Louisiana Assault and Battery Laws: Charges and Penalties (2026)

Louisiana treats assault and battery as two separate crimes. Under La. R.S. 14:33, battery is the intentional use of force or violence upon another person, while La. R.S. 14:36 defines assault as an attempt to commit a battery or intentionally placing someone in reasonable apprehension of receiving one. Each comes in simple and aggravated forms, plus a long list of victim-specific and domestic offenses. Simple battery and simple assault carry jail terms of up to six months and 90 days, while aggravated battery can bring up to 10 years and aggravated second degree battery up to 15, before any repeat-offender increase. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Louisiana battery and assault statutes in Title 14 of the Revised Statutes (R.S. 14:33 through 14:38.2), the definitions in R.S. 14:2, related sentencing and firearm provisions (R.S. 14:50.2, 14:95.10 and 15:529.1), and the civil prescription periods in the Civil Code and R.S. 9:2800.9. It does not cover self-defense and justification (see Louisiana self-defense laws), protective orders (see Louisiana restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub) or parish and city ordinances.

Assault vs. battery in Louisiana

Louisiana keeps the traditional split. Battery is the actual use of force; assault is the attempt or the threat. R.S. 14:33, as amended by Acts 2026, No. 125 (effective August 1, 2026), reads:

"Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another; or the intentional directing of sound at another, in close proximity to another's ear or head, under circumstances in which the sound is capable of causing physical pain, hearing impairment, or bodily injury, and in such a manner that a reasonable person would foresee that the conduct would cause physical pain, hearing impairment, or bodily injury."

The sound clause is new as of August 1, 2026. Before that date, the definition covered force or violence and the administration of a poison or noxious substance.

R.S. 14:36 defines assault in one sentence:

"Assault is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery."

So a punch that lands is a battery, while a swing that misses, or a raised fist that makes someone reasonably expect to be hit, is an assault. Every other offense on this page builds on one of these two definitions.

Louisiana assault and battery charges and penalties

These Louisiana sections do not use numbered offense classes. Each section sets its own fine and jail or prison term, and the label "felony" turns on whether hard labor is available. R.S. 14:2(A)(4) states: "'Felony' is any crime for which an offender may be sentenced to death or imprisonment at hard labor."

Every range above comes from the offense's own penalty subsection rather than from a class-sentencing table. The figures are statutory limits (and, where stated, mandatory minimums), not a prediction of the sentence a court will impose in a particular case. These are the ranges for the offense itself; Louisiana's Habitual Offender Law (R.S. 15:529.1) sets higher ranges for some repeat felony convictions, described below.

The second degree battery section carries one limit worth knowing. R.S. 14:34.1(A) states that "this provision shall not apply to a medical provider who has obtained the consent of a patient."

Is assault a felony in Louisiana?

It depends on the form of the offense. Plain simple battery (six months), simple assault (90 days) and even aggravated assault with a dangerous weapon (six months) carry no hard labor, so they fall short of Louisiana's felony definition.

The picture changes when a weapon, an injury, a protected victim or a relationship is involved:

• Battery with a weapon or serious injury. Aggravated battery, second degree battery and aggravated second degree battery all allow imprisonment with or without hard labor, for up to 10, 8 and 15 years.
• Assault with a firearm. Aggravated assault with a firearm carries up to 10 years, and assault by drive-by shooting 3 to 10 years.
• Protected victims. Several victim-specific offenses allow hard labor, such as a non-student's battery or assault of a school teacher and, since August 1, 2026, simple battery against an employee of a regulated establishment.
• Repeat domestic offenses. A second domestic abuse battery conviction allows hard labor (60 days to one year), and a third carries 1 to 5 years.
• Domestic or dating relationship with a weapon. Domestic abuse aggravated assault and aggravated assault upon a dating partner, each an assault with a dangerous weapon, carry 1 to 5 years at hard labor.

Repeat felony offenders. Under R.S. 15:529.1, a second felony conviction carries one-third to twice the longest term for a first conviction, and a third carries one-half to twice that term. When the third felony and both prior felonies are crimes of violence under R.S. 14:2(B), a list that includes aggravated battery, second degree battery, aggravated second degree battery, aggravated assault with a firearm, aggravated assault upon a peace officer and domestic abuse aggravated assault, the sentence is life imprisonment without parole, probation or suspension of sentence. An earlier conviction generally does not count if more than five years (ten years where a crime of violence is involved) passed between completing that sentence, probation or parole and the new offense, not counting time spent incarcerated or under supervision.

Definitions that decide the grade

Three definitions in R.S. 14:2 decide where many Louisiana cases fall.

Dangerous weapon (14:2(A)(3)): "includes any gas, liquid or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm."

