Simple vs. Aggravated Assault in Louisiana: Charging Criteria and Penalties

Getting involved in a heated argument can quickly escalate, and in Louisiana, you do not even have to physically touch someone to be charged with a crime. The law defines assault as an attempt to commit a battery or intentionally putting another person in reasonable fear of receiving a battery. If you threaten someone and they genuinely believe you are about to harm them, you can be arrested. However, the severity of the consequences depends entirely on whether a weapon was involved.

Whether your case is being handled in the 19th Judicial District Court, Baton Rouge or the Criminal District Court for the Parish of Orleans, New Orleans, understanding the exact charges against you is the first step toward a strong defense. Because criminal records can ruin your career and personal life, we highly recommend browsing our USA Lawyer Directory to find a local defense attorney who can advocate for you.

Understanding Simple Assault (La. R.S. § 14:38)

Under La. R.S. § 14:38, simple assault is defined as an assault committed without a dangerous weapon. This usually happens during verbal altercations where one person raises a fist or makes a credible threat to strike the other. To secure a conviction, the prosecutor must prove that your actions were intentional and that the victim had a reasonable fear of imminent harm. Because no physical contact is made, this is classified as a misdemeanor. If your attorney files a motion for a bill of particulars under La. C.Cr.P. art. 484, they can demand the prosecutor specify exactly what actions constituted the alleged threat.

Aggravated Assault: The Role of a Dangerous Weapon (La. R.S. § 14:37)

The situation becomes significantly worse under La. R.S. § 14:37. Aggravated assault is an assault committed with a dangerous weapon. The state takes these charges very seriously because the introduction of a weapon greatly increases the risk of fatal violence. A "dangerous weapon" is broadly defined under Louisiana law and is not limited to items designed for combat.

Firearms

Pointing a gun at someone, even if it is unloaded, is the most clear-cut example of aggravated assault. In cases involving firearms, the fear instilled in the victim is almost always deemed reasonable by a judge or jury. Discharging a firearm is charged under a completely different and much more severe statute, but simply brandishing it in a threatening manner falls under aggravated assault.

Vehicles as Weapons

Many people do not realize that a car can be considered a dangerous weapon. If you intentionally drive your vehicle aggressively toward a pedestrian or try to run someone off the road during a road rage incident, prosecutors can and will charge you with aggravated assault. In precedents like State v. Bonier, 367 So. 2d 824 (LA Supreme Court 1979), courts have affirmed that the manner in which an object is used determines if it is a dangerous weapon.

Blunt Objects and Everyday Items

You do not need a gun or a knife to face aggravated charges. A baseball bat, a heavy wrench, a glass bottle, or even a heavy boot can be classified as a dangerous weapon if you use it to threaten someone. The court looks at whether the object, in the manner used, is calculated or likely to produce death or great bodily harm.

Fines, Penalties, and Court Costs

The penalties for these crimes reflect their severity, and defending yourself will also incur financial costs.

In addition to court fines, hiring a criminal defense attorney in Louisiana typically costs between $1,500 and $5,000 for misdemeanor cases, while felony cases involving a firearm can easily exceed $10,000 in legal fees.

How Long Does the Process Take?

A simple assault case can often be resolved through plea negotiations or pre-trial diversion programs within 3 to 6 months. However, aggravated assault cases, especially those headed for trial, can stretch out for 9 to 18 months, depending on the local court's docket and the complexity of the evidence.

Frequently Asked Questions (FAQ)