What is the Difference Between an Assault and a Battery in Louisiana?
Updated: Nov 20
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.
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
Aggravated Assault with a Firearm
Aggravated Assault on a Peace Officer
Unlawful Use of a Laser on a Police Officer
Assault with a Motor Vehicle
Assault of a School Teacher
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