Assault and Battery
The difference between assault and battery is that assault can be one person threatening to strike another person where battery is the actual striking of one person by another person. There are five common forms of battery:
- Simple battery (misdemeanor battery)
- Battery constituting domestic violence
- Battery with a deadly weapon
- Battery with substantial bodily harm
According to Nevada state law, NRS 200.481, battery is defined as any willful and unlawful use of force or violence upon the person of another. Battery can occur against another adult (18 years of age or older) or a minor (anyone under 18 years of age).
Under the Nevada code certain professionals are specifically protected and a battery offense made against these protected classes of people will increase the penalties for battery:
- Police officers
- Corrections Officers
- Taxicab drivers
- Health care providers
- School employees
Make sure you contact a lawyer if you have been accused of battery against any of the above people because the consequences of the battery charge can increase significantly due to the protected status these professional have in the Nevada code.
Cases of battery that include minors are considered child abuse and those cases come with a different line of punishment. Consult an attorney for a full explanation concerning the penalties for battery charges in Nevada.
Las Vegas Assault and Battery Attorney
A criminal defense attorney can help you defend yourself against assault and battery charges. Call the Office of Joel M. Mann at (702) 474-6266 if you are charged with assault or battery. He can explain your options and together you can resolve the case in a manner that will lessen the damage to your criminal record and your life.
Definitions for Battery Terms
Simple battery - defined as non-consensual harmful contact, regardless of the injury involved.
Domestic violence battery - defined as non-consensual harmful contact, regardless of the injury caused by people related to each other.
Battery with a deadly weapon - defined as non-consensual contact with the use of a weapon, like a knife, gun, baseball bat or other instrument that can inflict substantial bodily harm.
Battery with substantial bodily harm - defined as non-consensual harmful contact that results in the loss of a limb or other type of permanent disfigurement and results in a serious felony grade offense.
Nevada Penalties for Battery
|Types of Battery||Category of Offense||Punishment Range|
|Simple Battery||Misdemeanor||6 months in jail and/or a $1000 fine.
Community service can be given instead of jail time.
|Battery Constituting Domestic Violence*||Misdemeanor||6 months in jail and/or a $1000 fine.
Community service can be given instead of jail time.
|Battery with a deadly weapon||Felony - Category B||
2-10 years imprisonment and a possible $10,000 fine. with no substantial bodily harm.
2-15 year with substantial bodily harm
|Battery with substantial bodily harm||Felony - Category C||1-5 years imprisonment and a possible $10,000 fine.|
*Only the first two domestic violence offenses are considered misdemeanors.
Defenses to Assault and Battery Charges
An assault occurs when a person is put in apprehension or fear of imminent bodily contact.
Defenses to Assault include:
- There was no reasonable indication that the actions would be considered offensive
- The assault occurred out of self-defense
- The victim consented to the assault
- There was no intent to cause injury.
A battery is when a person is subjected to an unwanted offensive touching.
The defenses to Battery include:
- Self defense
- Unintentional Contact (ex: accident)
- Normal Contact Under the Circumstances (ex: if you brush against someone at a crowded concert venue. There is a reasonable expectation that some contact will occur if people are standing in a crowded area.)
It is best to contact a Las Vegas criminal defense attorney and lay out the facts of your case. Depending on the circumstances, your lawyer will come up with a defense that puts the assault or battery in the best light before the court.
How a Las Vegas Battery Attorney can help
A Las Vegas battery attorney can help anyone arrested and charged with battery in one or more of the following ways:
- Dealing with law enforcement and prosecutors on your behalf
- Come into a case at any stage and prepare for the trial representation
- Make every effort to resolve your case without a trial through dismissal
- Find a way to have the charges reduced through plea bargaining
- Find any alternative to sentencing medium
Contact a Las Vegas attorney to find out if there are additional ways an attorney can help you with your assault and battery case.
Anger Management Resource Directory – Provides videos, therapists and other resources to help people deal with anger issues.
Nevada Revised Statutes Chapter 200 – Detailed definitions of crimes along with penalties for crimes such as assault and battery and other crimes committed against the person.
Law Office of Joel M. Mann | Las Vegas Assault Defense Attorney
If you are accused of assault and battery charges in the Las Vegas area, contact the Law Office of Joel M. Mann for a free legal consultation. Joel Mann is a knowledgeable Las Vegas Defense Attorney who is dedicated to working for a resolution in your assault and battery case. Call (702) 474-6266 today.