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Assault and Battery

La. R.S. 14:33 — battery is the intentional use of force on another, and assault is the attempt or the threat

Battery is the intentional use of force or violence upon another person. Assault is an attempt to commit a battery, or intentionally placing someone in reasonable apprehension of receiving one.

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OffenseWhat makes itPenalty
OffenseSimple assaultWhat makes itNo dangerous weaponPenaltyUp to $200, up to 90 days, or both
OffenseAggravated assaultWhat makes itA dangerous weaponPenaltyUp to $1,000, up to 6 months, or both
OffenseSimple batteryWhat makes itWithout consentPenaltyUp to $1,000, up to 6 months, or both
OffenseAggravated batteryWhat makes itA dangerous weaponPenaltyUp to $5,000, up to 10 years, or both

A simple battery against an employee of a regulated establishment carries up to $2,000, up to 2 years, or both.

Sources for this section (6)
  1. La. R.S. 14:33 — Battery defined
  2. La. R.S. 14:34 — Aggravated battery
  3. La. R.S. 14:35 — Simple battery
  4. La. R.S. 14:36 — Assault defined
  5. La. R.S. 14:37 — Aggravated assault
  6. La. R.S. 14:38 — Simple assault

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.

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