If you’re reading this, chances are you’re feeling anxious, overwhelmed, and maybe even scared. Facing a charge of assault with a deadly weapon or aggravated assault is serious, and it’s normal to feel like your life is spinning out of control. But here’s the good news—you don’t have to face this alone, and there are solutions to help you move forward.
This isn’t the end of your story. With the right guidance, you can navigate the legal system and work toward the best possible outcome. Let’s take a closer look at what these charges mean, what consequences you might face, and, most importantly, how you can defend yourself.
If you’re ready to discuss your case and start building a defense, call us at 504-434-7000 for a free consultation with an experienced criminal defense lawyer who will stand by your side every step of the way.
What Is Assault with a Deadly Weapon?
Let’s start with the basics. In Louisiana, assault with a deadly weapon happens when someone threatens or attempts to harm another person while using a weapon capable of causing serious bodily injury or death.
Here’s the key: assault doesn’t require physical contact. You can face charges simply for threatening someone with a weapon, even if no one was actually hurt. For example, pointing a firearm at someone or waving a knife in a threatening way could result in a deadly weapon charge.
A deadly weapon includes items like firearms, knives, bats, or even tools and bottles—pretty much anything that can be used to intimidate or harm someone. The important factor is whether the item was used in a way that could cause injury or death.
Intent also matters. If the prosecution can prove that you acted with the intent to commit harm, the charges become more severe. Without clear evidence of intent, however, their case may not hold up in court.
What Is Aggravated Assault?
If you’ve been charged with aggravated assault, you’re likely wondering what sets it apart from other types of assault. According to RS 14:37, aggravated assault is defined as an assault committed with a dangerous weapon. This means the presence of a weapon automatically elevates the charge to something much more serious.
Here’s what the law says about the penalties for aggravated assault:
- You could face a fine of up to $1,000.
- You could spend up to six months in jail.
- You could face both fines and jail time.
But that’s not all. If the assault happens while you’re attempting or committing theft against a store’s or merchant’s employee, the penalties get tougher:
- You must serve at least 120 days in jail without the possibility of suspension.
- You could spend up to six months in jail.
- You may still face a fine of up to $1,000.
These penalties may feel overwhelming, but remember, they’re not guaranteed. A strong defense can make all the difference in your case.
What Makes an Assault Aggravated?
Several factors can elevate a simple assault to aggravated assault:
- Use of a dangerous weapon: If the weapon is capable of causing significant harm or death, the charge becomes aggravated.
- Intent to commit harm: The prosecution will focus on whether you acted with a clear intent to threaten or hurt someone.
- Resulting harm: If the victim suffered bodily harm or injuries requiring medical attention, it can escalate the charges further.
The penalties for aggravated assault depend heavily on the details of the incident. This is why understanding your specific circumstances is crucial to building a defense.
How to Defend Against Assault and Aggravated Assault Charges
If you’re feeling hopeless, know that there are strong defenses available to you. Just because you’ve been charged doesn’t mean you’ll be convicted. You have rights, and a skilled criminal defense lawyer can help you protect them.
Some common defense strategies include:
- Self-defense: If you acted to protect yourself or someone else, this can be a powerful argument.
- Lack of intent: If you didn’t mean to harm or threaten anyone, your attorney can challenge the prosecution’s claim of intent.
- Mistaken identity: If the evidence is unclear or witnesses misidentified you, your lawyer can work to have the charges dismissed.
- Insufficient evidence: The prosecution must prove their case beyond a reasonable doubt. If there’s not enough evidence, the charges may not stick.
Every case is different, which is why having an experienced lawyer on your side is so important. They’ll investigate every detail, challenge weak evidence, and develop a defense strategy that fits your situation.
Why You Need an Experienced Criminal Defense Lawyer
Let’s face it—facing a deadly weapon conviction or aggravated assault charge can feel overwhelming. The stakes are high, and the fear of what might happen next can be paralyzing. But here’s the truth: with the right legal representation, you don’t have to go through this alone. A skilled criminal defense lawyer will stand by your side, help you navigate the complexities of the legal system, and fight to protect your rights and future.
So, how exactly can a lawyer help you?
Thorough Case Investigation
Your lawyer will start by investigating every aspect of your case. They’ll gather evidence, interview witnesses, review police reports, and analyze any video footage or forensic evidence. A strong defense is built on understanding every detail of the incident and finding any inconsistencies in the prosecution’s case.
