What Constitutes Aggravated Assault in Louisiana?
Most people are only familiar with the common types of criminal activities such as robbery, fraud, and murder. Aggravated assault is one of the lesser-known criminal activities, and as a result, perpetrators and victims are unaware of what their next steps should be when a crime of this nature occurs.
While one may have a basic understanding of what the term means, there needs to be greater clarity in legal matters. The blog provides information on aggravated assault and how to prevent yourself from being charged with such an offense in Louisiana.
What is Aggravated Assault?
Aggravated assault is a misdemeanor criminal offense that involves:
The intentional act that causes imminent physical harm or infliction of serious bodily harm or injury to another person.
It may involve the use of a firearm or a knife or any other dangerous weapon.
Aggravated assault is a serious offense in Louisiana and is provisioned under the category of violent crimes. An individual can be arrested or summoned for a misdemeanor offense if found guilty.
Threatening another person with violence can also constitute as aggravated assault.
Here are some examples of aggravated assault:
Recklessly shooting in a public place by firearm to cause injury, physical harm, or fear to the victim or for making public threats.
Using weapons such as tire irons, bottles, jack handles, and other blunt objects to beat or club individuals to cause physical harm.
Threatening someone by pointing a firearm at them, regardless of whether it is loaded or not.
What is the Difference Between Misdemeanor and Felony?
A misdemeanor and a felony are two distinct categories of crimes with varying severity and potential penalties. Here is a concise description of each:
A criminal offense comparatively less severe than a felony.
A criminal offense that is more severe than a misdemeanor and causes significant danger and harm to the public.
Misdemeanors constitute committing offenses like petty theft, simple assault, driving under the influence (DUI), etc.
Felony offenses are serious crimes that constitute severe adverse legal consequences. Examples include murder, white-collar crimes, robbery, rape, arson, and drug trafficking.
Penalties are imposed by legal and regulatory authorities, such as fines, community service, probation in some cases, or a maximum jail sentence of one year.
They may include imprisonment for over a year and losing civil rights.
What are the Factors Affecting Aggravated Assault Charges?
The following are the factors affecting aggravated assault charges:
Categorization of Aggravated Assault: In Louisiana, aggravated assault is classified and categorized as a misdemeanor. Sometimes, depending on the evidence and circumstances surrounding a case, it can also be categorized as a felony.
Drug Influence: The influence of drugs and alcohol can often lead to aggravated assaults. Moreover, people with anger-related problems might be more likely to commit such offenses.
What are the Penalties for Aggravated Assault?
Here are the penalties and sentences for committing an aggravated assault:
A conviction for aggravated assault
Maximum fine of $1,000
Prison or jail term of up to six months
Aggravated assault of a store employee
A fine of up to $1,000
The minimum sentence for this offense is 120 days
Aggravated assault with a firearm
Max. fine of $10,000
Max. imprisonment of upto 10 years
Possibility of Probation
When a convict is granted probation, they are released from detention and remain under the supervision of the court for the remainder of their sentence. The decision to grant probation depends on the individual circumstances of the case. The accused may have to fulfill certain conditions and have a sentence when found guilty. These conditions could include participating in community service, joining local programs, paying court fees, or attending anger management courses.
What are the Long-Term Consequences of Committing an Aggravated Assault?
The following are the consequences of committing an aggravated assault:
Charge Cannot be Expunged: Aggravated assault charges are not eligible for expungement, which implies that they will remain on your criminal record permanently.
Impact on Employment and Education: A record of aggravated assault can create difficulties in obtaining employment or admission to educational institutions.
Whenever a person is accused of aggravated assault in Louisiana, they might face serious legal consequences. At this point, it is extremely important to assess and understand the nature of the offense, the potential consequences, the available probation options, and the resulting impact on your record. To protect your rights and get the best possible defense, the best thing to do is, talk to experienced defense attorneys. These professionals can help you navigate the legal system and work towards achieving a favorable outcome in your case. They can assist you in navigating the legal system and striving for a positive outcome in your case.
We at Gaynell Williams LLC, Attorney at Law, are a law firm based in New Orleans having offices in Gretna and Downtown New Orleans. The initial consultation can be conducted in person or virtually online. Please contact Gaynell Williams at (504) 302-2462 to schedule a free consultation at your earliest convenience.
This information has been provided for informational purposes, is not intended, and should not be construed as legal advice. Please consult your attorney regarding any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.