An assault is a criminal offense punishable by law, whether in Jefferson Parish or any other place in America or the world at large.
Assault, simply defined, is the act of inflicting harm on one person by another. An assault sometimes may not necessarily require physical contact, merely threatening a person so much so that it results to fear, may be regarded as assault in some cases.
What is Aggravated Assault?
Aggravated assault is an attempt to intentionally inflict severe damage on one person by another, using weapons, or any other means that could result in death or terrible bodily damage to the attacked.
It is an offense punishable by law under that Louisiana laws. It is a crime of violence and though the crime is a misdemeanor in the state, it could become a felony in some cases.
What constitutes aggravated assault in Jefferson parish?
Aggravated assault is a much higher level of assault and the following are what constitute the offense
- An intention to use force by one person on another
- An act unintentional but involves the use of force by one person on another
- The use of force along with a weapon, lethal or not, by one person on another
How do the Louisiana laws define aggravated assault in RS 14:37?
§37. Aggravated assault
A. Aggravated assault is considered by the laws to be an assault which is undertaken using a weapon
Examples of aggravated assault as described by the laws in Jefferson Parish
- Threatening somebody with a knife out of anger for reasons that are not socially unacceptable
- Attempting to beat up a child or an adult with a baseball bat due to an argument or for a reason which you personally consider to be disrespectful
- Robbing a store or supermarket with the use of a weapon, whether you use the weapon or not.
Punishment for aggravated assault in Jefferson parish as stated in RS 14:37 in the Louisiana laws
The punishment for aggravated assault in Jefferson Parish, Louisiana is the same in almost every state in America. The punishments for an offender include the following
- A person found guilty of aggravated assault shall be made to pay a fine of one thousand dollars or less. The offender could also be placed in jail or could get both punishments
- An offender that is found guilty of aggravated assault on a storekeeper or the store keeper’s employee while attempting to rob the store shall be sentenced to not less than one hundred and twenty days in prison without any benefit of bail and not more than six months
- A person who assaults the storekeeper could also be fined the sum of one thousand dollars or less along with the sentence
- An offender may be ordered to attend compulsory anger management classes if found to have anger issues or
What other options are there for an aggravated assault offender?
Any person who is accused of an aggravated assault shall be arraigned before a court, he or she would need to get a lawyer or an attorney. If after the case, the accused is still found guilty, the following are some probation options open to them:
Application for probation: an application for probation may be rejected by the judge if the case requires the offender to be duly monitored if not, the probation options are
- Community service
- Payment of court costs and fines
- Both community service and court costs
When to Hire an Assault Defense Attorney
There are situations where a person accused of aggravated assault may be granted bail or set free. Getting an experienced attorney could help clarify the issue with you and get the facts of the case stated to the court.
Some of the defenses that an accused can claim include some of the following
- That you were falsely accused of the crime
- That the plaintiff totally misconstrued your intentions to be aimed at an assault
- That you acted in your defense or in the defense of somebody who is being oppressed.
- That you haven’t the ability to use force on people due to a disability
Comparisons with Aggravated Assault
There are terms which can be mistaken for aggravated assault and they include
- Armed robbery: during an armed robbery, aggravated assault may be involved but it is not in any way the case. 1Armed robbery is the use of a weapon to dispossess a person of their property
- Simple assault: this is an assault on a little less aggravated level, it involves using force by one person on another but without the use of any weapon
- Battery: this is also an offense but compared to aggravated assault, it involves actually willfully inflicting the force and violence on the person.
These explanations make it clear that aggravated assault only involves the attempt to inflict force and violence by one person on the other.
Aggravated Assault with a firearm
Attempting to inflict violence on a person using a firearm is a great felony in Jefferson parish.
Assault using firearm can be done in the following ways and each one requires the same punishment of including a fine of up to ten thousand dollars and up to ten years in prison
- The use of a firearm during a shoot out
- The use of a firearm in a drive-by
- The use of a firearm on a police officer, a health worker, firefighter, lifeguard, traffic officers, process officers, or any public servant
- The use of a firearm in a street fight
Can a victim of aggravated assault file a civil case?
The victim can decide that the suit be a civil case and, in this case, the offender, when found guilty, is liable to pay for damages to the victim.
There is a chance that an offender who has previously been judged on the criminal aspect of the case and found guilty could be re-arraigned before a court based on the civil part and then still be found guilty.
When to Get Your Own Lawyer
The laws in Jefferson parish are stringent, whether in Gretna, Metairie, Kenner, amongst others, especially when it involves the safety of the residents.
Get an attorney today if you believe that you have been accused falsely or your intentions were misconstrued.
Do not be made to suffer for an offense that you may not have committed, have a conversation with us today, and let us help to get the burden and pending punishment off your shoulders.