Assault: What to Expect When Facing Charges in Louisiana?
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.
Imagine being falsely accused of assault. The repercussions of an assault conviction in Louisiana can be severe, including monetary fines, imprisonment, and a permanent criminal record. Understanding the legal process can help you minimize the potential damage. If you’re facing these allegations, it’s essential to seek the guidance of a qualified Louisiana assault lawyer to defend your rights and protect your future.
David E. Stanley, APLC, is a Baton Rouge criminal defense attorney committed to achieving your soundest possible outcome, whether through an innocent verdict, a favorable plea deal, or dropped charges.
Types of Assault Charges
Simple Assault
This misdemeanor occurs when someone threatens physical harm without making contact. Penalties typically involve fines or a brief jail sentence.
Aggravated Assault
This felony charge involves using a dangerous weapon or intending to inflict serious harm. Consequences can include severe financial penalties and significant prison time.
Sexual Assault
This crime encompasses any unwanted sexual activity or contact, often involving coercion or force. Convictions carry severe penalties, including jail time and mandatory registration as a sexual offender.
Verbal Assault
Verbal assault occurs when someone uses threatening or abusive language to intimidate another person. Although usually classified as a misdemeanor, it can lead to legal consequences when combined with physical threats.
What Happens After an Arrest for Assault?
Getting arrested for assault can be overwhelming. Here’s what to expect after your arrest in Louisiana:
Booking and Processing
Police will book you, taking fingerprints and a mugshot while recording your charges.
Arraignment
The judge will formally charge you in court, and you must enter a plea of guilty, not guilty, or no contest.
Bail Hearing
The judge will decide your bail eligibility based on the severity of the assault, your flight risk, and your prior criminal record.
Preparing for Your Assault Trial
Facing a trial can be daunting, but a lawyer like David E. Stanley can make a difference. Here’s what to expect leading up to your court date:
Discovery Process
Both sides will gather evidence, including police reports and witness statements. Your lawyer will build a defense strategy to challenge the prosecution’s claims.
Pre-Trial Motions
Your lawyer may file motions to challenge the admissibility of evidence or have the case dropped if law enforcement infringed upon your constitutional rights.
Potential Consequences of an Assault Conviction
Facing an assault conviction comes with severe consequences:
Fines
Different levels of assault carry different penalties. Simple assaults result in lighter fines, while aggravated assaults incur hefty financial penalties.
Jail Time
Serious charges may lead to lengthy jail or prison sentences, especially for aggravated assaults.
Probation
In less severe cases, the court may impose probation instead of jail time, requiring community service or anger management classes.
Criminal Record
An assault conviction affects your criminal record, limiting your employment and housing opportunities.
Defenses to Assault Charges
Your lawyer can use several defenses to fight assault charges:
Self-Defense
Self-defense may be valid if you acted to protect yourself or someone else from harm.
Lack of Intent
If no intent to cause harm exists, your lawyer can argue that the situation escalated without malicious intent.
Consent
In some cases, the defense may assert that the victim consented to the physical contact, particularly in sports-related incidents.
Frequently Asked Questions
- Can Assault Charges Be Dropped in Louisiana?
Yes, prosecutors can drop charges when evidence is insufficient, the victim does not cooperate, or the prosecution deems the case unworthy of pursuing. A skilled defense lawyer can help negotiate reduced or dropped charges.
- How Does Misdemeanor and Felony Differ?
Misdemeanor assault involves less severe threats or attempts to harm, resulting in lighter penalties. Felony assault involves more severe actions, leading to harsher penalties and longer prison sentences.
- How Long Does an Assault Case Take in Louisiana?
The duration varies based on complexity and court schedules, typically lasting several months to over a year. Factors such as plea negotiations, pre-trial motions, and court availability can influence the timeline. Complex cases with severe charges or extensive evidence may take longer to process.
Criminal Defense Attorney
in Baton Rouge, LA
Are you or a loved one facing assault charges in Baton Rouge, LA? David E. Stanley, APLC, is a highly experienced criminal defense attorney with a history of successfully representing clients facing assault charges. Contact him now to discuss your case.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton 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.