Aggravated Assault Charges with a Firearm in New Orleans

Assault Lawyer in New Orleans, Louisiana

Have you ever lost your temper and tried to physically harm someone? Have you ever threatened and intended to harm someone? Have you ever tried to harm someone with a weapon? If so, you are in risk of being charged with assault.

Assault in Louisiana is described to be any attempt to cause physical injury to another person. This could include physical strikes like punching, kicking, or hair pulling; it also includes attempts to harm someone with a weapon like slashing with a knife or firing a gun. Threats of physical harm, when the assailant is believed to be incipient in carrying them out, is also considered assault. This could include menacingly flashing a knife at someone or pointing a gun at them. Simply threatening with words is enough to constitute grounds for an assault charge, if the threat is made and the victim reasonably believes that the potential assailant will harm them.

When physical harm is actually done to a victim, not just an attempt made, the defendant could be charged with battery and may be punished more severely than most assault charges. Either of these crimes can be punished even more severely when there is a deadly weapon involved. Both assault and battery with a deadly weapon have misdemeanor and felony grades. Here are five assault charges that involve firearm usage:

Aggravated Assault

This charge can be made against one who threatens to fire a dangerous weapon at someone. If the weapon is a firearm, it does not have to be discharged in order for this to be an aggravated assault. However, if the dangerous weapon is indeed a firearm, there are special penalties that may be incurred due to Louisiana’s specific firearm sentencing laws.

Domestic Abuse Aggravated Assault

This only applies to members who reside within the same household, and must be committed with a dangerous weapon.

Aggravated Assault with a Firearm

If a firearm is discharged during an assault, the offender is liable to receive his charge. It is a felony that could incur imprisonment up to ten years and a fine up to $10,000.

Aggravated Assault on a Police Officer with a Firearm

If an assault with a firearm is committed against an active duty police officer, whether or not the assailant actually discharges the weapon, the offender is liable to be fined up to $5,000 or be imprisoned for up to 10 years.

Assault by Drive-By Shooting

Shooting at a person from a motor vehicle on a highway or public street for any reason is a felony under the assault category and is punishable by jail time of up to five years.

Battery with a Firearm

If a dangerous weapon is used to commit battery the charge is upgraded to “aggravated battery” and the offender may receive special punishment according to Louisiana’s firearm protocol. These laws state that certain assaults committed with a dangerous weapon will receive a punishment without probation, parole, or suspension unless the presiding court believes that the punishment would be too harsh.

Need a New Orleans Assault Lawyer?

If you’ve been convicted of an assault or battery, you need a criminal defense attorney in New Orleans, Louisiana who will help you through your case efficiently and with high levels of communication. Barkemeyer Law Firm are Louisiana assault lawyers who will work hard to get the best result and to receive the minimum deserved sentence for your crime. Contact our New Orleans lawyers for your legal assessment and representation. Don’t get left to deal with it yourself; an assault charge is a serious matter and must be handled by an experienced criminal attorney.

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New Orleans, LA 70170

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