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This guide focuses on Lafayette, Louisiana. Assault and battery charges in Lafayette are governed by Louisiana state law and handled locally by Lafayette law enforcement and the courts serving Lafayette Parish. In Louisiana, assault generally means an attempt to commit a battery or intentionally placing someone in reasonable fear of a battery. Battery means the intentional use of force or violence upon another person. Depending on the facts, a case may be charged as a misdemeanor or a felony, with penalties ranging from fines and probation to years in state prison.
Felony and most misdemeanor cases are prosecuted by the 15th Judicial District Attorney and heard in the 15th Judicial District Court for Lafayette Parish. Some city-level misdemeanors and violations are handled in Lafayette City Court. Arrests are typically processed through the Lafayette Parish Correctional Center. Because state law interacts with local practices, speaking with a Lafayette-based defense lawyer is important to understand how your case will proceed in the local system.
This information is educational and is not legal advice. If you are facing charges or believe you may be, consult a licensed Louisiana attorney promptly.
You may need an attorney if you were arrested or cited for simple assault, simple battery, aggravated assault, second degree battery, aggravated battery, domestic abuse battery, or any related offense. A lawyer can evaluate whether the evidence supports the charge, assert defenses such as self-defense, challenge unlawful searches or statements, and negotiate for dismissals, reductions, or diversion.
Legal help is especially critical when any of the following apply: the incident allegedly involved a weapon or resulted in serious bodily injury, there is a domestic or dating relationship, a protective order is in place, the alleged victim is a peace officer or teacher, you have prior convictions, you are a juvenile, you are not a United States citizen, you hold a professional license such as nursing or teaching, or you are a student who may face school discipline. Early legal advice can protect your rights, preserve evidence such as surveillance footage, and minimize collateral consequences for employment, immigration, and schooling.
Key definitions under Louisiana law: Assault is an attempt to commit a battery or the intentional placing of another in reasonable apprehension of receiving a battery. Battery is the intentional use of force or violence upon another. Words alone are not a battery, but threats and conduct can be an assault if they reasonably cause fear of imminent harm.
Common Louisiana charges and typical penalty ranges include: simple assault, generally a misdemeanor with up to 90 days in jail and or a fine. Aggravated assault, such as with a dangerous weapon, can carry up to 6 months in jail and higher fines. Aggravated assault with a firearm has enhanced penalties and may include a mandatory minimum term. Simple battery is generally a misdemeanor with up to 6 months in jail and or a fine. Aggravated battery is a felony involving a dangerous weapon and can carry up to 10 years imprisonment and a fine. Second degree battery involves serious bodily injury and can carry up to 8 years and a fine. Aggravated second degree battery involves serious injury caused by a dangerous weapon and can carry up to 15 years and a fine. Exact penalties depend on the statute charged, prior record, and case facts.
Special categories and enhancements: Louisiana has enhanced penalties for domestic abuse battery, battery of a dating partner, battery of a police officer or teacher, battery committed in the presence of a child, and offenses involving firearms. Domestic cases often include protective orders that impose no-contact conditions. Violating a protective order is a separate crime with its own penalties.
Self-defense and defense of others: Louisiana law recognizes justifiable use of force when you reasonably believe it is necessary to prevent an offense against your person, and justifiable homicide in limited circumstances. Louisiana has a no duty to retreat rule if you are in a place where you have a right to be and are not the aggressor. Whether force was reasonable is highly fact specific and often the central issue in assault and battery cases.
Court process in Lafayette Parish: After arrest, a magistrate sets bond and conditions, which may include no-contact orders and firearm restrictions. The District Attorney reviews the police report and files formal charges. At arraignment you enter a plea. Your lawyer can file motions to suppress evidence or statements, request discovery, and seek dismissal or reduction. Many misdemeanors can be negotiated for probation under Article 894, which can help with later expungement. Some felonies may be eligible for Article 893 suspended sentences. Pretrial diversion may be available in select cases.
Records and expungement: Louisiana allows expungement of arrests and many convictions after certain waiting periods and if other criteria are met. The rules differ for misdemeanors and felonies and are affected by prior convictions and the terms of your sentence. Domestic abuse battery and crimes of violence have special limitations. Speak with a lawyer about eligibility, timing, and whether a set aside under Article 894 or 893 could help you later.
Assault is an attempt to commit a battery or intentionally putting someone in reasonable fear of an immediate battery. Battery is the intentional use of force or violence against another person. You can be charged with assault even if no physical contact occurred.
Simple battery is generally a misdemeanor. Many first offenders do not receive jail if they accept probation, counseling, or community service, but jail is possible. Outcomes depend on the facts, criminal history, and local policies. An attorney can often negotiate for dismissal or probation under Article 894 when appropriate.
