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La. Rev. Stat. § 14:37.4 (2026)

Aggravated assault with a firearm

✓ current as of May 2026
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§37.4. Aggravated assault with a firearm

A. Aggravated assault with a firearm is an assault committed with a firearm.

B. For the purposes of this Section, "firearm" is defined as an instrument used in the propulsion of shot, shell, or bullets by the action of gunpowder exploded within it.

C. Whoever commits an aggravated assault with a firearm shall be fined not more than ten thousand dollars or imprisoned for not more than ten years, with or without hard labor, or both.

Added by Acts 2001, No. 309, §1; Acts 2003, No. 239, §1; Acts 2012, No. 320, §1, eff. May 25, 2012.

Notes of Decisions
Cited in 82 cases (28 in the last 5 years), 2002–2025 · leading case: United States v. Garner, 28 F.4th 678 (5th Cir. 2022).
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United States v. Garner, 28 F.4th 678 (5th Cir. 2022). · cites it 18× “R.S. 14:37.4, a “crime of violence.” Garner objected, citing a recent decision from this Court which held that aggravated assault with a firearm in Louisiana is not categorically a crime of violence because the crime can be committed negligently.”
State v. Qualls, 921 So. 2d 226 (La. Ct. App. 2006). · cites it 4× “R.S. 14:37.4 provides: A. Aggravated assault with a firearm is an assault committed by the discharge of a firearm.”
State ex rel. C.B., 251 So. 3d 562 (La. Ct. App. 2018). · cites it 3× “R.S. 14:37.4. C.B. was ordered to serve one year in a non-secure program for aggravated battery and one year in a non-secure program for each count of aggravated assault with a firearm.”
State v. Maize, 223 So. 3d 633 (La. Ct. App. 2017). · cites it 2× “R.S. 14:37.4 provided that “whoever commits an aggravated assault with a firearm shall be fined not more than five thousand dollars, or imprisoned for not more than five years, with or without hard labor, or both.”
State v. Lafleur, 209 So. 3d 927 (La. Ct. App. 2017). · cites it 3× “R.S. 14:37.4. The State filed a “Motion for Appointment of Sanity Commission,” and on September 10, 2014, the trial court ordered a sanity commission to determine whether Defendant was competent to assist in his own defense.”
State v. Williams, 236 So. 3d 604 (La. Ct. App. 2017). · cites it 4× “7 (count 2); and aggravated assault with a firearm, a violation of LSA-R.S. 14:37.4 (count 3). The defendant pled not guilty to the charges and, following a jury trial, was found not guilty on count 1 (false imprisonment) and guilty as charged on counts 2 and 3.”
State v. De Gruy, 215 So. 3d 723 (La. Ct. App. 2017). “R.S. 14:37.4. Defendant entered a plea of not guilty and elected a trial by judge.”
State v. Nailor, 78 So. 3d 816 (La. Ct. App. 2011). · cites it 2× “R.S. 14:37.4. Nailor was arraigned, in absentia, and a plea of not guilty was entered on his behalf.”
State v. Nguyen, 888 So. 2d 900 (La. Ct. App. 2004). “R.S. 14:37.4. [4] We note that the defendant attempted to seek emergency supervisory review of the trial judge's ruling on the Prieur issue on the first day of trial.”
State v. Boutte, 65 So. 3d 793 (La. Ct. App. 2011). · cites it 3× “R.S. 14:37.4, and bail jumping in violation of La.”
State v. Washington, 219 So. 3d 1221 (La. Ct. App. 2017). · cites it 5× “R.S. 14:37.4 (count three); and aggravated criminal damage to property in violation of La.”
State v. Turner, 131 So. 3d 106 (La. Ct. App. 2013). · cites it 3× “R.S. 14:37.4. Also charged in the same bill of information were co-defendants, Patrick Lamar and Jermaine Curry.”
Show all 82 citing cases →
La. Rev. Stat. § 14:37.4(0): 1 case
State v. Boutte, 65 So. 3d 793 (La. Ct. App. 2011). “R.S. 14:37.4, and bail jumping in violation of La.”
La. Rev. Stat. § 14:37.4(A): 8 cases
State v. Williams, 236 So. 3d 604 (La. Ct. App. 2017). “7 (count 2); and aggravated assault with a firearm, a violation of LSA-R.S. 14:37.4 (count 3). The defendant pled not guilty to the charges and, following a jury trial, was found not guilty on count 1 (false imprisonment) and guilty as charged on counts 2 and 3.”
State v. Boutte, 65 So. 3d 793 (La. Ct. App. 2011). “R.S. 14:37.4, and bail jumping in violation of La.”
State v. Mollerberg, 260 So. 3d 599 (La. Ct. App. 2018).
State v. Mollerberg, 260 So. 3d 599 (La. Ct. App. 2018).
State of Louisiana Versus Juan C Romero (La. Ct. App. 2024).
La. Rev. Stat. § 14:37.4(B): 2 cases
State v. Washington, 219 So. 3d 1221 (La. Ct. App. 2017). “R.S. 14:37.4 (count three); and aggravated criminal damage to property in violation of La.”
State of Louisiana v. Jeffery Turner (La. Ct. App. 2023).
La. Rev. Stat. § 14:37.4(C): 5 cases
State v. Turner, 131 So. 3d 106 (La. Ct. App. 2013). “R.S. 14:37.4. Also charged in the same bill of information were co-defendants, Patrick Lamar and Jermaine Curry.”
State v. Fomond, 921 So. 2d 1103 (La. Ct. App. 2006).
State v. Payne, 262 So. 3d 498 (La. Ct. App. 2019).
State of Louisiana Versus Roylynn Powell (La. Ct. App. 2024).
State v. Payne, 262 So. 3d 498 (La. Ct. App. 2019).
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