Defending Assault & Battery Criminal Charges in Shreveport, Louisiana
In Shreveport, LA, assault and battery are crimes. Although they are often thought of as the same crime, they are different. Assault occurs when the perpetrator acts in such a way as to put the victim in a fear -- apprehension -- of violent, harmful, unwanted, and/or offensive contact. For example, an assault may occur when the perpetrator threatens to punch someone in the face, or takes a swing but misses. By contrast, battery may occur when there is violent, harmful, unwanted, and/or offensive contact with the victim's person. For example, a battery may occur when the perpetrator actually punches someone in the face.
Battery is, of course, the more severe crime since it involves actual violence, harm, and/or offensive touching. For this reason, the criminal punishments for battery are more severe. Note that almost always, if there has been a battery, then there is the potential for an assault to be charged because there is almost always the threat, fear, and apprehension that comes before the battery.
In Louisiana, there are several levels of these crimes. In comparison to assault levels, there are more levels for a battery, which include
Simple
Aggravated
Second-Degree
Assault/battery with a deadly weapon
Assault/battery with a firearm -- treated differently and separately
Assault/battery with a motor vehicle
And more
Likewise, under Louisiana criminal law, more severe assault and battery crimes exist that depend on the nature of the behavior and the nature of the victim. As an example, if the assault and/or battery was sexual in nature, then the crime will be charged as sexual assault and/or sexual battery. A long list of possible victims exist that will make an assault and/or battery more severe. These include assaults/batteries on
Children -- under the age of 18
Very young children -- under the age of 12
Victim is pregnant
Disabled and the elderly
Law enforcement, correctional, and judicial officers
First responders, healthcare personnel, etc.
Teachers and school employees
Members of a domestic household
And more
If you are arrested and charged with any of the various crimes involving assault and/or battery, you can benefit from hiring a committed and experienced Shreveport criminal defense attorney. Simple forms of assault and battery in Louisiana are generally deemed misdemeanor crimes, but you should seek to avoid any criminal convictions on your record. Even misdemeanor charges can result in jail time and hefty fines. More complex assault and battery charges can be felonies that carry even more serious consequences than their misdemeanor counterparts.
In terms of defending against assault and battery charges, the facts of the case will determine what the criminal defenses are. The main defense is to challenge whether the government prosecutors can prove all the necessary elements. For example, for a simple assault, the government must prove beyond a reasonable doubt the following:
A threat to physically injure/touch another person
An apparent and present ability to do so (at the time)
Causing the victim to fear imminent violence or offensive touching
The perpetrator had the proper intent
The fear the victim had was reasonable
From this, several potential criminal defenses are evident. Was there intent, for example? Did the victim have a reasonable fear or apprehension? Was the alleged perpetrator actually defending him or herself from the aggression of the alleged victim? Did the alleged victim give consent (actual or implied) as in agreed-upon combat?
Contact A Louisiana Criminal Defense Attorney Today
For more information, contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. We have the experience and legal knowledge that we can put to work to help your criminal case. We have offices in Shreveport and handle criminal defense cases throughout all of Louisiana.