Is Aggravated Assault a Felony in Louisiana?
A. Introduction
Aggravated assault is a serious criminal offense that involves threatening or attempting to cause severe physical harm to another person. In Louisiana, it is considered a felony crime, punishable by severe consequences, including imprisonment and fines. In this article, we will delve into the laws surrounding aggravated assault in Louisiana, examining the penalties, defenses, and important factors to consider.
**Is Aggravated Assault a Felony in Louisiana? Yes, It Is**
Under Louisiana Revised Statute 14:30.1, aggravated assault is classified as a felony offense, carrying a potential sentence of **up to 10 years in prison and a maximum fine of $10,000**. This designation makes it one of the more serious felony crimes in the state, alongside kidnapping, murder, and sex crimes.
**What Constitutes Aggravated Assault in Louisiana?**
Aggravated assault is typically defined as the intentional and unconsented touching of another person in a harmful or offensive manner, **with intent to cause bodily harm**, **or the use of force likely to produce such harm**. This conduct must be more severe than simple assault, which may only involve physical contact.
In Louisiana, the court must find that the offender intended to cause **severe physical harm** to the victim, such as serious injury, disfigurement, or death, in order to convict the person of aggravated assault.
**Key Elements of Aggravated Assault in Louisiana:**
* **Intentional touching**: The touching must be intentional and voluntary, not accidental or involuntary.
* **Unconsented touching**: The victim must not have consented to the touching, even if it is harmful or offensive.
* **Intent to cause bodily harm**: The offender must have intended to cause serious harm to the victim, which is more than simple pain or discomfort.
* **Use of force likely to produce harm**: The force used must be sufficient to likely cause serious harm to the victim.
**Defenses to Aggravated Assault in Louisiana**
While the consequences of aggravated assault in Louisiana can be severe, there are some defenses that may apply to reduce the charges or achieve an acquittal.
* **Self-defense**: The offender may argue that they acted in self-defense to protect themselves from immediate harm.
* **Provocation**: If the victim provoked the offender and they responded in kind, this may be considered a defense.
* **Duress**: The offender may argue that they were threatened or coerced into committing the assault.
* **Justifiable force**: If the offender used force to stop an imminent harm, they may be justified in doing so.
**Important Points to Consider**
* Aggravated assault is considered a **crime of passion**, which may carry longer prison sentences and stricter punishments than other felonies.
* The severity of the penalties will depend on the specific circumstances of the case and the offender’s criminal history.
* In Louisiana, a conviction for aggravated assault will result in a criminal record, loss of job and educational opportunities, and difficulties in finding employment in certain fields.
**Consequences and Sentencing**
If found guilty of aggravated assault, the offender can face:
| **Sentence** | **Duration** |
| — | — |
| Misdemeanor charges | Up to 2 years in prison |
| Felony charges | 2-10 years in prison, with or without fine |
**Penalties in Aggravated Assault Sentencing:**
* A mandatory minimum sentence of 5 years in prison for a second or subsequent conviction for aggravated assault.
* Increased fines and community service penalties.
* The potential for enhanced penalties for crimes committed against certain vulnerable individuals, such as law enforcement officers, firefighters, or EMS personnel.
In conclusion, aggravated assault is a felony offense in Louisiana, carrying significant penalties and consequences for those found guilty. While there are some defenses available, it is essential for those accused of this serious crime to work with a skilled criminal defense attorney to ensure their rights are protected and their case is treated fairly.