Assault & Battery Attorney in Lake Charles, Louisiana
Criminal Defense · Assault & Battery
Free 30-minute consultation — (337) 656-3212
I am Jacob Colonna, a criminal defense attorney in Lake Charles, Louisiana, and managing attorney of Colonna Law Firm LLC, located at 900 Ryan St., Ste. 402, Lake Charles, LA 70601. I handle assault and battery charges at the 14th Judicial District Court in Calcasieu Parish, representing clients facing misdemeanor simple battery through felony aggravated assault and second degree battery charges. Assault and battery offenses in Louisiana are governed by La. R.S. 14:35 (simple assault), La. R.S. 14:36 (aggravated assault), La. R.S. 14:35.3 (battery of a dating partner), and related statutes under Title 14 of the Louisiana Revised Statutes. I hold a 5.0 rating across 200+ Google reviews. To schedule a free 30-minute consultation, call (337) 656-3212.
Talk directly with Jacob about your criminal defense case — no obligation, no pressure.
It Happened Fast — and Now the System Wants to Make It Permanent
Maybe it was one punch. Maybe it was a confrontation that got out of hand at a bar on Ryan Street, a parking lot off Nelson Road, or a front yard in a neighborhood you’ve lived in your whole life. Maybe someone said something, pushed first, or crossed a line that made you react. Whatever happened, it was over in seconds — and now you are facing a criminal charge that could follow you for the rest of your life.
Louisiana does not grade assault and battery charges lightly. A simple battery conviction is a misdemeanor, but it carries up to six months in jail and a fine. An aggravated battery or aggravated assault charge is a felony — and a felony conviction in Calcasieu Parish means a permanent criminal record, potential prison time, and consequences that extend into your employment, your professional licenses, and your right to own a firearm. The system doesn’t ask what happened first. It asks what the evidence shows.
I have defended assault and battery cases at the 14th Judicial District Court for over 17 years. I know how these charges are built, where the evidence is weak, and how to challenge the prosecution’s version of events. If you were involved in a physical altercation in Lake Charles or Calcasieu Parish, the decisions you make in the next 48 hours will shape the outcome of your case.
If you haven’t already spoken to an attorney, you’re already behind. Contact Colonna Law Firm now.
What Is the Difference Between Assault and Battery in Louisiana?
Louisiana law treats assault and battery as distinct offenses, though they are frequently charged together and arise from the same incident.
Assault, defined under La. R.S. 14:36, is the intentional attempt to commit a battery, or the intentional placing of another person in reasonable apprehension of receiving a battery. No physical contact is required. If you threatened someone or made them genuinely fear they were about to be struck, that is assault.
Battery, defined under La. R.S. 14:33, is the intentional use of force or violence upon the person of another. Physical contact is required — but the contact does not have to cause injury. An offensive touch can qualify.
The distinction matters because the charges carry different penalties and different defense strategies. I evaluate both the assault and battery components of every case separately and build the defense accordingly.
How Do Assault and Battery Charges Escalate in Louisiana?
The severity of the charge depends on the circumstances — specifically the degree of force used, the use of a weapon, and the identity of the victim.
Simple Battery and Simple Assault
Simple battery (La. R.S. 14:35) and simple assault (La. R.S. 14:38) are misdemeanor offenses. Simple battery carries up to six months in parish jail and a fine of up to $1,000. Simple assault carries up to 90 days in jail and a fine of up to $200. These are the baseline charges — but prosecutors regularly pursue aggravated charges based on the facts.
Second Degree Battery
Second degree battery (La. R.S. 14:34.1) is a felony charged when the offender intentionally inflicts serious bodily injury. Serious bodily injury includes unconsciousness, extreme physical pain, protracted and obvious disfigurement, or loss of a bodily function. This charge carries up to eight years at hard labor. I have seen second degree battery charged in cases that began as a bar fight.
Aggravated Battery and Aggravated Assault
Aggravated battery (La. R.S. 14:34) involves the use of a dangerous weapon. Aggravated assault (La. R.S. 14:37) involves the use of a dangerous weapon in threatening another. Both are felonies. A dangerous weapon includes any instrument that can cause serious bodily harm — a bottle, a belt, a vehicle. Aggravated battery carries up to ten years at hard labor.
