Facing assault or battery charges in Lake Charles, Louisiana, can be a frightening and
confusing experience. These charges, ranging from misdemeanors to serious felonies, carry
significant penalties that can impact your freedom, finances, and reputation for years to come. At
The Colonna Law Firm, LLC, our dedicated Lake Charles criminal defense attorney, Jacob
Colonna, understands the nuances of Louisiana assault and battery laws. We are committed to
providing an aggressive, strategic defense, protecting your rights, and fighting tirelessly for the
best possible outcome in your case.
Whether you’ve been accused of a misunderstanding, acted in self-defense, or are facing serious
allegations, do NOT speak to law enforcement without legal counsel. Contact us immediately.
Understanding Assault vs. Battery in Louisiana Law
While often used interchangeably in everyday language, assault and battery are distinct legal
terms in Louisiana:
Assault (La. R.S. 14:36): An attempt to commit a battery, or the intentional placing of
another in reasonable apprehension of receiving a battery. No physical contact is
required. It’s about the threat or fear of harm.
Battery (La. R.S. 14:33): The intentional use of force or violence upon the person of
another. Physical contact, however slight, is required. The contact must be without the
victim’s consent.
Both assault and battery charges escalate in severity based on factors like the use of a dangerous
weapon, the intent to inflict serious injury, or the victim’s status.
Types of Assault Charges in Lake Charles, LA
Our Lake Charles assault lawyers defend clients against a range of assault allegations:
Simple Assault (La. R.S. 14:38)
Definition: An assault committed without a dangerous weapon. It’s typically a
misdemeanor involving a verbal threat or an action that makes someone fear immediate
harm.
Penalties: Fined not more than $200, or imprisoned for not more than 90 days, or both.
Aggravated Assault (La. R.S. 14:37)
Definition: An assault committed with a dangerous weapon. The weapon does not need
to be used, only present and capable of inflicting harm. Examples include pointing a gun,
brandishing a knife, or even threatening someone with a car.
Penalties: Fined not more than $1,000, or imprisoned for not more than six months, or
both. (Note: If committed upon a store employee during theft, mandatory minimum 120
days imprisonment without suspension.)
Aggravated Assault with a Firearm (La. R.S. 14:37.4): If the dangerous weapon is a
firearm and it is discharged, penalties increase to up to a $10,000 fine and/or up to 10
years imprisonment.
Aggravated Assault Upon a Dating Partner (La. R.S. 14:34.9.1)
Definition: An assault with a dangerous weapon committed by one dating partner upon
another. “Dating partner” is broadly defined as someone in a sexual or intimate
relationship, regardless of living together.
Penalties: Imprisonment at hard labor for not less than one year nor more than five years
and a fine of not more than $5,000.
Child Endangerment Enhancement: If a minor child 13 years of age or younger was
present, the mandatory minimum sentence is increased to two years.
Types of Battery Charges in Lake Charles, LA
Our Lake Charles battery lawyers defend clients against a wide spectrum of battery
allegations:
Simple Battery (La. R.S. 14:35)
Definition: A battery committed without the consent of the victim. This involves any
unwanted physical contact, even if it doesn’t cause injury (e.g., a shove, a slap, grabbing
someone).
Penalties: Fined not more than $1,000, or imprisoned for not more than six months, or
both.
Aggravated Battery (La. R.S. 14:34)
Definition: A battery committed with a dangerous weapon. This means actual physical
contact occurred using an object capable of inflicting serious harm.
Penalties: Fined not more than $5,000, imprisoned with or without hard labor for not
more than 10 years, or both. At least one year of the sentence must be served without
benefit of parole, probation, or suspension if the victim is an active military member or
disabled veteran. Aggravated battery is a crime of violence in Louisiana and
generally cannot be expunged.
Second Degree Battery (La. R.S. 14:34.1)
Definition: A battery where the offender intentionally inflicts serious bodily injury.
