Assault has already taken place right from the intention to carry out the act and further to the attempt. The act may not even need to be accomplished.
Types of Assault
As stated earlier, an assault has different forms which could result in different jail terms as well as consequences beyond jail. Some of these include the following
- Simple assault: this is also referred to as ordinary assault and it involves merely threatening somebody with inflicting physical contact or pain on them or attempting to do this. Simple assault doesn’t involve having any form of weapon. The intention and attempt are all that matters
- Sexual assault: this one is common and sometimes hardly gets in court, however, it is just as terrible a crime as inflicting pain on a person. Sexual assault involves the act of threatening somebody with sexual violence. The act doesn’t need to be carried out, the attempt alone is enough to land you in jail.
- Aggravated assault: aggravated assault is a much deeper level of assault. It involves the use of a weapon, lethal or non-lethal, to threaten to hurt or attempt to hurt somebody. Although with aggravated assault, you don’t necessarily need to directly hurt the person before you’re indicted, you could be charged further if the person suffers an injury while trying to escape your advances.
Assault can be done to kids (whether they’re yours or not), your spouse, neighbors, friends, colleagues, law enforcement officers, and so on. As simple as the crime looks, it could get you locked up for up to 6 months. The judge may also ask you to pay a fine of up to $1,000. In order to be able to escape the penalties which would be listed soon, you must get yourself an experienced attorney who is well-grounded in Louisiana laws and can walk you through your rights and what to do to get yourself free. Barkemeyer Law Firm are the best attorneys for that job. You can trust that you would be protected in no time as long as you completely inform him of the situation.
Assault v. Battery
A lot of people mistake assault for battery and the other way around. While battery cannot occur without the presence of assault, assault can actually happen without battery.
Simply defined, battery is the actual infliction of physical damage or hurt by one person on another. For battery to happen, the person must have initially attempted or threatened to carry out the act and that is what assault is. So, assault is the mere threat or attempt of the act of battery. Now that it is clear what assault is, we should now look at the penalties that you may suffer if you’re found guilty.
Penalties of Assault in Covington, Louisiana
The following are the penalties of assault in Louisiana when a defendant has been found guilty.
- Up to 90 days in jail: if you have lost the case and have been found guilty by the court, you would be sentenced to jail for up to 90 days. However, the jail terms could be extended up to a whole year if the act was carried out on specific citizens. Some special assault cases that could increase your jail terms include assault on a law enforcement officer, on a school worker, on an elderly person or someone who is disabled, emergency room personnel, officials of an athletic contest, and other special services renderers. It would be held against you if you had full knowledge that the person is performing his duty at the time of the assault.
- Probation: you can be placed under probation for up to 2 years if you’re found guilty.
- A fine of $200: you could be made to pay a fine of $200 to avoid going to jail. Sometimes you would be made to pay the fine and still serve the jail terms.
When charged with a crime such as assault which almost completely relies on your intentions, there are some defenses that you can claim in order to be discharged and they include the following.
- That your intention was misconstrued: it is possible that the plaintiff has misjudged your possibly friendly advances for assault and has, for that reason, decided to head to the court. Your attorney will clearly point this out and express your innocence.
- That it was in self-defense: this is the most common defense that you can claim.
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