Assault and Violent Crimes Attorney in New Orleans

Assault vs. battery: what is the difference in Louisiana?

Assault is the threat or attempt. Battery is the contact. Louisiana treats them as separate crimes, and the difference shapes the whole case.

• Assault is an attempt to commit a battery, or intentionally placing someone in reasonable fear of receiving a battery. Raising a fist, lunging at someone or making a threat while moving toward them can be enough. No one has to be touched.
• Battery is the intentional use of force or violence on another person, such as hitting or pushing. See our battery defense page for those charges and their penalties.

Because assault often rests on what someone feared, these cases depend heavily on words, gestures and perception. That can make them easier to misunderstand and, often, easier to challenge.

What makes an assault "aggravated"?

Generally, an assault becomes aggravated when it is committed with a dangerous weapon. A simple assault is a misdemeanor in most situations, while aggravated forms of assault carry heavier penalties and can bring felony exposure, depending on the weapon, the circumstances and who the alleged victim is.

As with aggravated battery, the "dangerous weapon" question is often where the defense focuses. Was there really a weapon? Did the other person actually see it? Was it displayed in a threatening way, or simply present? Small facts like these can be the difference between a misdemeanor and a felony. Exact penalties depend on the specific statute charged, so we review your paperwork with you line by line in the free consultation.

Which violent crime charges does the firm defend?

The firm defends the full range of violent crime allegations in Orleans, Jefferson and the surrounding parishes, including:

• Assault and aggravated assault. From a heated argument to an alleged threat with a weapon, we examine every detail and challenge weak or exaggerated claims.
• Battery and aggravated battery. We build the defense on facts, evidence and intent, not assumptions.
• Domestic violence. These cases involve sensitive family situations and unique consequences. See domestic violence defense.
• Armed robbery and weapon-related offenses. When a weapon is alleged, the stakes rise. We challenge enhancements and push for reduced charges or dismissals when the facts allow. See gun and weapons charges.
• Homicide and manslaughter. These are the most serious charges a person can face. We act immediately to protect your rights and prepare for an aggressive prosecution.

Why does a former prosecutor matter in a violent crime case?

Because the way a violent crime case is built is predictable, and Barry has built them. As an Assistant District Attorney in Orleans Parish, he served as first and second chair trial prosecutor on felony cases. He knows what prosecutors look for when they screen a case, which witnesses they worry about, and when a case is weaker than the charge suggests.

He has also seen serious cases go wrong. As a law student at Loyola, he helped secure the release of a client wrongly charged with first degree murder. As staff attorney to Orleans Parish Criminal Court Judge Darryl A. Derbigny, he helped the court reverse a wrongful second degree murder conviction, a ruling the Louisiana Supreme Court affirmed.

That experience does not promise any result. It does mean your case is reviewed by someone who knows how the other side thinks.

What is a "crime of violence," and why does the label matter?

Louisiana law labels certain offenses as crimes of violence, and that label carries consequences far beyond the sentence itself. Aggravated battery is one example. A domestic abuse battery involving strangulation is another.

When a charge is classified as a crime of violence:

• No Article 893 deferral. A first offender cannot receive a deferred sentence that would later be set aside and dismissed.
• Expungement is limited. Most crimes of violence cannot be expunged. A few, such as aggravated battery, second degree battery and simple robbery, may be expunged only after 10 years and a contradictory hearing.
• Gun rights are lost. A conviction bars you from possessing a firearm for 10 years after you complete your sentence. Possessing one anyway carries 5 to 20 years at hard labor.

Sometimes the most valuable result in a violent crime case is not a shorter sentence, but a charge that no longer carries this label.

What defenses can apply to an assault or violent crime charge?

The right defense depends on the facts, but several come up often:

• Self-defense or defense of others. Louisiana recognizes force that was reasonable and necessary to protect yourself or someone else.
• No reasonable fear. For assault, the state must show the other person reasonably feared a battery. Words alone, or a gesture taken out of context, may not meet that standard.
• Mistaken identity. Chaotic scenes, poor lighting and quick glimpses lead to wrong identifications.
• No weapon, or no dangerous use of one. This can reduce an aggravated charge to a simple one.
• Inconsistent statements. We compare what witnesses told 911, what they told officers on body camera, and what they say later.
• Fabricated or exaggerated claims. Anger, jealousy and disputes over money or custody sometimes drive accusations.

In any felony case that goes to trial in Louisiana, all jurors must agree to convict. That high bar makes careful trial preparation worth the effort. Call (504) 905-8399 to talk through which defenses may fit your case.

Can the alleged victim drop the charges?

No. In Louisiana, the district attorney decides whether a case moves forward, not the person who made the complaint. Even if they want to drop it, the state can continue.

That said, a complaining witness who will not cooperate, or a case with little evidence beyond that witness, can lead to a dismissal or reduced charge. These situations require careful handling by your defense team, not by you or your family. Never contact the other person to ask them to change their story, because that can lead to new charges.

Will you go to jail? What affects the outcome

Jail is possible but not automatic. The outcome depends on the exact charge (simple or aggravated), your prior record, the strength of the evidence and how the case is handled from the start.

The first decisions come quickly. In Louisiana, an arrested person must see a judge within 72 hours (not counting weekends and legal holidays). When setting bail, judges weigh the seriousness of the offense, criminal history, flight risk and danger to the community, so violent charges often draw higher bail and stricter conditions. Our page on bail and bond hearings explains how to push back. After that, some first-time cases may qualify for diversion, probation or a reduced charge, though crimes of violence have fewer options.

How does the firm handle assault and violent crime cases?

Step by step, with you informed the whole way. Barry has seen these cases from the prosecutor's table and the defense table, and he uses both views to stay ahead of the state.

1. Case review and listening session. You meet directly with your attorney to talk through what happened, what has been filed and what is at stake.
2. Investigating the facts. We gather evidence, review police conduct, and look for inconsistencies and angles that can challenge the charges or reduce penalties.
3. Negotiation with prosecutors. We pursue dismissals or favorable offers when appropriate, and make sure you understand every option before you decide.
4. Preparing for trial. If the case goes to court, we build a clear, organized defense to present to a judge or jury.
5. Ongoing support. After the case ends, we help with next steps such as probation terms and record clearing through expungement.

We treat every client with dignity: no lectures, no judgment. Call (504) 905-8399 for a free, confidential consultation. We are available 24/7.