At The Johnson Firm, we specialize in guiding our clients through the complexities of the criminal justice system, particularly in cases involving assault. This guide aims to demystify the process of defending against assault charges in Louisiana, detailing each step from the initial accusation to the resolution of the case.
Keep reading for more from our skilled Lake Charles assault and battery lawyers, then contact us online or call (337) 433-1414 to schedule your consultation.
What is considered assault in Louisiana?
In Louisiana, assault is defined as an attempt to cause physical injury to another person — for example, attempting to strike someone with a hand or object without making contact. More severe forms of assault, which may involve the use of a weapon or the intent to commit a felony, fall under the category of aggravated assault.
RS 14:37 – Aggravated assault
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The arrest and booking process
When a person is accused of assault in Louisiana, the typical first step in the legal process is arrest. This is usually followed by booking, where the suspect’s fingerprints and photographs are recorded, and formal charges are filed. During this initial phase, having skilled legal representation can help manage the situation more effectively, ensuring that the accused’s rights are protected.
Understanding your rights
Once arrested for assault in Louisiana, it’s critical to understand your rights. You have the right to remain silent and the right to an attorney. The Johnson Firm strongly advises against speaking to law enforcement officials about the incident until you have consulted with an attorney who can provide guidance based on the specifics of your case.
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The arraignment and plea
The next step is the arraignment, where the accused is formally read the charges and asked to enter a plea. The options here are typically guilty, not guilty, or no contest. Our attorneys at The Johnson Firm can help you understand the implications of each plea and advise you on the best course of action based on the evidence and circumstances of your case.
The pre-trial process
The case will move to the pre-trial phase if a not-guilty plea is entered. This includes discovery, where both the defense and the prosecution share evidence. It may also involve pre-trial motions, where issues such as the suppression of evidence or the legality of the arrest might be argued.
The trial
During the trial for assault in Louisiana, both sides present their evidence and arguments to either a judge or a jury. The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” As defense attorneys, The Johnson Firm works to challenge the prosecution’s evidence, present counter arguments, and protect the rights of the accused throughout the trial process.
Sentencing
The next step is sentencing if the trial concludes with a guilty verdict. Louisiana’s laws provide guidelines for penalties based on the severity of the assault. Sentences can range from fines and probation to imprisonment. Our lawyers aim to achieve the most favorable outcome for our clients, whether negotiating reduced penalties or arguing for alternative sentencing options.
Appeals
Should the trial outcome be unfavorable, the defendant has the right to appeal the decision. An appeal can be based on various factors, such as legal errors that might have affected the verdict or the severity of the sentencing. The Johnson Firm’s criminal defense team is experienced in handling appeals, striving to overturn unjust convictions or reduce excessive sentences.
Arrested? We can help.
Facing assault charges in Louisiana can be daunting, but understanding the legal process helps in navigating these challenging waters. With the experienced attorneys at The Johnson Firm, you’re assured of robust defense strategies tailored to protect your rights and secure the best possible outcome in your case.
If you or someone you know is dealing with assault charges, don’t hesitate to contact us for legal guidance and representation.