A Common Story: Assault And Battery
Many assault and battery charges involve people with differing opinions and often occur while under the influence of drugs and/or alcohol. An argument starts over something insignificant, one thing leads to another, and a fight ensues. It could happen to anyone. Although this story is common, it often leads to serious criminal charges.
The charges are serious, and you need a Louisiana violent crimes lawyer who can stand up for you against the prosecutor and get you the best deal possible or bring your matter to trial. I became an attorney and opened the Donald D. Cleveland, APLC, law firm to defend my Lafayette Parish, St. Landry Parish, St. Martin Parish and Vermilion Parish clients against the accusations that they committed a violent crime or other criminal charges.
Defending You Against Violent Crime Charges
As a skilled Lafayette Parish assault and battery lawyer, I can handle many types of violent crime charges, including:
- Battery
- Second degree battery
- Aggravated battery
- Assault
- Aggravated Assault
The Process
The process of defending you against violent crime charges largely depends on the quality of the prosecutor’s case against you. First, I will sit down and discuss the case with you, looking at the facts and evidence to evaluate the quality of the prosecutor’s case and determine our game plan.
We will then move forward with the plan that is in your best interest and either seek to negotiate a plea-bargain to have the charges reduced to a less serious offense and get you the lowest sentence possible or proceed to trial. I will fight to exploit the weaknesses of the prosecutor’s case and the evidence against you.
Louisiana Assault And Battery: Your Questions Answered
Facing assault or battery charges in Louisiana is nearly always an overwhelming experience, especially when related legal issues and consequences are not clear. It is natural to have many concerns at this time. The answers to these questions can help illuminate your situation.
How does Louisiana law define self-defense in assault and battery cases?
In Louisiana, the law permits individuals to use reasonable force to protect themselves from imminent harm. Self-defense may apply if you reasonably believed you were in danger of being attacked and used only the amount of force necessary to prevent injury.
However, no protection exists for actions taken in retaliation or after the threat has passed. The success of a self-defense claim often hinges on the specific facts, including whether you (the person claiming self-defense) were the initial aggressor and whether you had an opportunity to retreat.
Can assault and battery charges be reduced or dismissed in Louisiana?
Yes, in certain circumstances, it may be possible to have assault and battery charges reduced or dismissed. Prosecutors may agree to reduce charges through plea negotiations, especially if:
- The evidence against you is weak
- You have no prior criminal history
- The alleged victim chooses not to pursue the case
Charges may also be dismissed if your lawyer successfully challenges the prosecution’s evidence, proves self-defense or identifies procedural errors. The outcome depends on the facts, available evidence and legal strategy.
Can I be charged with assault even if I did not physically hurt anyone?
Yes. In Louisiana, assault does not require physical contact. It is defined as the intentional act of threatening harm or attempting to cause physical harm to another person, creating a reasonable fear of imminent injury. For example, raising a fist or making verbal threats may qualify as assault if the victim genuinely believes they are about to be harmed.
Battery, by contrast, involves actual physical contact. Under state law, it is defined as the intentional use of force or violence upon another person, and may include even minor contact if done in a rude or offensive manner. Understanding the distinctions between assault and battery is crucial when evaluating the nature of your charges and the possible defenses.
A Louisiana Violent Crimes Defense Attorney Fighting for Your Rights ∙ 337-572-9874
The United States Constitution affords everyone the right to be presumed innocent. You also have the right to representation from a quality criminal defense attorney. Contact me.