A dispute outside a restaurant in Baton Rouge, an altercation near Louisiana State University, or even a fight that suddenly escalates could lead to criminal charges. A skilled Baton Rouge aggravated assault lawyer can explain the accusations against you and begin preparing your defense if you are accused of threatening someone with a weapon or otherwise putting someone else in fear of bodily harm.
Attorneys at Steven J. Moore, LLC know an arrest is only part of the story. We look at the details of each alleged offense and explain the criminal justice process and aggravated assault laws to our clients.
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Attorneys with Steven J. Moore, LLC represent people charged with crimes in Baton Rouge and other communities throughout Louisiana. With over 30 years of legal experience, we focus on criminal defense. Unlike larger firms, we work in a boutique practice, which allows direct access to attorney Steven J. Moore.
We know how stressful criminal accusations can be, especially if it’s your first offense. They can jeopardize your job and strain relationships with friends and family. For these reasons, we focus on personal representation and the long-term consequences you may face.
Assault generally means that you allegedly threatened or attempted to physically harm someone under circumstances that involve a dangerous weapon. These offenses are distinct from battery charges because you don’t have to make contact with another person. It may be enough to threaten someone to support an assault allegation. Examples of incidents that could lead to aggravated assault charges include:
Investigators may examine whether a weapon was present, how it was presented, whether or not it was pointed at someone, and whether or not you intended to threaten to cause harm. A Baton Rouge aggravated assault attorney can evaluate what evidence exists to support the accusations against you. This includes potential defenses based on witness testimony or video footage.
Aggravated assault is commonly charged as a violent crime and could be a misdemeanor or a felony depending on the circumstances. Getting a sense of how often aggravated assault is charged can help provide context to your situation. The FBI reported that aggravated assault declined by an estimated 3.0% nationwide in 2024. Violent crimes overall saw a decrease of approximately 4.5% during that same year. Additionally, according to CrimeGrade, Baton Rouge has an assault rate of 4.457 per 1,000 residents.
Baton Rouge aggravated assault cases start with an arraignment, followed by charging decisions, pretrial hearings, and possibly a trial. Felony charges may be handled in different courts than misdemeanor offenses. Felony cases usually proceed through district court. In East Baton Rouge Parish, that court is the 19th Judicial District Court at 300 North Boulevard, Baton Rouge, LA 70801.
Make sure you pay close attention to all paperwork from the court and keep your contact information current. If the court releases you from jail, you must comply with any conditions until the case concludes. Failing to appear for a mandatory court date is another offense that could lead to more severe aggravated assault penalties.
When you hire an aggravated assault lawyer as soon as possible, it gives you more time to locate evidence that may be beneficial to your case before it is no longer available. Your attorney can go over the police report and look for errors, speak with witnesses, and analyze video surveillance to determine if the state would be able to prove every element of your alleged offense.
If applicable, your attorney can introduce proof that you acted in self-defense or that you did not threaten another person with a weapon. Your attorney can meet with the prosecutor to discuss your options, negotiate on your behalf, and go to trial if the charges are still contested. Your attorney can discuss diversion or alternative resolutions that focus on your rehabilitation and future impact if you qualify.
Yes, you can still be charged with aggravated assault if the alleged victim doesn’t want to press charges. Prosecutors, not victims or complaining witnesses, typically decide whether to file criminal charges. A prosecutor could choose to file charges even if the complaining witness recants or asks that the matter be dropped. However, whether or not a witness is willing to testify could influence how the prosecutor handles a case. An experienced criminal defense lawyer can help you understand your legal options and prepare a defense based on the circumstances of your case.
Yes, you can still be charged with aggravated assault for threatening someone with an unloaded gun. The question in such a case is not whether the gun was capable of firing but rather whether the defendant intentionally handled the gun in a way that amounted to an assault. Factors considered include how the gun was pointed and what the alleged victim believed.
Yes, aggravated assault charges can arise from road rage incidents if one driver allegedly threatens another driver with a deadly weapon. For instance, brandishing a gun during a road rage incident on I-10 or menacing someone with your car may cause an investigation to occur. It depends on the circumstances and evidence to determine if the behavior constituted aggravated assault.
Yes. If two people allegedly threaten each other with a deadly weapon, the police might arrest both of them for aggravated assault. However, being involved in the same fight does not mean that both persons are equally culpable. The actions of each person must be considered individually. Who started the altercation and how the fight progressed could become issues in the case.
If you have been charged with aggravated assault, Steven J. Moore can help you in your defense. Contact us online today for more information or call us at 225-767-7778.
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