Let us be your advocates
Have you been charged with assault or battery in Louisiana? Are you concerned about your future?
During this difficult time, you need to put your case in the hands of a top defense attorney with the knowledge and experience to effectively fight for your rights and produce the best outcome. With a history of successfully getting justice for our clients, you can trust that an Lake Charles assault & battery lawyer at The Johnson Firm will be your partner throughout the entire process.
Whether you’re located in the Lake Charles area or one of the surrounding cities in Louisiana, we’d love to help you with your case.
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 in which, battery is 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.
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 Louisiana state law. 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.
There are also many types of battery, defined under Title 14, which include aggravated battery, second-degree battery, aggravated second-degree 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 outcome of your case will depend on a variety of different factors, such as weapons used, the amount of harm done, criminal history, persons involved, and more. Punishment can range from hundreds to thousands of dollars in fines to days or years of jail time. These charges can be harsh, but an experienced Lake Charles assault & battery lawyer will work to have your charges reduced or dismissed.
Why you can trust The Johnson Firm
When your future is hanging in the balance, you need to partner with a criminal defense team that can get you the results you want. Speak with a trusted Lake Charles assault & battery lawyer in, whose goal is to reduce or beat your charges by diligently studying your case and exercising all of your rights as a citizen.
With years of experience and knowledge at hand, our team works hard to gather all the necessary evidence and facts to find potential flaws. We will question every aspect of your case and fight for justice on your behalf.
We can help you understand every aspect of your case. You can breathe easier with our team by your side.
Recent criminal defense news
What are some defenses to assault and battery charges?
At the very first hearing in your case, our criminal defense attorney files numerous motions requesting any and all evidence that the prosecutor intends to use against you in order to strategically employ defenses aimed at achieving the best possible outcome in your case, whether it be a reduction in charge(s) or an outright dismissal. These motions also demand evidence that the State has in its possession which is favorable to the defendant’s case, commonly referred to as exculpatory evidence. Likewise, often times it is necessary for additional motions be filed to demand evidence not initially disclosed that shed light on a sloppy investigation, dishonest police officers, or a failure by the police to preserve evidence and/or follow policy. To that end, evidence may be suppressed (i.e. ruled inadmissible/thrown out) if it is determined that such evidence was unconstitutionally seized or if the police officer failed to preserve evidence properly as required by law. The following are some assault and battery defenses that have been successfully utilized:
- No intent: It must be proven that a person had specific intent to assault and/or batter the alleged victim. However, the defendant may not have been able to form intent for various reasons, including but not limited to, incapacity due to mental illness/medical condition, involuntary intoxication, or an honest mistake. When such is the case, our criminal defense attorney and our investigator will zealously investigate the case to find corroborating evidence to support this defense in court and/or to bolster negotiations with the prosecutor to have your case dismissed or substantially reduced prior to trial.
- No harm/fear of harm: In order to be convicted of assault and/or battery, it must be proven that the alleged victim was actually harmed or had a reasonable fear of being harmed. Often times, our investigator is able to locate evidence casting doubt or diminishing any claims that the alleged victim suffered and/or feared an imminent battery.
- Self defense and/or defense of others: If a person feels threatened or has a reasonable fear that someone else would be harmed or their property would be damaged, they have a legal right to defend themselves, others, and/or their property. Louisiana is a stand your ground state. Likewise, our criminal defense attorney has successfully gotten cases dismissed and won jury trials based on this defense.
- Violation of Constitutional rights: Everyone has a constitutional right against self-incrimination; therefore, an officer must advise a person of their rights, including their right to refuse questioning, prior to any interrogation and/or testing. Officers routinely fail to properly honor a suspect’s right to refuse questioning or cutoff questioning. Accordingly, when the officer fails to honor the suspect’s rights, statements made by the subject may be suppressed and the charges dismissed.
- Missing video footage: Law enforcement agencies have specific policies and procedures in place that mandate officers to record their investigation and interaction with parties involved. Therefore, unit and/or body camera footage should be available from every officer that was on scene assisting with the investigation in order to give an accurate depiction of the events that took place. When material and or exculpatory video is lost, our criminal defense attorney will seek to have the charges dismissed based on a violation of due process.
- Warrantless search/seizure: Officers must obtain a valid warrant prior to searching and seizing evidence from a person’s property. If the facts listed in the affidavit supporting the warrant do not constitute probable cause, our criminal defense attorney will file a Motion to Suppress the evidence seized as a result of the invalid warrant. This can result in your charge(s) being dismissed or drastically reduced.
Our team is ready to listen
No matter the scenario or the charges you’re facing, The Johnson Firm can help. Don’t wait any longer to partner with a legal team that you can trust to get the best outcome for your case – get in touch with our team today.
