Lafayette Assault Lawyer
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Assault Charges Defense Attorney in Lafayette, LA
Assault is a violent offense, and a conviction of this offense can lead to jail time, prison time, fines, and numerous social and professional collateral consequences. If you have been arrested or charged with assault, it is essential that you work with a Lafayette assault lawyer quickly. The charges may be the result of a misunderstanding, or you may have acted in self-defense.
You need to get legal support to assert your rights in the criminal justice system. Do not make the mistake of thinking you can explain the situation and avoid penalties. Always get legal representation, and only explain your situation to them. Your attorney can determine the most effective method of defense, how to mitigate the consequences you face, or how to get your charges dismissed.
Stockstill Defense Firm: Dedicated and Individualized Legal Support in Assault Cases
Stockstill Defense Firm has more than two decades of experience in criminal defense cases. When you bring your assault case to us, we can review the specifics of your situation and determine an ideal strategic approach to your case. We can explain your options to ensure transparency, and our team can talk you through each option for building your defense.
Our firm has a history of beneficial outcomes to criminal cases, including dismissals, plea deals, and appeals of convictions. We can determine the ideal outcome for your case and fight to secure that outcome. Our goal is to limit or eliminate the criminal penalties you face.
Lafayette criminal cases are managed by the 15th Judicial District Court (JDC), with the Lafayette Parish Courthouse located on 800 S. Buchanan Street. The 15th JDC serves Acadia, Lafayette, and Vermillion Parishes. At Stockstill Defense Firm, we have experience in representing clients in this JDC, and we have strong professional relationships with the officials who may be handling your case.
Assault and Aggravated Assault Cases in Lafayette, LA
Battery and assault are different offenses. Battery is the actual use of force or violence, or it could involve the administration of a poison. However, assault is the attempt to commit battery. Assault also occurs when the victim of the offense is reasonably afraid of being subjected to battery. This crime could be charged, even when no injuries occurred, if the victim had a reasonable belief that injuries would occur.
Simple assault is charged when no weapon is used in the offense. Assault becomes aggravated assault when a dangerous weapon is involved in the offense. There were 18,695 aggravated assaults reported in Louisiana in 2019, 486 of which occurred in Lafayette.
Out of the aggravated assaults in the state, 5,699 of the assaults were reportedly committed with firearms, while 4,564 were committed with other weapons. Aggravated assault with a firearm is an even more serious offense.
What Are the Penalties for Assault Charges in Lafayette?
The criminal consequences for an assault conviction will rely on numerous factors, including your past criminal history, the person who was the victim of the assault, and whether you were armed.
If you were armed with a weapon, the penalties increase, and they are even more serious if the weapon was a firearm. Offenses like drive-by assault come with more severe consequences. If the assault was committed against a peace officer, a utility service employee, or a store or merchant employee, it can increase penalties when that individual is completing their job duties.
While lesser forms of assault may result in only weeks in jail and smaller fines, more aggravated offenses can result in years in jail and thousands in fines.
These are only the direct criminal penalties after a conviction. There may also be many collateral consequences from a criminal conviction. You will have a criminal record if you are convicted of a misdemeanor or a felony, and this can limit educational, employment, loan, and even housing opportunities.
If you are convicted of a felony, you may lose certain rights. Criminal convictions can also have a significant impact on your reputation, both in the community and professionally. The most effective way to avoid these consequences is to avoid a conviction.
Frequently Asked Questions (FAQs)
What is Assault in Louisiana?
Assault in Louisiana is the attempt to commit battery or making someone reasonably afraid of battery being committed. There are several types of assault:
- Simple assault, committed without a dangerous weapon
- Aggravated assault, committed with a dangerous weapon
- Aggravated assault as part of a robbery
- Assault by drive-by shooting
- Aggravated assault with a firearm
It is also aggravated assault if it is against a peace officer, utility service employee, or store employee.
What Must Be Present to Prove That an Assault Occurred?
To prove that an assault occurred, one of the two must be established:
- The offender attempted to commit battery against another person.
- The offender intentionally put another person in reasonable fear of having battery committed against them.
Battery is the intentional administration of force, violence, or poison to another person. There must be an actual threat of battery made, along with the ability to enact that threat, to create a reasonable fear of harm.
How Long Does Someone Have to Press Charges for Assault in Louisiana?
The statutes of limitations for criminal offenses limit how long someone can be charged for a criminal offense. In Louisiana, the statute of limitations for an offense depends on the severity of the offense. The charge for an assault can range from a felony to a misdemeanor, meaning that the statute of limitations can range from two years to six years. Some offenses may have no statute of limitations.
What is the Lowest Form of Assault Charge?
The lowest form of assault charge in Louisiana is simple assault, which is the misdemeanor offense of assault where no dangerous weapon is used in the offense. Although this is a misdemeanor offense, it should not be taken lightly. It can result in hundreds in fines and time in jail. Although its penalties are less severe, the consequences of any criminal conviction can be life-altering, including limiting employment and educational opportunities.
Work With a Dedicated Lafayette Assault Criminal Defense Attorney
Just because you are arrested or charged with assault, it doesn’t mean you will automatically be convicted. An attorney can review the different methods of defense, determining whether your rights were violated or how to fight against false accusations of assault. At Stockstill Defense Firm, we can protect your interests and your future. Contact us to schedule a consultation and discuss your assault charges today.
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