What Defenses Are Available for Assault and Battery Charges in Louisiana?
The most common and most effective defense in assault and battery cases is self-defense. Louisiana law permits the use of force when a person reasonably believes it is necessary to prevent imminent unlawful force against themselves or another. The key word is reasonable — the force used must be proportional to the threat.
Other defenses I evaluate in every case include:
- Self-defense or defense of others — Louisiana’s justification statute (La. R.S. 14:19) permits reasonable force to prevent unlawful aggression
- Consent — relevant in mutual combat situations where both parties agreed to the altercation
- Lack of intent — battery requires intentional use of force; accidental contact is not battery under Louisiana law
- Misidentification — eyewitness accounts of physical altercations are notoriously unreliable, particularly in bar or crowd situations
- Credibility of the alleged victim — prior inconsistent statements, motive to fabricate, and criminal history are all viable impeachment avenues
I have handled assault and battery cases at the 14th JDC ranging from misdemeanor simple battery to felony aggravated battery. I handle every case personally from the first consultation through trial or resolution.
What Are the Consequences of an Assault or Battery Conviction in Louisiana?
Beyond jail time and fines, a conviction creates consequences that follow you long after the sentence ends. A felony battery conviction in Louisiana results in the permanent loss of your right to possess a firearm under both state and federal law. It can disqualify you from professional licenses in healthcare, education, and other regulated fields. It appears on background checks and can affect employment, housing, and custody proceedings.
Even a misdemeanor battery conviction carries lasting collateral consequences. If you are not a U.S. citizen, a battery conviction can have immigration consequences that must be addressed before any plea is entered. I evaluate every case for collateral consequences before advising on how to proceed.
Why Hire Jacob Colonna for an Assault or Battery Charge in Lake Charles?
Nobody hires me when they’re having a great day. An assault or battery charge — whether it’s a misdemeanor from a bar fight or a felony aggravated battery indictment — puts your freedom, your record, and your future on the line. The prosecution has a version of events. My job is to build a better one, or to expose the weaknesses in theirs.
I have practiced at the 14th Judicial District Court in Calcasieu Parish for more than 17 years. I know how assault and battery cases are investigated, charged, and prosecuted locally — and where the leverage typically lies. I handle every case personally, meaning the attorney you meet at the consultation is the attorney who appears in court.
Frequently Asked Questions
What Are the Consequences of an Assault or Battery Conviction in Louisiana?
Beyond jail time and fines, a conviction creates consequences that follow you long after the sentence ends. A felony battery conviction in Louisiana results in the permanent loss of your right to possess a firearm under both state and federal law. It can disqualify you from professional licenses in healthcare, education, and other regulated fields. It appears on background checks and can affect employment, housing, and custody proceedings.
Even a misdemeanor battery conviction carries lasting collateral consequences. If you are not a U.S. citizen, a battery conviction can have immigration consequences that must be addressed before any plea is entered.
Can I go to jail for a first-offense simple battery in Louisiana?
Nobody hires me when they’re having a great day. An assault or battery charge — whether it’s a misdemeanor from a bar fight or a felony aggravated battery indictment — puts your freedom, your record, and your future on the line. The prosecution has a version of events. My job is to build a better one, or to expose the weaknesses in theirs.
I have practiced at the 14th Judicial District Court in Calcasieu Parish for more than 17 years. I know how assault and battery cases are investigated, charged, and prosecuted locally — and where the leverage typically lies. I handle every case personally, meaning the attorney you meet at the consultation is the attorney who appears in court.
Can I go to jail for a first-offense simple battery in Louisiana?
Yes. Simple battery is a misdemeanor under La. R.S. 14:35, carrying up to six months in parish jail and a fine of up to $1,000. Whether jail time is imposed depends on the facts of the case, your prior criminal history, and the judge’s discretion. A first-offense misdemeanor battery does not automatically result in jail, but it is a possibility that must be taken seriously. Probation, a fine, or a suspended sentence are common outcomes for first offenders — but none of those outcomes are guaranteed without effective representation.
