The charge of Assault in New Orleans, Louisiana can be a very serious charge, depending on the type of Assault charged, which is based on the alleged facts of the case. Our New Orleans assault lawyers at the Barkemeyer Law Firm defends many clients with these charges. We have tried assault cases to judges and jurys throughout Louisiana. We understand 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.
Is an Assault a Misdemeanor or Felony in New Orleans?
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 in New Orleans 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.
How do you Defend an Assault Charge?
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. Our New Orleans assault defense attorneys have had success asserting defenses to assault in Louisiana.
What is the Difference between Assault and Battery?
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.
New Orleans Assault Defense Lawyer
If you or someone you know has received a summons or been arrested with some type of assault charge, our New Orleans assault defense lawyers at the Barkemeyer Law Firm can help. We will inform you of the process ahead and how to best handle your case.
Assault Defense Attorney in New Orleans, Louisiana
Looking for a criminal lawyer New Orleans, to help you with your Assault court case in Louisiana? Don’t worry, our criminal attorneys at Barkemeyer Law Firm are here to support you. Assault cases in New Orleans are not just “thrown out” in Louisiana courtrooms, as they warrant serious punishments in the state and at the federal level. While there are different strata of punishments for misdemeanor and felony assault cases in New Orleans, you can be sure that the persecutor will treat each case with the same seriousness. So any delay, in securing a criminal defense attorney Orleans, for your court case, can compromise your chances of getting a favorable outcome in court.
There two main types of assault charges in New Orleans Louisiana, are Simple Assault and Aggravated Assault. Although the simple assault charge is not as serious as the Aggravated assault charge, they both warrant severe punishment under the established laws of Louisiana. Regardless of whether you are filed for a simple assault charge or you are filed for an aggravated assault charge, you would have to provide legitimate explanations in court. This is where a confident and aggressive New Orleans lawyer comes in. With regards to assault charges or cases, our criminal lawyers have a long list of accomplishment in New Orleans, Orleans, and the whole of Louisiana. Our longtime involvement in simple and aggravated assault cases has helped him develop an uncanny sense for recognizing opportunities in a court case. If there is even the slightest chance of securing a favorable outcome for your court case, our criminal lawyers at the Barkemeyer Law Firm will find it.
What is an Assault?
An assault can be defined as a deliberate deed by an individual (assaulter) to another individual (victim), that scares the victim or cause him or her to experience physical harm. Along these lines, any intentional cat towards another individual, that threatens that individual’s safety is punishable by Louisiana laws. Regardless of whether the victim suffers physical harm or not. In light of this fact, law enforcement officers are permitted to arrest an offender for assault, even when the said offender has not laid a finger on the victim.
However, before a defendant of an assault crime can be prosecuted for the crime, the prosecutor must prove to the court that the evidence filed against the defendant was obtained legally. Also, that the witness or witnesses’ testimonies are factual. This is where our criminal lawyer’s skill and experience as a criminal lawyer, Orleans comes in. Our criminal defense attorneys at Barkemeyer Law firm have acquired a wealth of experience from cross-examining victims and witnesses’ testimonies during the trial. As a result, they can figure out whether the testimonies provided by the victims/witnesses have conflicting facts or not. With regards to an assault court case, the verdict of the court usually comes down to how consistent or conflicting the testimonies are. So, before you jump into the courtroom for your hearing, you should sit down with an experienced defense attorney to ensure that your strategy for proving your innocence is airtight.
Assault charges in New Orleans and their potential punishment
While there are two main types of assault in the state of Louisiana, most of the time, these assault charges accompany other dire charges. For instance, a defendant charged for aggravated assault can also be charged for battery if the defendant inflicts physical harm on the victim intentionally. An assault charge may also accompany felony charges like rape or robbery and would be treated as a felony if the accused discharged a firearm during the arrest or assaults a police officer.
Simple Assault and its potential punishment
You would be arrested for this crime, if you threaten or instill fear in the heart of an individual, to make that individual feel unsafe. This includes threating to inflict physical harm on a person, stalking him or her, or leaving threatening messages in the person’s premises. This type of assault is usually regarded as a misdemeanor. But whether it is a first-degree misdemeanor or second-degree misdemeanor will depend on the victim of the assault. For instance, if the simple assault is committed against a law enforcement officer, a senior citizen, or a school employee, it will be treated as a first-degree misdemeanor. Any other case will almost certainly be treated as a second-degree misdemeanor.
The potential punishment for a second-degree misdemeanor may include, jail term (up to 60 days), cash fine (up to $500), probation (up to 60 days), and restitution. For first degree misdemeanor, the potential punishment may include, jail term (up to 1 year), cash fine (up to $1,000), probation (up to 1 year), and restitution.
Aggravated Assault and its potential punishment
Aggravated assaults, for the most part, involves the intentional use of lethal weapons to threaten another individual. This type of assault is typically considered to be a third-degree felony, but it can be treated as a second-degree felony if the crime is committed against a law enforcement officer or a special citizen. In some cases, an aggravated assault crime can be treated as a felony if the defendant is said to have discharged a firearm during the time of the arrest.
The potential punishment for a third-degree felony may include, jail term (up to 5years), cash fine (up to $5000), probation (up to 5 years), and restitution. For Second degree felony, the potential punishment may include, jail term (up to 15 years – for assaults involving law enforcement officials), cash fine (up to $10,000), probation (up to 15 years), and restitution.
An Experienced Criminal Lawyer New Orleans is here to help you
While the evidence filed against you may seem damning, if they are not obtained in accordance with the already established laws of Louisiana, they won’t be admissible in court. With our criminal lawyers in New Orleans working on your case, all the shreds of evidence and testimonies filed against you will be scrutinized, to ensure that you get the best possible outcome with your assault case. Our criminal lawyers Barkemeyer have helped a lot of accused persons in New Orleans, and he can help you get the best outcome possible with your court case. Feel free to walk into the Barkemeyer Law Firm office today, and our criminal attorneys will attend to you personally.
422 S. Broad Avenue
New Orleans, LA 70119