Battery Attorney in New Orleans for Simple to Aggravated Charges

What is battery under Louisiana law?

Battery means intentionally using force or violence against another person, such as hitting, pushing, slapping or grabbing. Unlike assault, battery requires actual physical contact.

Many people do not realize how broad that definition is, or how quickly a misunderstanding or false accusation can become a charge. Who gets charged with battery? Anyone. A parent trying to break up a fight. A person who reacted under pressure. Someone who was in the wrong place at the wrong time.

When the alleged victim is a partner or family member, the case is usually prosecuted as domestic abuse battery, which has its own penalties and cannot be expunged. This page covers battery outside the family setting.

Simple, second degree or aggravated: how the charges compare

The charge depends on two things: how badly the person was hurt and whether a weapon was involved. Here is how Louisiana's main battery charges line up:

Notice the words "up to." These are maximums, not automatic sentences. Your record, the facts and the quality of your defense all affect where a case actually ends up.

What can turn a simple battery into a felony?

Two facts usually drive the upgrade: a claim of serious bodily injury, or a claim that a dangerous weapon was used. Both are elements the state has to prove, and both are often open to challenge.

• Serious bodily injury is more than a bruise or a scrape. We review the medical records closely to see whether the injury really meets that standard, and whether it was caused by you.
• A dangerous weapon is not limited to guns and knives. Prosecutors sometimes treat everyday objects as weapons depending on how they were used. Whether that label fits is often a key fight in an aggravated battery case.
• Who the alleged victim is can also matter. Louisiana has separate battery charges for certain victims, such as police officers, and they can carry tougher penalties.

Getting a felony reduced to a misdemeanor can change everything: your record, your gun rights and your future job prospects. We push for that reduction whenever the medical records or the facts do not support the felony label.

Do you get a jury trial for simple battery?

No. In Louisiana, a misdemeanor gets a jury only if it is punishable by more than 6 months in jail or a fine over $2,500. Simple battery carries at most 6 months and $1,000, so a judge decides the case alone.

That changes how you prepare. In a bench trial, the judge hears the witnesses, watches the video and decides both the facts and the law. Clear, organized evidence and sharp cross-examination matter more than speeches. Felony battery charges, on the other hand, are tried to a jury, and every felony verdict in Louisiana must be unanimous. Either way, we prepare every battery case as if it will be tried.

Can you be charged with battery if you were defending yourself?

Yes, but self-defense is a legal justification in Louisiana. If you reasonably believed you or someone else was in danger and used force that was reasonable for the situation, the contact was not a crime.

Self-defense cases often turn on details:

• Who started the confrontation, and who escalated it?
• Did you try to leave or de-escalate?
• Was the force you used in proportion to the threat?
• What did each person say and do in the seconds before contact?

These cases often involve gray areas, so it is important to raise self-defense early. The way the case is framed in the first weeks can shape how the prosecutor handles it.

Why video and witnesses can make or break a battery case

Because most battery cases come down to one version of events against another. Independent evidence often decides which version holds up.

• Surveillance video from bars, stores, apartment complexes and doorbell cameras can show who moved first. Many systems record over themselves, so it needs to be requested quickly.
• Phone videos from bystanders may capture parts of the incident the police never saw.
• Body camera footage shows what people told officers in the first minutes, before stories had time to change.
• Witnesses may have a connection to one side, may have been drinking, or may have seen only the end of the fight. We look at what each witness could actually see.
• Medical records show whether the injuries match the story being told.

If you know of video or a witness, tell us right away. Call (504) 905-8399 at any hour so we can move before evidence disappears.

How will a battery conviction affect your record and rights?

It depends on the charge, and the differences are large.

• Simple battery: Like most misdemeanors, it can generally be expunged more than 5 years after you complete the sentence, or sooner after an Article 894 set-aside.
• Second degree and aggravated battery: These felonies can be expunged only after 10 years with no new convictions or pending charges, and only after a contradictory hearing where the district attorney can object.
• Aggravated battery as a crime of violence: A first offender cannot receive an Article 893 deferred sentence for a crime of violence. A conviction also triggers Louisiana's 10-year ban on possessing a firearm after completing the sentence.

Because the long-term costs are so different, the charge you end up with matters as much as the sentence.

What should you do right after a battery arrest?

Say less, save more, and get a lawyer involved quickly. A few early mistakes can turn a defensible case into a hard one.

• Do not explain yourself to police without a lawyer. You have the right to remain silent, and statements made to "clear things up" often end up in the report.
• Do not contact the other person or their friends about the incident, by text, phone or social media.
• Photograph your own injuries, torn clothing or damaged property as soon as you can.
• Write down names of everyone who saw what happened, and where any cameras were.
• Stay off social media about the incident.
• Keep every court date. In Louisiana, an arrested person must see a judge within 72 hours (not counting weekends and legal holidays), and missing a later date can lead to a warrant.

How does Barry Ranshi approach a battery charge?

With calm, careful work, even when everything feels out of control. Barry spent years as an Orleans Parish prosecutor, so he knows how the state builds a battery case and where it tends to be weakest.

1. He listens to your story first. Not just the charge, but you. What really happened matters, and your voice should be part of the case.
2. He studies the evidence with a sharp eye. Police reports, video, medical records and witness statements are checked for gaps and contradictions.
3. He builds a defense that fits the facts. Self-defense, mistaken identity, a lack of serious injury, or contact that never happened at all.
4. He stands with you in court. From the first hearing through a plea discussion or trial, he is prepared and steady when it counts.

The goal is to get the charges reduced or dismissed, or resolved with as little impact on your life as possible. Call (504) 905-8399 for a free, confidential consultation.