Assault occurs when someone intentionally instills fear in another individual of imminent bodily harm. This crime can happen without physical contact, relying solely on implied or perceived threats.
What to Expect When Facing Felony Assault Charges in Louisiana
What to Expect When Facing Felony Assault Charges in Louisiana
Louisiana Felony Assault Charges
An assault in Louisiana occurs when someone tries to injure another person physically (a battery); an example of this would be missing a strike with a hand or item. Any deliberate act or threat of action that justifiably makes someone fear that violence may break out can also be considered an assault. The assault laws of Louisiana apply to activities that involve threats of violence or attempted battery. When the defendant targets particular victims or the potential of injury increases, assault charges can go from misdemeanors to felony assault charges.
As soon as the arrest is made, you should speak with an assault attorney if charged with assault in Louisiana. It will be your best opportunity to achieve the optimal outcome. You will benefit in your circumstances if you have legal representation. While you wait for your trial, the lawyer can assist you with every legal matter. Hiring a lawyer may result in a dismissal of the charge, a reduced sentence, and ultimately work to your advantage in keeping an arrest or conviction off of your record. For this reason, contact dedicated lawyer David E. Stanley, APLC, who will work hard on your behalf.
David E. Stanley, APLC, focuses his practice on felony charges, including assault charges, and we will help you improve your chances of a successful outcome prior to, amd during, your trial. It will help the process move along quickly and make your life easier. Sure, you made a mistake, let him help you.
To Schedule An Appointment,
Contact David E. Stanley, APLC at (225) 926-0200 Today
What to Expect When Facing
Assault Charges in Louisiana
Here is what you can expect to take place if assault charges are filed against you.
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The Arrest
The only things you are legally required to give the police when you are detained are your name and address. Without an attorney present, you have the right to silence and to refuse to answer any questions. Tell the cops you want an attorney if they want to question you. Wait until your lawyer arrives before answering any of their questions and do not volunteer any information to them. Remain silent until your lawyer arrives to meet with you.
Some people believe that they won’t say anything that incriminates them or undermines their case, or that will be helpful or advantageous to the prosecution. Frequently, this does more harm than good. In Louisiana, you’ll probably have to pay bail to be released from jail after being arrested on assault charges. You will be detained throughout the court proceedings if you cannot post a bond.
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Probable Cause Determination
Within 48 hours of your arrest, the probable cause determination is made; it may happen without your presence or that of your attorney. The district attorney and a judge will conduct the hearing to ascertain whether there is probable cause to support your arrest.
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First Appearance: Bond Hearing
Your first appearance before a judge will be to set your bond hearing and determine if you have legal counsel. If you are charged with a felony, and cannot afford counsel, the court will appoint counsel for you. Your bond determination will now consider the specifics of the alleged attack, your past criminal history, and the possibility that you may appear in court for additional hearings.
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District Attorney Reviews Case
The district attorney’s office will examine the case file after the arrest and bond hearing to determine whether to press formal charges. If you are detained, the district attorney must file a bill of information or indictment on a misdemeanor offense within 45 days of your arrest. They have 60 days following the arrest if it is a felony assault charge.
If you are freed on bond, the district attorney has ninety days to file a misdemeanor bill of information or indictment. For felony assault charges, they have 150 days to submit documentation. The district attorney must release you from custody if they do not file charges against you within the allotted period. They can only keep you in custody if the government explains the holdup.
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Arraignment
An arraignment occurs following the filing of charges by the District Attorney. When you and your lawyer arrive in court, you will formally enter a plea, typically “not guilty.”
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Plea Bargain
The district attorney and your lawyer will probably negotiate a plea deal while the case is still pending. The aim is to find a solution that satisfies you, your attorney, the district attorney, and the judge. Plea agreements are reached when the parties consent to a lesser charge, reduced punishment, or when some of the charges are dismissed before trial or reduced to a lesser charge with less severe penalties. The plea agreement settles the criminal case without a trial.