“Serious bodily injury” means unconsciousness, extreme physical pain, protracted and
obvious disfigurement, protracted loss or impairment of a bodily function, or a substantial
risk of death.
Penalties: Fined not more than $2,000 or imprisoned, with or without hard labor, for not
more than 8 years, or both.
Enhanced Penalties: If the victim is an active military member or disabled veteran, at
least 18 months of the sentence must be served without benefits.
Aggravated Second Degree Battery (La. R.S. 14:34.7)
Definition: The most severe battery charge, combining elements of aggravated and
second-degree battery. It is a battery committed with a dangerous weapon when the
offender intentionally inflicts serious bodily injury.
Penalties: Fined not more than $10,000 or imprisoned, with or without hard labor, for not
more than 15 years, or both. At least one year of the sentence must be served without
benefits if the victim is active military or a disabled veteran. This is a crime of violence
and generally cannot be expunged, and probation is often not allowed.
Battery of a Police Officer (La. R.S. 14:34.2)
Definition: A battery committed without the victim’s consent when the offender
reasonably believes the victim is a police officer acting in the performance of duty. This
includes throwing liquids or human waste.
Penalties (First Offense): Fined not more than $500 and imprisoned not less than 15
days nor more than 6 months without benefit of suspension of sentence. Penalties
increase significantly for repeat offenses or if the battery causes injury requiring medical
attention.
Simple Battery of the Infirm (La. R.S. 14:35.2)
Definition: A battery committed against a person who is infirm, has a disability, or is
aged, and who is incapable of consenting due to age or mental/developmental disability.
Penalties: Fined not more than $500 and imprisoned not less than 30 days nor more than
6 months, or both.
Common Defenses Against Assault & Battery Charges
Facing an assault or battery charge doesn’t mean conviction is automatic. Our experienced Lake
Charles criminal defense team will thoroughly investigate your case to build the strongest
possible defense, which may include:
Self-Defense / Defense of Others: You used reasonable force to protect yourself or
another person from an imminent threat of harm.
Lack of Intent: The prosecution must prove you intentionally committed the act. If the
contact or threat was accidental, this could be a defense.
Consent: If the contact was consensual (e.g., in a sporting event or playful interaction).
False Accusations / Mistaken Identity: The alleged victim or witnesses are not credible,
or you were wrongly identified as the perpetrator.
Insufficient Evidence: The prosecution lacks enough evidence to prove guilt beyond a
reasonable doubt.
Constitutional Violations: Evidence obtained through illegal search and seizure, or
violations of your right to remain silent, may be inadmissible.
Why Choose Colonna Law Firm, LLC for Assault & Battery Defense in Lake Charles?
An assault or battery conviction can lead to jail time, hefty fines, a permanent criminal record,
and challenges with employment or housing. You need a dedicated and aggressive legal advocate
on your side. At The Colonna Law Firm, LLC, our Lake Charles Assault & Battery Lawyer,
Jacob Colonna, provides:
Thorough Investigation: We meticulously examine police reports, witness statements,
video evidence, and medical records to uncover facts that support your defense.
Strategic Defense Planning: We develop a tailored legal strategy designed to achieve
the best possible outcome, whether that’s dismissal, reduction of charges, or acquittal at
trial.
Aggressive Courtroom Advocacy: While we explore all avenues for favorable plea
bargains, we are fully prepared to litigate fiercely on your behalf in court, challenging
the prosecution’s case at every turn.
Protection of Your Rights: We ensure your constitutional rights are upheld throughout
the entire legal process.
Clear Communication: We explain complex legal concepts simply, keeping you
informed and empowered at every step.
If you or a loved one has been charged with assault or battery in Lake Charles, LA, or
Calcasieu Parish, your future is on the line. Don’t delay in seeking experienced legal help.
Contact The Colonna Law Firm, LLC immediately for a free and confidential consultation.
Let us fight to protect your freedom and clear your name.