Example from our firm:
One of our clients was charged with aggravated assault after an altercation at a local bar. The police report relied heavily on a witness statement claiming our client brandished a knife. However, through our investigation, we obtained security footage showing our client had no weapon and was acting defensively. With this evidence, we successfully got the charges dismissed.
Challenging the Prosecution’s Evidence
Prosecutors must prove their case beyond a reasonable doubt. A skilled defense attorney will meticulously examine the evidence against you, looking for weaknesses. This could involve questioning the credibility of witnesses, challenging how evidence was obtained, or highlighting inconsistencies in the prosecution’s narrative.
Example from our firm:
Another client was charged with assault with a deadly weapon after allegedly threatening a neighbor during a dispute. The neighbor claimed our client wielded a baseball bat and made threats. However, we discovered the police failed to properly secure the alleged weapon, and no fingerprints connected it to our client. The court dismissed the case due to insufficient evidence.
Negotiating with Prosecutors
In many cases, a criminal defense lawyer can negotiate with prosecutors to reduce charges or secure a plea deal. This can result in lesser penalties, such as reduced jail time, probation, or even dropping the charges altogether.
For example, in cases where intent to harm is difficult to prove, a skilled lawyer may argue for the charges to be downgraded from aggravated assault to simple assault—a lesser charge with lighter penalties.
Advocating for You in Court
If your case goes to trial, your lawyer will represent you in court, presenting a compelling defense. They’ll cross-examine witnesses, introduce evidence in your favor, and ensure your side of the story is heard. A good lawyer knows how to connect with a jury, breaking down complex legal arguments in a way that resonates.
Providing Guidance and Support
Beyond the legal strategies, having a defense lawyer means you have someone in your corner who understands what you’re going through. They’ll answer your questions, explain the process, and help you feel more in control during an incredibly stressful time.
Real-World Impact: How We’ve Helped Clients
At our firm, we’ve seen firsthand how a strong defense can turn things around for our clients. Here are a few more examples of how we’ve successfully fought for our clients:
- The Case of Mistaken Identity
One client was charged with assault after being wrongly identified as the perpetrator in a street altercation. Law enforcement solely on the victim’s testimony, which turned out to be unreliable. We tracked down another witness who confirmed our client wasn’t involved. The charges were dropped before the case even went to trial. - Defending Self-Defense
In another case, a client was charged with aggravated assault with a dangerous weapon after using a knife to defend themselves during a home invasion. We demonstrated that the client acted out of self-defense and introduced evidence of the intruder’s prior criminal history. The jury found our client not guilty, and they were able to move forward without a conviction on their record. - Reducing Charges
A client was charged with assault with a deadly weapon after a heated argument escalated at work. While the weapon was present, it was never used, and no one was harmed. We successfully negotiated with the prosecutor to reduce the charge to disturbing the peace, allowing the client to avoid jail time and preserve their employment.
For more examples, visit our Wins page.
FAQs About Assault with a Deadly Weapon and Aggravated Assault Charges
What is considered a dangerous weapon under RS 14:37?
A dangerous weapon includes firearms, knives, bats, and other objects used to threaten or harm someone. Even items like tools or bottles can qualify if used aggressively.
What are the penalties for aggravated assault with a deadly weapon?
Penalties can include fines of up to $1,000, up to six months in jail, or both. If the assault occurs during a theft against a store or merchant employee, you could face a mandatory minimum of 120 days in jail without suspension.
Can a first offense result in jail time?
Yes, jail time is possible even for a first offense, particularly if the case involves a weapon or significant injuries. It also depends if you’ve been charged in the past with violent crimes. However, the specifics of your case will determine the outcome.
Can the charges be reduced or dismissed?
Yes, in many cases, an experienced lawyer can negotiate for reduced charges or even dismissal, depending on the evidence and circumstances of your case and if you mean to commit the assault.
What should I do if I’ve been charged with aggravated assault?
The most important step is to contact an experienced criminal defense lawyer immediately. They can help you understand your options, build a defense, and guide you through the process.
For more FAQ, visit our FAQ: Criminal Page.
Take Action to Protect Your Future
I know this situation feels overwhelming right now, but you don’t have to face it alone. A strong criminal defense attorney can protect your rights and help you move forward.
If you or someone you know is facing assault with a deadly weapon or aggravated assault charges, call our office at 504-434-7000 for a free consultation. We’ll take the time to listen to your story, answer your questions, and provide the guidance you need to take control of your case.
You have options, and we’re here to help you explore them. Don’t wait—call us today and let us help you fight for your future.