What is the difference between simple battery and aggravated battery in Louisiana?
Simple battery (La. R.S. 14:35) is the intentional use of force or violence upon another person without their consent. It is a misdemeanor. Aggravated battery (La. R.S. 14:34) involves the use of a dangerous weapon — any instrument capable of producing serious bodily harm. Aggravated battery is a felony carrying up to ten years at hard labor. The presence of any object used as a weapon — a bottle, a rock, a vehicle — can elevate a misdemeanor battery to a felony.
Can assault and battery charges be dropped in Louisiana?
Yes — charges can be reduced or dismissed, but it depends entirely on the facts and the quality of the defense. Common grounds for dismissal include insufficient evidence, credibility problems with the alleged victim, a viable self-defense claim, or evidence that the prosecution cannot meet its burden of proof at trial. Charges are also sometimes reduced through plea negotiations. The decision whether to pursue dismissal, trial, or a negotiated resolution depends on the specific facts of your case — which is why an early consultation matters.
Does Louisiana have a Stand Your Ground law?
Louisiana does not use the term “Stand Your Ground” but recognizes a similar doctrine through La. R.S. 14:20, which provides that a homicide is justifiable when committed in self-defense if the person reasonably believes they are in imminent danger of losing their life or receiving great bodily harm. For non-lethal force cases, La. R.S. 14:19 permits the use of force or violence when a person reasonably believes it is necessary to prevent a forcible offense against themselves. There is no duty to retreat in Louisiana when the person is not engaged in unlawful activity and is in a place they have a right to be.
What happens if the alleged victim does not want to press charges?
In Louisiana, the decision to prosecute belongs to the District Attorney’s Office — not the alleged victim. A victim who does not wish to press charges can communicate that to the DA, but the DA can and does proceed with prosecution independently if the evidence supports it. This is especially common in domestic violence and dating partner battery cases. The victim’s cooperation — or lack thereof — affects the strength of the prosecution’s case but does not automatically result in dismissal.
Can a battery conviction be expunged in Louisiana?
Misdemeanor battery convictions may be eligible for expungement after a waiting period, subject to eligibility requirements under Louisiana law. Felony battery convictions have a longer waiting period and more restrictive eligibility criteria. Whether expungement is available depends on the specific offense, the sentence imposed, and your prior criminal history. I evaluate expungement eligibility as part of every case representation and can address it at the initial consultation.
Will a battery conviction affect my gun rights?
A felony battery conviction results in the permanent loss of your right to possess a firearm under both Louisiana and federal law. Additionally, under federal law (18 U.S.C. § 922(g)(9)), a misdemeanor conviction for domestic violence — including battery of a dating partner — permanently disqualifies you from possessing a firearm. This is a critical consequence that must be evaluated before any plea is entered in a battery case involving a domestic or dating relationship.
I was defending myself — why was I charged?
Law enforcement frequently charges the person who inflicted visible injury, regardless of who initiated the confrontation. If you acted in self-defense, the facts need to be developed and presented properly — the arresting officer’s report is rarely the complete picture. I investigate the full sequence of events, identify witnesses, obtain surveillance footage when available, and build the self-defense narrative from the evidence. A self-defense claim is a complete defense to battery under Louisiana law — but it must be established, not just asserted.
Have a criminal matter in Lake Charles? Colonna Law Firm, LLC offers a free 30-minute consultation.
📞 (337) 656-3212 🌐 www.colonnalawfirm.com 📍 900 Ryan Street, Suite 402 | Lake Charles, LA 70601
Jacob Colonna is a criminal defense attorney in Lake Charles, Louisiana with 17 years of experience at the 14th Judicial District Court. He serves clients in Calcasieu, Beauregard, Jefferson Davis, and Allen Parishes with criminal defense cases. Jacob Colonna is a trial attorney with extensive courtroom experience across all stages of Louisiana family law proceedings — from arrest through trials and appeals.
Last Reviewed: July 2026 | Content reviewed by Jacob Colonna, Attorney at Law
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Located at 900 Ryan Street, Suite 402, in downtown Lake Charles.
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