New Orleans Assault and Battery Attorney

In Louisiana, whether an assault or battery charge is a misdemeanor or a felony depends on the specific offense and the circumstances of the alleged conduct, including whether a dangerous weapon was used and whether the alleged victim suffered serious bodily injury. The classification of the charge can significantly affect the potential penalties, including whether you face jail time or years in prison.

If you were arrested in Orleans Parish, the district attorney will weigh those facts when deciding what to charge. At The Bradley Law Firm, we defend people accused of violent crimes in New Orleans, and we start by examining the evidence behind each element of the charge.

Call 504-336-1717 to speak with a New Orleans assault and battery lawyer about your free initial consultation.

How Does Louisiana Law Separate Assault From Battery?

Under Louisiana law, assault is an attempt to commit a battery or the intentional placing of another person in reasonable apprehension of receiving a battery. Battery generally involves the intentional use of force or violence upon another person, and simple battery is a battery committed without the victim’s consent.

The two offenses are often charged together, but each has its own elements the prosecution must prove. Louisiana grades them by severity:

• Simple assault: Intentionally placing another person in reasonable apprehension of a battery. No physical contact is required. It is a misdemeanor under La. R.S. 14:38.
• Simple battery: Intentional use of force or violence on another without consent. Even a shove can qualify, and it is a misdemeanor under La. R.S. 14:35.
• Aggravated assault: An assault committed with a dangerous weapon, such as a knife or firearm. Aggravated assault is generally a misdemeanor under Louisiana law, although other offenses or circumstances may carry more serious penalties. Our overview of aggravated assault penalties in Louisiana covers this offense in more depth.
• Aggravated battery: Battery committed with a dangerous weapon. This is a felony under La. R.S. 14:34.
• Second-degree battery: Battery in which the offender intentionally inflicts serious bodily injury, as defined by Louisiana law. This is a felony under La. R.S. 14:34.1.
• Aggravated second-degree battery: Battery committed with a dangerous weapon in which the offender intentionally inflicts serious bodily injury. This is a separate felony offense under La. R.S. 14:34.7.

What Penalties Do Battery Charges Carry in New Orleans?

Penalties range from a fine and possible jail time for simple assault to substantial prison time for felony battery offenses. A conviction can also create a criminal record that may affect employment, professional licensing, and other opportunities. Whether a record can be expunged depends on the offense and the individual’s circumstances.

Exposure rises with each tier. A simple assault conviction can bring a fine of up to $200, imprisonment for up to 90 days, or both. Simple battery can bring up to six months in jail, a fine of up to $1,000, or both. Aggravated assault can bring up to six months in jail, a fine of up to $1,000, or both. Aggravated battery is a felony punishable by up to ten years of imprisonment, with or without hard labor, a fine of up to $5,000, or both. Second-degree battery is punishable by up to eight years of imprisonment, with or without hard labor, a fine of up to $2,000, or both. Aggravated second-degree battery is punishable by up to 15 years of imprisonment, with or without hard labor, a fine of up to $10,000, or both.

Judges can also order probation, community service, restitution to the alleged victim, or anger-management classes. A felony conviction can additionally affect firearm rights, employment, and professional licensing.

When the alleged victim is a qualifying family member or household member, prosecutors may pursue a domestic abuse battery charge instead. Louisiana law defines these relationships specifically, so not every partner or household relationship automatically qualifies. These cases carry their own consequences, which our domestic violence page explains.

Defenses That Can Weaken an Assault Case

Common defenses include self-defense, mistaken identity, lack of intent, and insufficient evidence, and the prosecution must prove every element beyond a reasonable doubt.

The state carries the burden of proof, and many assault cases rest on one person’s account against another’s. A strong defense strategy tests that account against everything else in the record.

• Self-defense or defense of others: Louisiana law allows reasonable force to protect yourself or another person from imminent harm. Whether the force used was proportionate is usually the central dispute.
• Lack of intent: Both assault and battery require intentional conduct. An accident or a misunderstanding is not the same offense.
• Credibility and evidence problems: Inconsistent statements, absent witnesses, missing video, or a lack of documented injuries can leave reasonable doubt.
• Mistaken identity: Fights are chaotic, and misidentification is more common than most people expect.

Our attorneys can work to preserve and obtain relevant evidence, including surveillance footage, messages, and witness statements, before it becomes unavailable.

What Happens After an Arrest in Orleans Parish?

After an arrest, you are booked, bond is set, the district attorney decides what to charge, and the case proceeds through arraignment, pretrial negotiations, and either a plea or trial.

The process in the criminal justice system moves in stages:

1. Booking and bond: You are processed following your arrest. Depending on the circumstances and applicable procedures, bond may be set by a judge or through another authorized process. Release conditions may include restrictions on contacting the alleged victim.
2. Charging decision: The district attorney’s office decides whether to file formal charges and at what level. Charges can be dropped, reduced, or increased.
3. Arraignment: You are formally advised of the charges and generally enter a plea. Felony criminal cases in Orleans Parish are handled in Orleans Parish Criminal District Court.
4. Pretrial and negotiation: Evidence is exchanged, and motions are filed. Many cases resolve through a plea bargain, a reduction to a lesser offense, or a dismissal.
5. Trial: If the case doesn’t resolve, you have the right to a fair trial, where the prosecutors must prove guilt beyond a reasonable doubt.

Because our office is in Metairie, in Jefferson Parish, we also see how neighboring courts handle similar charges, and we apply that knowledge in Orleans Parish.

Talk With a New Orleans Criminal Defense Lawyer Today

An assault or battery arrest does not have to define your future. The facts, the evidence, and the choices you make early all shape the final resolution of your case.

Contact The Bradley Law Firm at 504-336-1717 to schedule your free initial consultation with a New Orleans criminal defense lawyer. We will answer your questions, explain your rights, and discuss a defense strategy built around what actually happened.