Aggravation usually involves a dangerous weapon, serious bodily injury, or a protected victim such as a peace officer. For example, aggravated battery involves a dangerous weapon, while second degree battery involves serious bodily injury. Aggravated assault with a firearm has enhanced penalties.
You may use reasonable force to prevent an offense against your person. There is no duty to retreat if you are lawfully present and not the aggressor. The force used must be proportional to the threat. The State can challenge a self-defense claim, so evidence like witness statements, 911 recordings, and video can be critical.
The complaining witness cannot unilaterally drop charges. The District Attorney decides whether to prosecute. A victim can express a preference, but the prosecutor may continue the case even if the victim is uncooperative, especially in domestic cases or where serious injury is alleged.
You are booked at the Lafayette Parish Correctional Center, bond is set, and conditions may include no contact with the alleged victim. You will have an arraignment and pretrial settings in either Lafayette City Court or the 15th Judicial District Court. Hire a lawyer quickly to address bond, gather evidence, and negotiate with the prosecutor.
Follow it strictly. Do not call, text, or contact the protected person, and do not have third parties contact them. Violating the order is a separate crime and can affect bond and case negotiations. Your lawyer can ask the court to modify conditions if appropriate.
Consent is not a defense to many violent offenses, especially when serious injury or weapons are involved. Mutual combat can still result in charges for all participants. A lawyer can evaluate defenses such as lack of intent, self-defense, or insufficient evidence.
Crimes involving violence or weapons can carry severe immigration consequences, including deportability and inadmissibility. Do not plead to any charge without advice from a criminal and immigration informed attorney. There may be plea options that reduce immigration risk.
Dismissed charges and acquittals are generally expungeable after the case ends. Many misdemeanor convictions can be expunged after a waiting period if other criteria are met, especially when Article 894 was used. Felony options are more limited. Domestic abuse battery and crimes of violence have restrictions. An attorney can assess eligibility and timing.
15th Judicial District Court for Lafayette Parish - Handles felony and many misdemeanor criminal cases arising in Lafayette Parish.
Lafayette City Court - Handles certain misdemeanor and city-level offenses occurring within city limits.
15th Judicial District Attorney - Prosecutes state criminal cases in Lafayette Parish and administers diversion programs when available.
15th Judicial District Public Defender - Provides defense services to eligible individuals who cannot afford a lawyer.
Lafayette Parish Clerk of Court - Maintains criminal case records, protective order filings, and expungement paperwork for district court matters.
Lafayette Police Department - Primary city law enforcement agency for incidents within Lafayette city limits.
Lafayette Parish Sheriff’s Office - Parish law enforcement, jail administration, and bond information.
Family Justice Center of Acadiana - Coordinated services for victims of domestic violence, dating violence, and related crimes.
Acadiana Legal Service Corporation - Civil legal aid that can assist eligible clients with protective orders and related civil issues.
Louisiana Protective Order Registry - Statewide registry that tracks protective orders issued by Louisiana courts.
Louisiana Crime Victims Reparations Program - Financial assistance for eligible victims of violent crime for medical expenses, counseling, and other losses.
Louisiana State Bar Association Lawyer Referral - Helps connect the public with licensed Louisiana attorneys for consultations.
Prioritize safety and legal compliance. If there is a no-contact or protective order, follow it immediately. Do not discuss the incident with the alleged victim or witnesses and do not post about the case online. Anything you say can be used against you.
Consult a Louisiana criminal defense lawyer who handles assault and battery in Lafayette. Ask about local practices in the 15th Judicial District Court and Lafayette City Court, defenses such as self-defense, diversion or Article 894 options, likely timelines, and strategies to protect your job, school status, and immigration interests.
Prepare for your consultation. Gather paperwork such as the citation or booking sheet, bond paperwork, any protective order, names of witnesses, photos of injuries, medical records, and any video or messages that may be evidence. Make a written timeline while events are fresh in your memory.
Address release conditions. Your lawyer can seek bond reductions or modifications to no-contact terms when appropriate, and can request permission for limited contact through counsel if needed for child exchanges or property retrieval.
Consider collateral issues early. If you are a student, contact your school’s conduct office before any hearing. If you hold a professional license or security clearance, speak with counsel about reporting obligations. Noncitizens should obtain immigration-informed advice before any plea.
Discuss record clearing options. Ask whether Article 894 or 893 may apply, what diversion programs exist, and whether dismissal or expungement could be available after the case concludes.
If you are a victim seeking help, contact local victim services, consider applying for a protective order, and ask the District Attorney’s victim assistance staff about safety planning, restitution, and reparations.
Deadlines come fast. Arraignments, discovery requests, and motion filings are time sensitive. Retain counsel as soon as possible to preserve evidence and protect your rights.
