Assault and Battery Charges in Lake Charles: Know What You Are Facing
Fontenot Law is a Lake Charles criminal defense firm defending assault and battery charges in the Fourteenth Judicial District Court and throughout Calcasieu Parish. Louisiana law distinguishes between assault — placing someone in reasonable apprehension of imminent harm — and battery — the intentional use of force or violence on another person. These offenses span a wide range of severity, from misdemeanor simple battery to aggravated assault felonies carrying years in state prison.
Under La. R.S. 14:33–14:37.8, Louisiana's assault and battery statutes create distinct charges based on the level of harm, the use of a weapon, the identity of the victim, and the circumstances of the offense. Simple battery — the most basic charge — is a misdemeanor. But aggravated battery, second-degree battery involving serious bodily injury, or assault with a dangerous weapon are felonies with significant prison exposure. Our firm handles the full range of these charges in Calcasieu Parish courts.
Louisiana Assault and Battery: The Charge Levels
- Simple assault (La. R.S. 14:38) — threatening imminent harm without physical contact. Misdemeanor. Up to 90 days and $200 fine.
- Simple battery (La. R.S. 14:35) — intentional use of force or violence without the victim's consent, causing no serious injury. Misdemeanor. Up to six months and $1,000 fine.
- Second degree battery (La. R.S. 14:34.1) — battery causing serious bodily injury. Felony. Up to eight years at hard labor.
- Aggravated battery (La. R.S. 14:34) — battery committed with a dangerous weapon. Felony. Up to ten years at hard labor.
- Aggravated assault with a firearm (La. R.S. 14:37.4) — assault with a firearm, which carries enhanced penalties and mandatory minimum sentences.
- Battery of a police officer, healthcare worker, or other protected victim — enhanced charges apply when the victim falls into a protected category, regardless of the severity of injury.
Self-Defense and Defense of Others in Louisiana
Louisiana law explicitly recognizes self-defense and defense of others as complete defenses to assault and battery charges. Under La. R.S. 14:19–14:22, a person is justified in using force or violence against another when they reasonably believe they are in imminent danger of being killed or receiving great bodily harm and the force used is necessary to prevent that harm. Louisiana also has a Castle Doctrine provision that extends this protection to a person's home, place of business, and vehicle.
Self-defense cases require careful factual development — establishing who was the initial aggressor, what the defendant reasonably believed at the moment force was used, and whether the force used was proportionate to the threat. Our firm investigates assault cases thoroughly before advising on strategy. Eyewitness accounts, surveillance footage, the physical evidence at the scene, and prior history between the parties are all relevant to a self-defense claim in Calcasieu Parish courts.
Fontenot Law defends assault and battery charges throughout Lake Charles, Sulphur, Westlake, Moss Bluff, and all of Calcasieu Parish. If you have been charged or are under investigation, contact our office before speaking to police.
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Frequently Asked Questions
In Louisiana, assault is placing another person in reasonable apprehension of imminent bodily harm — a threat or threatening act that makes the victim fear they are about to be hurt, without physical contact necessarily occurring. Battery is the actual intentional use of force or violence on another person without their consent. Both can be charged as misdemeanors or felonies depending on the circumstances, the severity of harm, and whether a weapon was involved.
Yes. Louisiana law explicitly recognizes self-defense as a complete defense to assault and battery charges. A person is justified in using force when they reasonably believe they are in imminent danger of being killed or receiving great bodily harm and the force used is necessary to prevent that harm. Louisiana also has a Castle Doctrine covering a person's home, vehicle, and place of business. Self-defense claims require careful factual development — our firm investigates the full circumstances before advising on strategy.
Not necessarily. In Louisiana, the decision to prosecute rests with the District Attorney's office, not the alleged victim. A victim who declines to cooperate or recants may weaken the state's case, but the prosecution can proceed if other evidence — police reports, witness statements, photographs, or medical records — supports the charge. Our firm advises clients on how the alleged victim's position affects the realistic outcome of their case.
Aggravated battery under La. R.S. 14:34 is a battery committed with a dangerous weapon. A dangerous weapon is any instrument capable of causing death or great bodily harm in the manner it is used. Aggravated battery is a felony carrying up to ten years at hard labor. The definition of 'dangerous weapon' is broad — courts have included not just firearms and knives but also objects used in ways that could cause serious injury.
Battery of a police officer is a separate, enhanced charge under La. R.S. 14:34.2 that applies when the victim is a peace officer acting in the performance of their duties and the offender knows or should know that the victim is a police officer. It carries significantly higher penalties than simple battery — up to five years at hard labor even for a first offense — and is treated seriously by Calcasieu Parish prosecutors. Our firm defends these charges with the same thoroughness as any felony.