Because the test is "in the manner used," an ordinary object can count as a dangerous weapon. A dangerous weapon is what turns simple battery into aggravated battery and simple assault into aggravated assault.

Serious bodily injury (14:2(C)): "For purposes of this Title, 'serious bodily injury' means bodily injury which involves unconsciousness; extreme physical pain; protracted and obvious disfigurement; protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or a substantial risk of death."

Intentionally inflicting serious bodily injury is the element of second degree battery and, combined with a dangerous weapon, of aggravated second degree battery.

Crime of violence (14:2(B)): "an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon."

Battery of a police officer, teacher, nurse or sports official

Louisiana handles most protected victims through separate battery and assault offenses rather than a single enhancement list. Each section has its own elements.

Police officers (R.S. 14:34.2). Battery of a police officer, a battery when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty, carries a fine of up to $500 and 15 days to six months "without benefit of suspension of sentence." A second or subsequent offense brings one to three years with or without hard labor, and a battery that "produces an injury that requires medical attention" brings one to five years. If the offender is in the custody of the Department of Public Safety and Corrections or detained in a jail, prison or similar facility, the penalty is one to five years with or without hard labor without parole, probation or suspension, consecutive to any other sentence. For this section, "police officer" includes commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, juvenile detention facility officers, federal law enforcement officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers. The section also counts throwing water or any other liquid, feces, urine, blood, saliva or any form of human waste at the officer as battery.

Peace officers, assault with a weapon or vehicle (R.S. 14:37.2, 14:37.6). Aggravated assault upon a peace officer "is an assault committed upon a peace officer who is acting in the course and scope of his duties" and carries one to 10 years with or without hard labor, a fine up to $5,000, or both. Aggravated assault with a motor vehicle upon a peace officer carries one to 10 years with or without hard labor, a fine up to $5,000, or both.

School teachers (R.S. 14:34.3, 14:38.2). Battery of a school teacher is a battery without the victim's consent "when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties or when the battery was committed because of the status of the victim as a school teacher." The second prong, battery because of the victim's status as a teacher, was added by Acts 2026, No. 617 (effective August 1, 2026). If the offender is not a student, the penalty is a fine up to $5,000, one to five years with or without hard labor, or both, with at least six months served without parole, probation or suspension; a different range applies to student offenders. Assault on a school teacher, an assault when the offender has reasonable grounds to believe the teacher is acting in the performance of his duties, includes "making statements threatening physical harm to a school teacher," and a non-student faces a fine up to $2,000, one to three years with or without hard labor, or both.

Emergency room, emergency services and healthcare workers (R.S. 14:34.8). The offense requires reasonable grounds to believe the victim holds one of these roles and is acting in the performance of his duties. The base penalty is a fine up to $1,000 and 15 days to six months; a second or subsequent offense brings one to three years with or without hard labor; and a battery that produces an injury requiring medical attention brings one to five years with or without hard labor and a fine up to $5,000. "Healthcare professional" means a person licensed or certified by this state to provide healthcare or professional services in a listed role, including physicians, physician assistants, dentists, nurses, certified nurse assistants, certified emergency medical technicians, paramedics, patient transporters, dietary workers, security personnel, veterinarians and veterinary staff, or "any other person who otherwise assists in or supports the performance of healthcare services."

Sports officials (R.S. 14:34.4). Battery of a school or recreation athletic contest official, when the offender has reasonable grounds to believe the official is actively conducting, supervising or officiating a sanctioned contest, carries a fine of $1,000 to $5,000 and five days to six months "without benefit of suspension of sentence."

Other protected workers and people:

• Correctional facility employees (R.S. 14:34.5): when the employee is acting in the performance of his duty, 15 days to six months; one to five years without parole, probation or suspension if the offender is in the custody of the Department of Public Safety and Corrections or is being detained in a jail, prison or correctional facility.
• Bus operators (R.S. 14:34.5.1): battery on a bus operator "while the operator is operating a bus" carries a fine up to $1,000 and 72 hours to one year with or without hard labor, without probation, parole or suspension.
• Child welfare and adult protective service workers (R.S. 14:35.1): when the worker is on duty and has presented proper identification, 15 days to six months and a fine up to $500; one to five years with or without hard labor if the battery produces an injury requiring medical attention.
• Persons with infirmities (R.S. 14:35.2): a fine up to $500 and 30 days to six months.
• Utility service employees (R.S. 14:37.5): aggravated assault upon a utility service employee with a firearm carries one to three years with or without hard labor, a fine up to $2,000, or both.
• Military status (R.S. 14:34): for aggravated battery, at least one year must be served without parole, probation or suspension if the offender "knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the aggravated battery was committed because of that status." Acts 2025, No. 137 added the Space Force to the armed forces definition.
• Victims 65 or older (R.S. 14:50.2): for a crime of violence other than aggravated assault, such as aggravated or second degree battery, the court may add three years' imprisonment when the victim is 65 or older.

