What is an assault?

Louisiana’s criminal laws are contained in Title 14 of the Louisiana Revised Statutes. It is divided into multiple subparts dealing with crimes against persons, crimes against property, sex offenses, etc…

Assault is contained in Chapter 1, Part II, Subpart B. It is defined in §36 as “an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.”

Louisiana does not “grade” its offenses, but there are several types of assault of increasing levels of seriousness:

1. Simple Assault

   • This offense is a misdemeanor that criminalizes assault.

   • The penalty is a fine of up to $200 and/or imprisonment of up to 90 days.

2. Aggravated Assault

   • This offense is a misdemeanor that criminalizes an assault when the offender uses a dangerous weapon.

   • The penalty is a fine of up to $1,000 and/or imprisonment up to 6 months.

3. Aggravated Assault with a Firearm

   • This offense is a felony that criminalizes an assault committed with a firearm.

   • The penalty is a fine of up to $10,000 and/or imprisonment with or without hard labor for up to 10 years.

There are also multiple specific assault statutes if the assault is committed under certain circumstances:

• Aggravated assault on a dating partner,

• Domestic abuse aggravated assault,

• Assault by drive-by shooting,

• Aggravated assault on a peace officer,

• Aggravated assault upon a utility service employee with a firearm,

• Aggravated assault with a motor vehicle upon a peace officer,

• Assault on a school teacher,

• Assault on a child welfare worker, and

• Harassment of a school or recreation athletic contest official.

If you would like to set up a consult to discuss your battery case, give us a call at (318) 459-9111.