What is the Difference Between an Assault and a Battery in Louisiana?

What is the Difference Between an Assault and a Battery in Louisiana?

What are Assault and Battery? How do they differ?

A battery is defined as the harmful or offensive touching that a person does not want to occur. An assault is defined as the intent to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery. A battery is distinguished from an assault in that a battery generally involves touching while an assault does not. Battery and assault are related because they usually occur at the same time.

A criminal battery would also include acts that cause a substance or an object to touch another. Some examples of battery would be directing an animal, like a dog to attack another, thereby causing the animal to attack, and spitting on another. Other examples of battery include touching another person in anger or in a rude manner, throwing a bottle or an object at another person, striking him, or hitting a person with your fists or an object. The proceeding examples, while not exhaustive, illustrate the nature of a battery where one intentionally uses force or violence against another.

Some Assault and Battery offenses are listed below.

Battery Offenses

Simple Battery

Aggravated Battery

Aggravated Second Degree Battery

Second Degree Battery

Battery of a Police Officer

Battery of a School Teacher

Battery of a Correctional Facility Employee

Battery of the Infirm

Disarming of a Peace Officer

Assault Offenses

Aggravated Assault

Aggravated Assault with a Firearm

Aggravated Assault on a Peace Officer

Unlawful Use of a Laser on a Police Officer

Simple Assault

Assault with a Motor Vehicle

Assault of a School Teacher

If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive criminal and personal injury lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.

This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018 Gaynell Williams LLC Attorney at Law. Published November 1, 2018.

By |2018-11-01T10:47:34-05:00November 1st, 2018|Criminal Defense Laws New Orleans Louisiana|Comments Off on What is the Difference Between an Assault and a Battery in Louisiana?

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