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Trial
The court will schedule a trial if your attorney and the district attorney cannot reach a mutually agreeable plea deal. A judge will preside over the trial when misdemeanor assault charges are brought. A judge or jury may preside over your trial if charged with a felony. A judge alone decides all questions of law and fact in a judge trial, including whether you are guilty or innocent of the offense.
When a jury is used in a trial, the judge decides all legal issues while the jury considers factual issues, such as guilt or innocence. The day the district attorney files the indictment or bill of information marks the start of the clock on your right to a prompt trial. If you are charged with a capital offense, your trial must happen in three years. For felony assault charges, the trial must be held within two years, and for a misdemeanor, within one year.
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Sentencing
The parameters of your penalties, probation, or jail time are outlined during sentencing when you accept a plea deal or are found guilty by a judge or jury. Sometimes, a plea deal is pre-arranged with the judge and district attorney before the plea. Your criminal history and the present conviction will determine your sentence.
Assault is a misdemeanor; it is sometimes known as simple assault. According to La. R.S. 14:38, the punishment for this offense is a fine of up to $200, imprisonment for not more than 90 days, or both.
La. R.S. 14:37 provides that aggravated assault is an assault committed with a dangerous weapon The maximum penalty for this crime is $1,000 in fines and up to six months in prison. The only exception is that,, if the assault occurs against a retail employee during the commission of a robbery or attempted robbery, the minimum punishment is 120 days to six months in jail and a fine of up to $1,000.
La. R.S. 14:37.4 defines aggravated assault with a firearm as an assault committed with a firearm. A “firearm” is defined as an instrument used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it. The penalty for aggravated assault with a firearm is a fine of not more than $10,000 or imprisonment for not more than 10 years, with or without hard labor, or both.
Frequently Asked Questions
How Can Legal Representation Help in Felony Assault Cases?
Legal representation can help in felony assault cases by playing a crucial part in building a robust defense, navigating legal processes, and protecting the accused’s rights. Experienced attorneys can explore defenses, negotiate plea deals, and advocate for the best possible outcomes.
Hire David E. Stanley, APLC, if You Are
Facing Felony Assault Charges in Louisiana
If you or a loved one are arrested on assault charges, you need to contact an attorney right away. Assault charges carry differing penalties, depending on the facts of the case, whether a dangerous weapon was used. Negotiating the court system can be challenging. A criminal defense attorney is familiar with the law, the criminal process, and will negotiate the best plea bargain possible or go to trial with you.
Many people wait to see what will happen, hoping the problem will disappear because they are innocent. Avoid making this catastrophic mistake. Regardless of whether you believe that you are guilty or innocent, David E. Stanley, APLC, will fight to achieve the best outcome possible on your behalf. Contact him now to schedule a consultation and get him working on your case..
Call David E. Stanley, APLC, at (225) 926-0200 Today
David E. Stanley, APLC
1055 Laurel Street, Suite 2Baton Rouge, LA 70802
225-926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
Domestic Violence Attorney Baton Rouge LA
Domestic violence is defined by Louisiana law as a series of coercive and abusive tactics intended to intimidate and control a family member or adult intimate partner of the perpetrator. The scope and effects of these actions may be physical, psychological, emotional, sexual, or economic.
In general, the victim is:
A person related to the perpetrator by affinity or consanguinity, a current or former spouse living in an unmarried relationship with the perpetrator, or a person who shares a child with the perpetrator in a “intimate” relationship.
Under Louisiana law, domestic violence offenses are punishable by a wide range of sanctions.
For instance, someone charged with first-degree assault, a violent felony, could be sentenced to five to twenty-five years in prison and/or a fine of up to $5,000.When a person threatens another with a firearm or other deadly weapon, they are guilty of second-degree menacing, which is a Class A misdemeanor punishable by up to a year in jail and/or a $1,000 fine.
Additional crimes associated with domestic violence include:
- Aggravated harassment
- Aggravated criminal contempt
- Stalking Menacing
- Strangulation and similar crimes
- Endangering a child’s welfare is a crime.
