New Orleans Assault & Battery Lawyer

Fights, verbal or physical, can happen anywhere and between anyone. Whether it’s a bar fight, an argument between family members, or domestic abuse, if an individual presses charges against you, you can face serious consequences. When this happens, it’s important to seek the help of a New Orleans assault & battery lawyer.

Assault and battery are two very different crimes. Assault pertains to threatening an individual, while battery involves actual physical contact. Sometimes, an assault can lead to battery. If convicted of either, you could face a lengthy jail sentence, hefty fines, and anger management classes.

It is essential to the outcome of your criminal defense case that you retain a knowledgeable attorney who can vigorously defend your rights in court.

Experienced New Orleans Domestic Abuse Attorney at Crescent City Law

As your New Orleans assault & battery attorneys, it is our job to understand the impacts of assault, battery or domestic abuse charges. In addition to fines and jail time, you could lose access to your children, lose your job, and serve many other important relationships in the meantime. You may already feel anxious and alone.

It’s imperative to hire a lawyer if you’ve been charged with domestic abuse battery because it can never be expunged. We’re determined to serve as your advocate and guide as we pursue the greatest outcome possible for you or your loved one.

Whether you are charged with a misdemeanor or a felony, it is crucial that you retain a lawyer as soon as possible, who can begin investigating the details surrounding your arrest, including interviewing the alleged victim and other witnesses. With the right defense, we are often able to have the charges dismissed or reduced.

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The Difference Between Assault and Battery

In casual settings, assault and battery are often used interchangeably. Legally, they are viewed as separate offenses. Assault can be broadly defined as causing someone to be in reasonable fear of harm. This includes threats of bodily injury, harm to belongings, or damage to property. Verbal threats may lead to assault charges if they are paired with aggressive behavior. A raised voice alone usually isn’t enough, but creating a sense of immediate physical danger could constitute assault.

Battery requires physical contact to occur. This ranges from any unwanted contact with the opposing party to full-blown physical altercations. Battery cases, similar to assault, can vary greatly in severity, determined by the presence and extent of any injuries. Similar to assault, even slight physical contact may result in criminal charges.

If you’re facing assault or battery charges, keep in mind that a single action can often lead to both. Using the previous examples, if a confrontation begins with a verbal threat to cause physical harm and then leads to physical contact, both charges may apply. As a result, most assault and battery cases are convicted with the entire circumstance in mind, not necessarily one specific event.

Possible Assault Penalties and Battery Penalties

As you can imagine, penalties for assault and battery can range significantly depending on many factors of the individual case. The penalties you might face usually hinge on how serious the actions were, any injuries caused, and your past record. Typically, you may be looking at some, if not all, of the following:

• Fines
• Probation
• Required anger management
• Counseling
• Jail time

Less serious offenses may result in minimal supervision or alternative sentencing. Felony or gross misdemeanor charges may result in longer jail sentences. Domestic-related assault and battery charges can often result in other conditions. Courts may require you to avoid contact with the other party involved, restrict where you are allowed to travel, or require you to move out of a shared residence.

Keep in mind that, apart from whatever sentence you may receive, having an assault or battery conviction can impact your future. You may face challenges when seeking employment, housing, and even damage personal relationships. Assault and battery charges can even play a factor in family law cases.

Evidence in Assault and Battery Cases

According to Neighborhood Scout, New Orleans experienced 4,572 violent crimes in a given year. This amounted to a crime rate of 12.61 per 1,000 residents. The chances of becoming a victim of a violent crime in New Orleans are 1 in 79.

Typically, assault and battery cases aren’t built on physical evidence. Due to the nature of these cases, prosecutors often rely on witnesses and circumstantial evidence. Some common evidence used to support assault and battery allegations includes witness testimony, photographs, medical records, and video footage. Police officers can also generate a report detailing what they observed during their investigation.

Oftentimes, prosecutors can look at the totality of the circumstances. They may analyze how the situation unfolded from start to finish. They look at whether things escalated and what each person involved did in response. Text messages, emails, and social media can help provide context to events leading up to or after the alleged incident. Since accusations often stem from conflicting accounts, evidence plays a critical role in these cases.

Defense in Assault and Battery Cases

Every assault and battery case is different and based on its own unique facts. However, there are some defenses that are used more often than others. The credibility of the accuser can be used to your advantage. If there are inconsistencies within their statement or a lack of evidence to back up their claims, this can help your case.

Self-defense is a viable option in some assault cases. If you acted in self-defense, it can be important to evaluate the situation you were placed in and whether your response was appropriate. Whether or not the conduct actually meets the legal definition of assault/battery can be used as a defense. For example, swinging your arm in frustration doesn’t necessarily constitute assault.

The way evidence was collected can become a defense consideration. If police officers failed to document something they witnessed or took the evidence improperly, it could be used in your favor.

Hire An Assault & Battery Lawyer

Our office in New Orleans handles many types of cases, including those involving assault & battery. Whether you live near St. Charles or Plaquemines Parish, we’re ready to build a strong assault & battery defense tailored to your specific situation.

If you have been charged with assault and battery, hire an assault & battery lawyer today. An attorney at Crescent City Law can help. Contact us to arrange a consultation. Evening, weekend, and off-site meetings are available by appointment.

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