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

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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. © 2018-2020 Gaynell Williams LLC Attorney at Law.