When confronted with evidence of domestic violence, law enforcement personnel, such as LA police officers, must make mandatory arrests. Consequently, innocent individuals may be charged based on a false accusation or evidence attributable to other causes.
False allegations of domestic assault
If you are involved in a contentious divorce, child custody dispute, or even a bitter breakup with a jealous and vindictive partner, he or she may accuse you of domestic violence in order to “get even.” The mere accusation can stigmatize you because the police are required to arrest you and the accusation is extremely incendiary.
An allegation of domestic violence not only threatens you with jail time and a criminal record, but you will also be forced to leave your home and children behind if an Order of Protection is issued. Other collateral consequences of a conviction include the loss of professional licenses and certifications.
This makes an accusation of domestic violence particularly devastating for:
- Educators, such as teachers and university professors, are essential to society.
- Attorneys
- Physicians and nurses
- Police personnel
- Members of the armed forces
If you have been accused of domestic violence for these reasons, you should hire an experienced Baton Rouge criminal defense attorney to aggressively defend your rights and freedom. They will present your side of the alleged events and defend your legal rights in court so that you receive the highest level of possible legal support. A domestic violence charge can devastate an individual’s personal and professional life, but the right attorney will put their extensive training and experience to work for you.
As a criminal justice attorney in Baton Rouge, Louisiana, David E. Stanley is dedicated to protecting the rights of his clients. He has experience handling a variety of cases, including domestic violence. Domestic violence is a serious issue that can have lasting effects on its victims. Attorney Stanley is committed to helping his clients get the legal protection they need to stay safe and heal from the trauma of abuse. He works tirelessly to ensure that his clients receive the best possible outcome in their case. If you or someone you know is a victim of domestic violence, please contact Attorney Stanley for a free consultation. Domestic violence Attorney Baton Rouge LA.
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Michael Adam Weinberg
Mr. David Stanely was quick, focused and organized in representing me for a rather simple, local case but for which 1. I could not be present and 2. I had to take an action to defend myself. After another lawyer was incommunicado I am grateful to have found Mr. Stanley who got my case fully adjudicated. I highly recommend Mr. Stanley.
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nuhi haziri
My brother was facing complicated felony charges. A conviction or plea could have resulted in him being deported. We hired David Stanley to represent him. He is truly amazing and I highly recommend him to anyone facing complex or serious criminal charges. He really came through for my brother when he desperately need help.
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Finest Lawyer in Louisiana!!! David Stanley, Esq. is the #1 Attorney for your case, PERIOD!!! Mr. Stanley is not only one of the best lawyers in the Louisiana, but also in the nation. Before retaining Mr. Stanley as my attorney, I had consulted with many other attorneys. It quickly became very apparent to me that David Stanley was the best attorney for my case. He has over 30+ years of experience and you will not be able to find a more powerful attorney for your legal matter. He has an extremely high level of experience, intelligence and character. Throughout each stage of my critical legal matter, Mr. Stanley approached every single step with the highest level of expertise and attention. He was able to execute the best legal strategy and ultimately, my criminal case was dismissed and resolved in a very swift manner. He was ALWAYS impeccably punctual, instantly responsive, and super reliable; He was always there for me when I had any concerns or questions. The Bottom Line: He will get you the best possible result. Contacting Mr. Stanley was one of the wisest decisions I have made in my life. I wholeheartedly recommend anyone in any urgent legal matter to see him immediately.
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David is an honest, intelligent attorney who can be trusted with any need one may have legally. He is an excellent advisor and follows through on his promises. I would and have recommended him.
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David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.
Assault Attorneys Baton Rouge LA
Being attacked is a terrifying experience. As a victim, you may sustain injuries requiring medical care. Long after the incident, you may no longer be able to function normally even if you were not seriously injured.
After an attack, for instance, many victims experience PTSD symptoms, panic attacks, and a fear of leaving the house.
In Louisiana, assault is a serious offense punishable by a maximum of 25 years in prison. In addition, victims can pursue legal action to recover damages caused by an attack.
