A battery charge often comes down to who the officer believed at the scene. That is not the end of the story. Self-defense, consent, and a shaky account can each change everything, and paying or pleading just to move on leaves a violent-offense conviction on your record for good. Talk to us before you talk to anyone else.
A simple battery charge usually comes out of a single heated moment, a shove outside a bar downtown, a scuffle at a tailgate, a family argument that turned physical. When it is over it feels minor, but Louisiana treats it as a crime of violence, and a conviction can follow you for the rest of your life. Most simple battery cases in Lafayette are heard in Lafayette City Court, while the more serious versions move to the 15th Judicial District Court.
This page walks through exactly what the state has to prove, what you are facing, what happens after an arrest, and how these cases are actually won. The Law Office of Heather C. Ford defends battery cases across Lafayette and works to keep a moment you regret from becoming a permanent mark.
Under Louisiana Revised Statute 14:35, simple battery is the intentional use of force or violence on another person, without their consent and without a dangerous weapon. That sounds simple, but it breaks into distinct elements, and the state has to prove every one of them beyond a reasonable doubt. If it cannot prove even one, the charge should not stand.
Notice what is not on that list. There is no requirement that the other person was hurt, and no requirement that you started it, which is why so many of these charges are brought on thin facts. Understanding the elements is the first step in seeing where a case is weak.
Simple battery is a misdemeanor, but it sits at the bottom of a ladder of battery charges that climb quickly into felony territory. What separates them is the harm alleged and whether a weapon was involved. The table below reflects current Louisiana law.
| Charge | Level | Maximum penalty |
| Simple battery (RS 14:35) | Misdemeanor | Up to 6 months in jail and up to a $1,000 fine. |
| Second degree battery (RS 14:34.1) | Felony | Up to 8 years and up to a $2,000 fine, when serious bodily injury is intended. |
| Aggravated battery (RS 14:34) | Felony | Up to 10 years and up to a $5,000 fine, when a dangerous weapon is used. |
If the alleged victim is a spouse, dating partner, or household member, the case may be charged as domestic abuse battery under RS 14:35.3 instead, which carries its own mandatory minimums, potential protective orders, and firearm consequences. Whatever the label, part of our early work is making sure a case is charged at the right level and pushing back hard where the state overreaches. A felony battery is heard at the 15th JDC, where the exposure is prison rather than parish jail.
Knowing the road ahead takes some of the fear out of it. A Lafayette misdemeanor case generally moves through these stages, and there is an opening to help at each one.
The sentence on the statute is only part of the story. A battery conviction is a crime of violence on your record, and that label reaches into corners of your life long after any fine is paid.
Set against all of that, keeping the charge off your record in the first place is almost always the better trade, and it is what we work toward from day one.
A battery charge is not a conviction, and these cases have more give in them than the police report suggests. The state has to prove every element, and it often relies on one person’s account of a chaotic moment. Here is where we push.
Louisiana law lets you use reasonable force to protect yourself from another person’s aggression, and RS 14:19 recognizes that right. If you were responding to a threat, self-defense is a complete defense, not just an excuse, and the police report usually does not tell that side of the story.
The same principle applies when you step in to protect someone else who is under threat. Reasonable force used to defend another person is lawful.
Simple battery requires an unconsented touching. In a mutual fight or a situation both people entered willingly, that element is missing, and the fact that both people were arrested does not mean both are guilty.
If the contact was accidental, there is no battery. And where the case rests on one account, witnesses, video, injuries that do not match the story, and inconsistencies in the report are all places we attack, because the state has to prove it, not just allege it.
Battery charges sometimes grow out of a bad breakup, a custody dispute, or a grudge. Motive to lie is a fair and powerful subject, and we develop it where the facts support it.
A charge is not a conviction, and even where the facts are difficult, the goal is often to keep this off your record entirely. For a qualifying first offense, an Article 894 deferral can let you complete conditions and avoid a conviction. The 15th JDC District Attorney also offers pretrial diversion for some first-time cases, which can end with the charge dismissed. And where you already have an old conviction, expungement may remove it from public view. We will tell you honestly which of these is realistic in your case rather than promise an outcome.
People assume a lawyer only matters once you get to court. In reality, the most important work often happens early, before the charge is even finalized, when evidence is fresh, witnesses are available, and there is still room to shape the outcome. Getting counsel involved in the first days after an arrest is the single biggest thing you can do to protect yourself, and there is no downside to a free, confidential conversation.
We start by testing whether the stop, the arrest, and the state’s evidence hold up, and whether what happened actually meets the legal definition of the charge. From there we push for a dismissal, a reduction, or a resolution that keeps a conviction off your record, and for most misdemeanor cases we can appear at Lafayette City Court for you. If your case involves a related charge, see our Lafayette criminal defense, misdemeanor, and DWI pages.
Protect your record so a single charge does not become a conviction that shows up on every background check.
Protect your freedom by fighting the charge and pursuing alternatives to jail where they fit.
Lose the fear of the unknown by having someone who knows the Lafayette courts walk you through every step.
The sooner you have someone in your corner, the more options you have. Call or text the Law Office of Heather C. Ford for a free, confidential consultation. Learn more about our Lafayette criminal defense and the courts we serve.
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No. Simple battery under RS 14:35 is a misdemeanor, carrying up to six months in jail and up to a $1,000 fine. It becomes a felony only if serious injury is intended (second degree battery, up to 8 years) or a dangerous weapon is used (aggravated battery, up to 10 years), both of which move the case to the 15th JDC.
That happens, and it does not mean you are guilty. Simple battery requires an unconsented touching, and self-defense or mutual combat can be a full defense. Who got arrested at the scene is not who a court decides is at fault.
Not automatically. In Louisiana the district attorney, not the alleged victim, decides whether to prosecute. Their wishes can matter, but the decision is the state’s, which is why having a lawyer speak with the prosecutor early can make a real difference.
Often, yes. Through a dismissal, a reduction, a pretrial diversion program, or an Article 894 deferral for a qualifying first offense, we can frequently keep a conviction from attaching. An old conviction may later be expunged.
In Louisiana, assault is threatening or attempting harm and putting someone in fear of it, while battery is actual physical contact. They are separate charges, and it is common to be charged with one, the other, or both.
It can. A domestic-related battery can trigger a federal firearms ban, and any violent-offense conviction can show up on background checks and affect employment and professional licenses. That long tail is a big reason to fight the charge now.
For most misdemeanor battery cases, we can appear at Lafayette City Court on your behalf. If the charge is a felony at the 15th JDC, your appearance may be required, and we will tell you exactly what is needed.
