There are some terms that we are familiar with in the general public, like murder or robbery. Yes, legally, they can become a bit more complicated as defined by the court of Louisiana, but it’s safe to say we have a general understanding.
Aggravated assault, though, isn’t a common term everyone is familiar with.
At first glance, we can assume it’s a crime that involves violence against another person. But if your family member or friend is facing these charges, that idea can be too vague. What does aggravated assault really involve, and how will it affect your future or the future of your loved one? John Radziewicz at Crescent City Law can provide some clarity to your situation.
How does Louisiana define simple assault?
In Louisiana, assault means threatening harm or attempting harm.
Unlike battery, assault does not involve physical contact with the victim. Here are some examples of simple assault:
→ Getting into an argument with someone and threatening to hit them
→ Attempting to punch someone but missing
→ Intimidating a victim with body language and words that would make them fear they might be physically hurt
Simple assault is an assault committed without a dangerous weapon, which means it’s not considered a crime of violence in Louisiana. The consequences can include a fine of $200 and/or a maximum of 90 days in prison. But it’s important to note your record can be expunged if you are charged with simple assault.
What is aggravated assault in Louisiana?
Aggravated assault in Louisiana, including New Orleans, means threatening harm or attempting harm with a dangerous weapon.
The weapon itself can also determine what kind of penalties you may be facing. Here are some examples of aggravated assault (with or without a firearm):
- Drive-by shooting with intent to kill, injure, or frighten the victim
- Threatening to shoot someone with a firearm (whether it goes off or not has different consequences, too)
- Attempting to hurt someone with a knife
Building your defense will mean learning every detail about the incident.
What if the victim thought you had a dangerous weapon but you were just clenching your fists? What if the victim misidentified you as the perpetrator?
Crescent City Law can carefully review your situation and determine what kind of penalties you may be facing and if they can be reduced or dismissed altogether.
Louisiana’s consequences for aggravated assault
There are different penalties for aggravated assault in Louisiana depending on the weapon used.
Aggravated assault generally means a dangerous weapon that is not a firearm was used to threaten someone. The law specifies aggravated assault with a firearm as a separate type of offense with special penalties depending on whether it was fired or not.
Aggravated assault is a misdemeanor offense in Louisiana. A conviction of aggravated assault may result in the following penalties:
→ A fine of up to $1,000
→ Imprisonment for up to 6 months
→ Both a fine and imprisonment
Aggravated assault with a firearm is a felony offense, which results in the following penalties:
→ A fine of no more than $10,000
→ Imprisonment for no more than 10 years (with or without hard labor)
→ Both a fine and imprisonment
The exact sentencing may vary depending on the factors of your case, like the identity of the victim or where the alleged assault took place.
Contact John at Crescent City Law – he’s dedicated to New Orleans and his clients
If you are accused of aggravated assault in Louisiana, please contact John Radziewicz and schedule a consultation. With the right defense, we are often able to have the charges dismissed or the charges reduced. Going from an aggravated assault to a simple assault or other nonviolent offense can even mean expunging it from your record later on. At Crescent City law, it’s all about helping clients move past their hurdles and on to a better life. Contact us today to get started.