Battery with Substantial Bodily Harm Charges in Las Vegas
Where a battery or domestic battery results in substantial bodily harm, the battery can be charged as a felony in the State of Nevada. See NRS 200.485(2); NRS 200.481(2)(b).
NRS 200.060 defines substantial bodily harm as “[b]odily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or … [p]rolonged physical pain.”
Las Vegas Battery Causing Bodily Harm Lawyer
If you are charged with any serious felony crime of domestic violence then contact an experienced criminal defense attorney at the Law Office of Joel M. Mann. Attorney Joel Mann represents clients charged with all forms of battery, including felony charges for committing battery or domestic violence battery causing substantial bodily harm throughout Clark County including Las Vegas, North Las Vegas, and Henderson, Nevada. Call (702) 474-6266 today to discuss your case.
What Constitutes “Prolonged Physical Pain”?
The courts have stated that “the phrase ‘prolonged physical pain’ must necessarily encompass some physical suffering or injury that lasts longer than the pain immediately resulting from the wrongful act.” Collins v. State, 125 Nev. 60, 64, 203 P.3d 90, 92–93 (2009).
“In a battery, for example, the wrongdoer would not be liable for ‘prolonged physical pain’ for the touching itself. However, the wrongdoer would be liable for any lasting physical pain resulting from the touching.” Id. at 64 n. 3, 203 P.3d at 93 n. 3.
One of the most highly contested issues in these cases is whether the contact rises to the level of a felony, especially when only prolonged physical pain is alleged. Without that allegation, the charge is a misdemeanor with dramatically less serious penalties and punishments.
A domestic battery case can also be charged as a felony when it is alleged that the battery caused strangulation or suffocation.
Penalties for Battery Resulting in Substantial Bodily Harm
Normally, a battery is a misdemeanor unless there is substantial bodily harm or a deadly weapon is used. When it is alleged that the battery caused substantial bodily harm then the charge is a felony. The possible penalties and punishments depend on a host of factors including whether a deadly weapon was used.
Under Nevada law the following penalties apply:
- If the Battery or Domestic Violence Battery resulted in substantial bodily harm (and no deadly weapon was used), then the crime is classified as a Category C Felony with a potential penalty of 1-5 years in prison and a mandatory fine of $10,000.
- If the Battery or Domestic Violence Battery resulted in substantial bodily harm with a deadly weapon being used, then the crime is classified as a Category B Felony with a potential penalty of 1-15 years in prison and a mandatory fine of $10,000.
Finding a Defense Attorney for Battery with Substantial Bodily Harm
If you are charged with battery causing substantial bodily harm, contact an experienced criminal defense attorney. Attorney Joel M. Mann is experienced representing clients, both men and women, charged with violent crimes including battery and domestic battery. Particularly for felony crimes of violence, it is important to retain an experienced attorney who can aggressively fight the criminal charges.
Important defenses exist to fight the charges. Call the Law Office of Joel M. Mann at (702) 474-6266 to discuss the particular facts of your case and learn more about strategies for your best defense.