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The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.
The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
In Louisiana, assault is defined under the Louisiana Revised Statutes, specifically under Title 14: Assault and Battery. According to Louisiana law, an assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery, without the actual physical contact. This means that if someone acts in a way that makes another person fear that they are about to be physically harmed, that can be considered assault. The state differentiates between simple assault and aggravated assault, with the latter involving more serious circumstances, such as the use of a weapon or an assault against certain protected classes of people, which can result in more severe penalties. It's important to note that battery, on the other hand, involves actual physical contact and is treated as a separate offense. Penalties for assault in Louisiana can vary based on the severity of the offense and other factors, such as the victim's status and whether a weapon was used.