David E. Stanley can assist you if you have been the victim of a physical assault in Baton Rouge, Louisiana.
Although the cost of suffering is incalculable, compensation can provide a sense of justice and alleviate financial burdens. We have fought for the rights of victims for over three decades and are prepared to stand by your side during these difficult times.
The Definition of Assault
Assault occurs when one person causes physical harm to another. The classification of an assault is influenced by the severity of the injury and the defendant’s intent to cause harm.
• Assault in the third degree, or simple assault, occurs when the attacker intentionally causes harm, such as when someone punches another person during a fight.
• Assault of the second degree occurs when the aggressor either intends to cause serious harm or actually does so.
The only requirement for assault in the second degree is the intent to commit the crime.
While third-degree assault is a misdemeanor, second-degree assault is a mandatory-sentence Class D felony.
• A first-degree assault is committed with a deadly weapon or with the intent to disfigure or amputate.
This felony charge carries a mandatory minimum of five years in state prison.
Assault Claims in Court
In spite of a criminal conviction, victims may sue their attackers in civil court for damages. In fact, the burden of proof in civil court is lower, making it easier to receive justice after an assault.
Assault and battery lawsuits are torts in which the plaintiff has the burden of proof to establish intent. Additionally, you must demonstrate that the defendant made physical contact with you. A competent attorney will collect evidence proving both intent and physical contact. This consists of police reports, eyewitness accounts, and surveillance footage. In addition, attorneys may use expert witnesses to establish the lasting trauma that victims of physical assaults may experience.
Assault is a serious crime in Louisiana, and the penalties for conviction can be very severe. If you are facing assault charges, it is important to have an experienced criminal defense attorney on your side. Baton Rouge lawyer David E. Stanley has experience handling criminal cases, and he has a proven track record of success. Attorney Stanley will thoroughly investigate the allegations against you and work tirelessly to build a strong defense. He will also make sure that you understand all of your legal options and help you make the best decision for your future. If you are facing assault charges, contact David E. Stanley today for a free consultation.
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reviews
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Michael Adam Weinberg
1 year ago
Mr. David Stanely was quick, focused and organized in representing me for a rather simple, local case but for which 1. I could not be present and 2. I had to take an action to defend myself. After another lawyer was incommunicado I am grateful to have found Mr. Stanley who got my case fully adjudicated. I highly reccommend Mr. Stanley.
Read more
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nuhi haziri
5 years ago
My brother was facing complicated felony charges. A conviction or plea could have resulted in him being deported. We hired David Stanley to represent him. He is truly amazing and I highly recommend him to anyone facing complex or serious criminal charges. He really came through for my brother when he desperately need help.
Read more
Posted on
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blee917 njj
5 years ago
Finest Lawyer in Louisiana!!! David Stanley, Esq. is the #1 Attorney for your case, PERIOD!!! Mr. Stanley is not only one of the best lawyers in the Louisiana, but also in the nation. Before retaining Mr. Stanley as my attorney, I had consulted with many other attorneys. It quickly became very apparent to me that David Stanley was the best attorney for my case. He has over 30+ years of experience and you will not be able to find a more powerful attorney for your legal matter. He has an extremely high level of experience, intelligence and character. Throughout each stage of my critical legal matter, Mr. Stanley approached every single step with the highest level of expertise and attention. He was able to execute the best legal strategy and ultimately, my criminal case was dismissed and resolved in a very swift manner. He was ALWAYS impeccably punctual, instantly responsive, and super reliable; He was always there for me when I had any concerns or questions. The Bottom Line: He will get you the best possible result. Contacting Mr. Stanley was one of the wisest decisions I have made in my life. I wholeheartedly recommend anyone in any urgent legal matter to see him immediately.
Read more
Posted on
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Melanie Netterville
7 years ago
David is an honest, intelligent attorney who can be trusted with any need one may have legally. He is an excellent advisor and follows through on his promises. I would and have recommended him.
Read more
Posted on
Google
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.