Point-of-sale employees: Acts 2026, No. 342

Acts 2026, No. 342 (HB 1238, effective August 1, 2026) added a higher tier for simple battery and simple assault "against an employee of a regulated establishment." Simple battery in that setting carries a fine up to $2,000, up to two years with or without hard labor, or both (R.S. 14:35(B)(2)); simple assault carries a fine up to $1,000, up to six months, or both (R.S. 14:38(B)(2)).

The act defines the employee by where the person works. "Employee" means "an employee who engages in duties at or behind a checkout station, service counter, drive-through window, customer service desk, or similar place or structure utilized as the point of transaction for an employee and a customer." The act does not define "regulated establishment"; its title describes it as relating to workplace violence in retail and food service establishments.

Domestic abuse battery and dating partner battery

Louisiana treats violence within a household, family or dating relationship as separate crimes rather than a simple enhancement.

Domestic abuse battery (R.S. 14:35.3) "is the intentional use of force or violence committed by one household member or family member upon the person of another household member or family member." "Household member" includes any person presently or formerly living in the same residence with the offender who is or was in a sexual or intimate relationship with the offender, any child presently or formerly living in the same residence, and any child of the offender regardless of where the child lives. Penalties rise with each conviction:

• First conviction: a fine of $300 to $1,000 and 30 days to six months.
• Second conviction: a fine of $750 to $1,000 and 60 days to one year with or without hard labor, at least 14 days served without parole, probation or suspension.
• Third conviction: one to five years with or without hard labor and a $2,000 fine.
• Fourth or subsequent conviction: 10 to 30 years at hard labor and a $5,000 fine.

Strangulation. Under R.S. 14:35.3(L), if the offense involves strangulation the offender, in addition to any other penalty, "shall be imprisoned at hard labor for not more than ten years," with at least one year served without probation or suspension. If the strangulation results in serious bodily injury, the term is five to 50 years at hard labor without probation, parole or suspension. The statute defines strangulation as "intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of the victim." Other add-ons in the same section, each imposed at hard labor in addition to the base penalty, apply when a child 13 or younger was present (one to three years for a first offense, three to six for a later one), when the offender knew the victim was pregnant (up to three years), when the battery was committed by burning (up to three years, or five to 50 if it causes serious bodily injury), and when the offender intentionally inflicted serious bodily injury, used a dangerous weapon, or both (up to 8, 10 or 15 years).

Battery of a dating partner (R.S. 14:34.9) "is the intentional use of force or violence committed by one dating partner upon the person of another dating partner." A first conviction carries a fine of $300 to $1,000 and 30 days to six months; a second carries $750 to $1,000 and 60 days to one year with or without hard labor; a third carries one to five years with or without hard labor and a $2,000 fine. The same section has add-ons for pregnancy, strangulation, burning, serious bodily injury and a dangerous weapon.

Domestic abuse aggravated assault (R.S. 14:37.7), an assault with a dangerous weapon by one household or family member upon another, carries one to five years at hard labor and a fine up to $5,000, with a mandatory minimum of two years at hard labor without parole, probation or suspension if a child 13 or younger was present. Aggravated assault upon a dating partner (R.S. 14:34.9.1), an assault with a dangerous weapon by one dating partner upon another, carries the same penalties.

Acts 2026, No. 146 and Acts 2026, No. 623, both effective August 1, 2026, amended the domestic abuse battery and dating partner battery sections. Louisiana law separately bars anyone convicted of domestic abuse battery, or of a second dating-partner battery or one involving strangulation or burning, from possessing a firearm or carrying a concealed weapon until ten years after completing the sentence, probation or parole; a violation carries one to 20 years with or without hard labor without probation, parole or suspension (R.S. 14:95.10). A conviction for a misdemeanor crime of domestic violence can also trigger the federal firearm ban in 18 U.S.C. 922(g)(9); the assault and battery hub explains the federal layer. Protective orders are a separate civil process; see Louisiana restraining order laws.

Recent changes to Louisiana assault and battery law

• Acts 2026, No. 125 (HB 132), effective August 1, 2026: added the directing of sound at another's ear or head to the definition of battery in R.S. 14:33.
• Acts 2026, No. 342 (HB 1238), effective August 1, 2026: added the higher simple battery and simple assault tiers for employees of a regulated establishment.
• Acts 2026, No. 617 (HB 133), effective August 1, 2026: added the "because of the status of the victim as a school teacher" prong to R.S. 14:34.3.
• Acts 2026, Nos. 146 (HB 275) and 623 (HB 160), effective August 1, 2026: amended R.S. 14:35.3 and 14:34.9.
• Acts 2025, No. 137: added the Space Force to the armed forces definitions in the battery sections.

