Let us be your advocates.
Have you been charged with assault or battery in Louisiana? Are you concerned about your future?
Assault and battery charges can range from misdemeanors to serious felonies under Louisiana law. The facts matter in these cases, especially when there are conflicting witness statements, self-defense claims, or questions about what happened before the arrest.
The Johnson Firm represents clients in Lake Charles and throughout Southwest Louisiana facing assault and battery allegations. If you have been arrested or charged, speaking with a defense attorney early can help you better understand the charge, the possible penalties, and the next steps in your case. If you need to talk through your situation, call (337) 333-4057 for a consultation.
A defense team with deep roots in Lake Charles criminal courts
Assault and battery cases often come down to details that are disputed from the beginning. Witnesses may give different accounts. Video footage may only show part of an incident. In some cases, officers arrive after the situation is already over and must make decisions based on conflicting statements.
The Johnson Firm has represented clients in Lake Charles and Southwest Louisiana for decades. Founded by Terry Johnson in 1980, the firm has built long-standing credibility in local courtrooms through serious criminal defense work and detailed case preparation.
Our criminal defense team handles both misdemeanor and felony assault and battery charges in Southwest Louisiana. We regularly review police reports, witness statements, body camera footage, and other evidence tied to these cases. Because our attorneys have spent years practicing in the local courts, we understand how prosecutors build these cases and where problems in the investigation can surface early.
Learn more: Why local legal representation matters: Advantages of hiring a law firm in Lake Charles
What our clients are saying
|
“I cannot say enough about Adam Johnson and the Johnson Firm. From the very beginning, their team was professional, knowledgeable, and genuinely cared about helping me through my situation. They took the time to explain everything clearly, kept me informed throughout the entire process, and always responded quickly whenever I had questions.” — Karen B. |
|
“I recently had the privilege of working with Adam Johnson on a complex legal matter, and I cannot express enough gratitude for the outstanding service provided. From the moment I stepped into the office, I was met with professionalism and empathy. Adam possesses an unparalleled depth of knowledge in criminal law, and his ability to present compelling arguments in court is truly remarkable. He kept me informed and involved every step of the way.” — Scott B. |
How do assault & battery charges work in Louisiana?
As defined in R.S. 14:36, assault is an attempt to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery. Furthermore, battery is defined under R.S. 14:33 as an intentional use of force or violence upon another person, or the intentional administration of poison or another noxious liquid or substance to another person.
Simply put, assault can involve either an attempted battery or intentionally causing someone to reasonably fear that a battery is about to happen. Battery generally involves the intentional use of force or violence against another person.
There are many degrees of assault and battery charges, and in some cases, a person is charged with both. Because of this, these cases can be very complex.
What are the laws related to assault and battery in Louisiana?
A wide variety of assault crimes are covered under Title 14 of the Louisiana Revised Statutes. Assault charges fall under two main categories: aggravated assault, which involves an assault using a dangerous weapon (firearms, knives, etc.), and simple assault, when no weapons are present.
Aggravated assault generally involves an alleged assault committed with a dangerous weapon, while simple assault cases do not involve a dangerous weapon.
There are also many types of battery, defined under Title 14, which include aggravated battery, second-degree battery, aggravated second-degree battery, domestic abuse battery, and simple battery.
There are also specific statutes dedicated to covering the battery or assault of certain persons, such as the battery or assault of a police officer, a school teacher, a school or recreational athletic contest official, a bus operator, and more.
The exact charge can depend on several factors, including the severity of the alleged injuries, whether a weapon was involved, the relationship between the parties, and the accused person’s prior criminal history.
Punishment can range from hundreds to thousands of dollars in fines to days or years of jail time. Some assault and battery offenses are misdemeanors, while others are charged as felonies under Louisiana law.
What affects an assault or battery case in Louisiana?
These cases often depend heavily on witness credibility, medical records, video footage, prior communication between the parties, and whether officers collected all available evidence at the scene.
In some situations, officers arrive after the incident is already over and must rely on conflicting statements from the people involved. That can create disputes about who started the confrontation, whether force was legally justified, or whether the allegations match the physical evidence.
Small details can matter early in these cases, especially before giving statements or deciding how to respond to the charge
What are the consequences of an assault or battery conviction?
