Baton Rouge Assault Attorney
An assault charge can threaten your freedom, career, and future. Prosecutors will push for a conviction, but they don’t have the final say. The right legal defense can challenge their case based on the weak points of their argument. Fight back with a Baton Rouge assault lawyer.
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What Is Assault?
Assault in Louisiana is an act someone does on purpose that causes another person to fear that they’re going to be harmed. Battery involves physical contact, but assault focuses on the threat of harm. The law does not require an actual injury; it is just a reasonable belief from the victim. Even raising a fist or making a verbal threat may lead to charges if the victim believes they are about to be attacked.
Louisiana classifies assault into different categories. Simple assault is only a misdemeanor because it involves threats or gestures without a weapon. Aggravated assault is more serious and involves a deadly weapon or an intent to cause harm. The penalties for these charges differ depending on the alleged offense and the defendant’s criminal background.
Legal Consequences of an Assault Charge in Baton Rouge
Assault convictions come with several penalties. A misdemeanor simple assault conviction can result in fines, probation, or time in jail. Aggravated assault is often a felony. These types of charges come with higher fines and longer prison sentences that could extend for a long time. The punishment usually varies based on factors like prior offenses, the use of a weapon, and who the victim was in relation to the defendant.
Beyond criminal penalties, a conviction can create lasting consequences. A criminal record can make it difficult to find a job or housing or apply for certain credentials or licenses. Assault convictions can also limit firearm ownership and parental rights in custody cases.
The Role of Evidence in an Assault Case
Evidence can prove guilt or help the defendant with their case. Different types of evidence can be used to support or challenge an assault charge:
- Witness statements: Testimony from a victim, bystanders of the event, or officers who respond to the event can influence the case. If these accounts don’t match up, this can weaken the prosecution’s argument.
- Surveillance footage: Security cameras or footage from cell phones can provide visual proof that the event happened and what actions took place. Footage can support a claim of self-defense or show inconsistencies in witness statements.
- Physical evidence: Items like weapons, injuries, or visual property damage can help the court determine whether an assault actually took place. A case can seem more credible if there is more physical evidence, and it is less credible if there is a sparse amount of information to prove claims.
- Medical records: Reports from medical providers like hospitals or doctors can record any injuries. How severe they are and what types of injuries took place can help establish whether force was used for good reason or not.
- Statements from the defendant: Law enforcement can also use the suspect’s statements against them in court. If the defendant confesses to law enforcement or gives conflicting information, they can use that information to prove charges.
Prosecutors have a wide variety of evidence they can use against you, even things you unknowingly provide. This is why it is important to speak with a Baton Rouge Assault attorney before making any statements to law enforcement or the prosecution.
What to Do After Being Charged With Assault in Baton Rouge
Assault charges should be taken seriously. The first step is to avoid discussing the case with anyone but your Baton Rouge Assault Lawyer. Any statements made to law enforcement, the victim, or even on social media can be used against you as evidence. Finding an attorney early can make a difference in the results. Attorneys can gather evidence for you, provide advice on potential plea deals, and create strategies specifically for your case.
Gathering evidence like witness contact information, videos from cameras, and medical records can also build a defense. If you were injured as a result of the situation, seek medical attention as soon as possible to document any injuries you suffered.
FAQs About Baton Rouge Assault Laws
A: The charge for assault in Baton Rouge depends on whether the act involved a weapon, physical contact, or intent to cause serious harm. Simple assault is a misdemeanor, while aggravated assault, which involves a deadly weapon or an intent to inflict serious injury, is a felony. Misdemeanor convictions can lead to fines, probation, or jail time. Felony convictions bring steeper fines and longer prison sentences.
A: The difference between simple assault and aggravated assault is the context of the individual situation. Simple assault is an attempt to injure another person or make them fear harm without using a weapon. It does not require physical contact. Threats, raised fists, or aggressive actions may qualify. Aggravated assault involves a deadly weapon or a situation where the victim is at greater risk, like an attack on law enforcement.
A: Assault charges can be dropped if the evidence is weak, witnesses are unreliable, or a defendant acts in self-defense. The charges cannot be dropped by the victim because criminal assault charges are handled by the prosecutor, not the victim. Based on the facts of the case, a defense attorney can negotiate with prosecutors to reduce or dismiss charges, but this depends on the strength of the defense.
A: Several defenses are available against an assault charge. In order for self-defense to apply, a person has to believe that they must use force to prevent harm. If an act was accidental, it could be considered to have a lack of intent. The specific defense that might apply depends on a review of the evidence, witness statements, and law enforcement reports.
Consult With Our Experienced Baton Rouge Assault Lawyer
An assault conviction isn’t inevitable. Strong legal arguments can poke holes in the prosecution’s case. Every fact matters, and it’s important for every option to be reviewed. The right defense can change everything. If you’re facing assault charges, schedule a consultation with Longman Jakuback to figure out which legal options exist at every stage of the process.