Civil lawsuits for assault and battery in Louisiana

A criminal case and a civil lawsuit are separate. The state prosecutes the crime; the injured person may bring a civil claim for damages, which Louisiana calls a delictual action.

Civil Code article 3493.1, enacted by Acts 2024, No. 423 (effective July 1, 2024), provides: "Delictual actions are subject to a liberative prescription of two years. This prescription commences to run from the day that injury or damage is sustained." Longer periods apply in some cases. A claim for sexual assault has three years, running from the injury or from the day law enforcement or a judicial agency notifies the victim of the offender's identity, whichever is later (Civil Code art. 3496.2). A claim for abuse of a minor has three years from the day the minor reaches majority (art. 3496.1), and a claim for sexual abuse of a minor, or physical abuse of a minor resulting in permanent impairment or permanent physical injury or scarring, does not prescribe, nor does a claim against a person convicted of a crime against the child (R.S. 9:2800.9). The third sentence of article 3493.1, which keeps prescription from running against minors and interdicts, applies only to product liability claims involving permanent disability. Whether the two-year period governs an injury sustained before July 1, 2024 is a question for a Louisiana lawyer. For other filing deadlines, see the Louisiana statute of limitations guide.

Related legal issues

• Self-defense. Justification is a separate topic; see Louisiana self-defense laws.
• Protective orders. See Louisiana restraining order laws.
• Clearing a record. Whether a battery or assault conviction can be expunged is covered in Louisiana expungement laws.

Related pages

• Assault and battery laws by state
• Louisiana self-defense laws
• Louisiana restraining order laws
• Louisiana expungement laws
• Louisiana statute of limitations
• Texas assault and battery laws
• Mississippi assault and battery laws

This article provides general legal information about Louisiana assault and battery law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Louisiana.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in Louisiana?

Battery under La. R.S. 14:33 is the intentional use of force or violence upon another person. Assault under R.S. 14:36 is an attempt to commit a battery or intentionally placing another in reasonable apprehension of receiving one.

Is simple battery a felony in Louisiana?

Ordinary simple battery is not: R.S. 14:35(B)(1) sets a fine of up to $1,000, up to six months, or both, with no hard labor. Since August 1, 2026, simple battery against an employee of a regulated establishment allows up to two years with or without hard labor, which meets the felony definition in R.S. 14:2(A)(4).

What is the penalty for aggravated battery in Louisiana?

Aggravated battery, a battery committed with a dangerous weapon, carries a fine of up to $5,000, imprisonment with or without hard labor for up to 10 years, or both under R.S. 14:34. The Habitual Offender Law (R.S. 15:529.1) can raise this for a repeat felony offender.

Is aggravated assault a felony in Louisiana?

Plain aggravated assault, an assault with a dangerous weapon, carries a fine of up to $1,000, up to six months, or both under R.S. 14:37. Aggravated assault with a firearm (R.S. 14:37.4) carries up to 10 years with or without hard labor, and aggravated assault upon a peace officer acting in the course and scope of his duties (R.S. 14:37.2) carries one to 10 years.

What happens if you commit battery on a police officer in Louisiana?

Battery of a police officer under R.S. 14:34.2, a battery when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty, carries a fine of up to $500 and 15 days to six months without suspension of sentence, one to three years for a second or subsequent offense, and one to five years if the battery produces an injury that requires medical attention. If the offender is in custody or detained in a jail or similar facility, it carries one to five years without parole, probation or suspension.

Is battery of a nurse a felony in Louisiana?

Battery of emergency room personnel, emergency services personnel or a healthcare professional under R.S. 14:34.8, when the offender has reasonable grounds to believe the victim holds that role and is acting in the performance of his duties, starts at 15 days to six months. A second or subsequent offense brings one to three years with or without hard labor, and a battery producing an injury that requires medical attention brings one to five years.

What is domestic abuse battery in Louisiana?

Under R.S. 14:35.3 it is the intentional use of force or violence by one household or family member upon another. A first conviction carries a $300 to $1,000 fine and 30 days to six months, a second allows 60 days to one year with or without hard labor, and penalties rise with later convictions; strangulation adds up to 10 years at hard labor.

How long do you have to sue for battery in Louisiana?

Civil Code article 3493.1 sets a two-year liberative prescription for delictual actions, running from the day the injury or damage is sustained. Longer periods apply to sexual assault (three years from the injury or from notice of the offender's identity, whichever is later, art. 3496.2) and abuse of a minor (three years from majority, art. 3496.1), and claims for sexual abuse of a minor or physical abuse of a minor causing permanent injury or scarring do not prescribe (R.S. 9:2800.9).