The penalties for assault and battery charges in Louisiana depend on the exact offense, whether a weapon was involved, the severity of the alleged injuries, and the accused person’s criminal history. Some offenses are misdemeanors, while others carry felony penalties and potential prison time.
A conviction might also create long-term issues involving employment, professional licensing, housing applications, or firearm rights in certain cases. Some felony offenses classified as crimes of violence can carry especially serious consequences under Louisiana law.
Learn more: Understanding the legal process for assault in Louisiana
What evidence matters in assault and battery cases?
Assault and battery cases are often decided based on the evidence available after the incident. In many situations, officers arrive after everything has already happened and must rely on witness statements and physical evidence to piece together what occurred.
Some of the most important evidence in these cases may include:
- Body camera or dash camera footage
- Surveillance video from nearby businesses or homes
- 911 calls and dispatch records
- Medical records and photos/videos of injuries
- Witness statements
- Texts, social media posts, or prior communication between parties
- Physical evidence collected at the scene
The credibility of witnesses can also become a major issue, especially when different people describe the incident differently. In some cases, evidence that initially seems minor can later become important when prosecutors and defense attorneys begin reviewing the full timeline of events.
What are some defenses to assault and battery charges?
Early in the case, the defense may request police reports, witness statements, videos, photos, forensic evidence, and other materials the prosecution intends to use. In some situations, the defense may also seek evidence favorable to the accused person.
In some situations, additional motions may be necessary if evidence was not preserved properly or if there are questions about how law enforcement handled the investigation.
The following are some defenses that may apply in assault and battery cases:
No intent
It must be proven that a person acted intentionally. In some cases, the defense may argue that the accused person lacked the required intent because of a medical condition, involuntary intoxication, or another circumstance affecting their actions at the time of the incident.
No harm or reasonable fear of harm
In assault and battery cases, prosecutors must still prove the legal elements of the charge. Depending on the allegations, that may include proving physical harm occurred or that another person reasonably feared an imminent battery.
Witness statements, medical records, and video footage may all become important when those facts are disputed.
Self-defense or defense of others
Louisiana law recognizes self-defense in certain situations, including cases involving a reasonable belief that force was necessary to prevent harm. Whether self-defense applies depends heavily on the specific facts of the incident.
Violation of constitutional rights
Everyone has constitutional protections during a criminal investigation, including the right against self-incrimination. Questions sometimes arise about whether statements were obtained lawfully or whether a person’s constitutional rights were respected during questioning.
If a constitutional violation occurred, that issue may affect what evidence can be used in court.
Missing video footage
Video footage may exist from body cameras, dash cameras, nearby businesses, or other sources. When important evidence was not preserved properly, that issue can become relevant in the defense of the case.
Warrantless search or seizure
Officers generally must have lawful authority to search or seize evidence. If there are questions about whether a search or seizure was constitutional, the defense may challenge how evidence was obtained and whether it should be admissible in court.
Frequently asked questions about assault and battery charges in Louisiana
What is the difference between assault and battery in Louisiana?
Under Louisiana law, assault generally involves an attempted battery or intentionally placing another person in reasonable fear of being harmed. Battery involves actual physical contact or the intentional use of force or violence against another person.
Can assault charges be dropped in Louisiana?
Yes, in some situations. Prosecutors may reduce or dismiss charges when there are problems with the evidence, conflicting witness statements, credibility issues, or legal problems involving the investigation. In other cases, charges may change after prosecutors review medical records, video footage, or additional evidence.
Should I talk to police after an assault arrest?
It is usually best to speak with a defense attorney before answering questions from investigators. Statements made early in a case can later be used by prosecutors, even when someone believes they are simply trying to explain their side of the situation.
Can assault or battery charges be expunged in Louisiana?
Some assault and battery charges may qualify for expungement, but not every offense is eligible. Certain felony crimes of violence cannot be expunged under Louisiana law. Eligibility often depends on the exact charge, the outcome of the case, and a person’s criminal history.
Our team is ready to listen
An assault or battery charge can carry serious consequences under Louisiana law. If you have been arrested or charged in Lake Charles or the surrounding area, The Johnson Firm can review the allegations, explain the charge, and discuss possible defense strategies with you. To schedule a consultation with a Lake Charles assault & battery attorney, call (337) 333-4057 or contact us online.
