Las Vegas Assault Attorney
Related Practice Areas
Contact Us
Assault & Battery Defense In Clark County
Assault vs Battery Charges in Nevada
Assault charges in Las Vegas require for there to be an intention to cause harm qualifies as an assault charge. Furthermore, assault involves threats that make a person feel less safe and fear for their well-being. However, in order for an assault charge to be valid, the threat must coincide with action, such as raising a fist or holding an object. On the other hand, if an individual actually injures a victim, the charge becomes battery. Essentially, physical contact of any kind constitutes battery. Battery charges in Nevada also include sexual crimes like rape or child molestation.
Regardless of if you’ve been charged with assault or battery, it’s important to understand that both crimes can be felonies or misdemeanors, depending on the nature of the offense. If you’re facing these charges you must consult with an experienced Las Vegas battery defense attorney as soon as possible. If convicted, your life can be altered forever. There are many different types of offenses that you can be charged with including the following:
- Simple battery (misdemeanor battery)
- Domestic battery
- Battery with a deadly weapon
- Battery with substantial bodily harm
As mentioned earlier, battery is defined as any willful and unlawful use of force or violence upon the person of another. However, under the Nevada state law, NRS 200.481, certain professionals are specifically protected and a battery offense made against these protected classes of people will enhance the penalties for battery and can make the charges against you much worse. Those special professionals that are protected under this law include:
- Police officers
- Firefighters
- Corrections Officers
- Taxicab drivers
- Health care providers
- School employees
- Judges
Battery is any willful and unlawful use of force or violence upon the person of another. Nev. Rev. Stat. § 200.481(1)(a). The classification of the offense—whether it is a misdemeanor, a category C felony, or a category B felony—depends on additional facts identified in § 200.481(2). The facts that determine whether the battery is a felony and, if so, the category of felony, include how the battery was committed (with or without a deadly weapon, or by strangulation); whether the battery was committed upon a person in a protected class of employment (a law enforcement officer, for example); the extent of any physical injury to the victim; and the defendant’s status as a probationer or prisoner. § 200.481(2). If the battery does not involve any of those facts, the offense is a misdemeanor. § 200.481(2)(a). But, for example, if the battery results in substantial bodily harm to the victim, the offense is a category C felony. § 200.481(2)(b)
It’s very important that you contact a skilled Las Vegas assault lawyer if you’ve been accused of battery against any of the above professionals. Due to the enhanced penalties of a battery charge on protected professionals, you must take every opportunity to limit the consequences handed down in court. Without aggressive representation, you could face the maximum penalties for this crime which can significantly alter your life. To learn more about how we can help, contact the Spartacus Law Firm today for a consultation.
Misdemeanor Assault Penalties In Nevada
According to NRS 200.471, assault is an attempt to cause physical injury to another person. The statute of Nevada defines an assault as an unlawful attempt, coupled with a present ability, to commit a violent injury upon the person of another. For example, swinging with the intent to punch someone but missing. Assault can also be categorized as any intentional act or threat of action that reasonably causes a person to feel afraid of impending violence. It’s important to understand that words alone do not constitute assault, however, if an offender combines threatening words with a threatening action like raising a fist, they may be charged with assault.
Additionally, domestic assault is a misdemeanor unless this is the defendant’s third domestic violence conviction within the last 7 years, in which case it becomes a Category C felony, and a skilled Las Vegas assault and battery attorney will be needed in order to have a chance of mitigated penalties. The penalties for standard misdemeanor assault are a range of jail time and fines. But each case is different, and the specific circumstances of your assault and battery charge can impact the consequences handed down. Those convicted of standard misdemeanor assault will face up to 6 months in jail, community service, and up to $1,000 in fines. However, if the misdemeanor assault was committed against a protected class member like a police officer, then the defendant could face up to 364 days in jail, community service, and a fine of up to $2,000. Misdemeanor domestic assault charges are punishable in a similar manner but depend on whether it is a first or second offense. The penalties for each of these offenses are found below:
1st Misdemeanor Domestic Assault Offense
- 2 days to 6 months in jail
- 48-120 hours of community service
- $200-$1,000 in fines
2nd Misdemeanor Domestic Assault Offense
- 10 days to 6 months in jail
- 100-200 hours of community service
- $500-$1,000 in fines
Felony Assault Penalties In Nevada
Defenses To Assault and Battery Charges In Nevada
Defenses To Assault Charges In Nevada
- 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
Defenses To Battery Charges In Nevada
- Self-defense
- Unintentional contact
- Normal contact under the circumstances
Nevada Self-Defense Laws
For assault and battery cases, self-defense is the most common defense deployed to defend the accused. However, in order to prove that the battery in question was an instance of self-defense, you must show that you felt a genuine fear of harm, the threat of unlawful force and that there was no way of escaping the assault without defending yourself. Nevada law allows those in this situation to fight back in self-defense against such crimes as assault and battery, sexual crimes, home invasion, and attempted murder. There are two main principles that must be present for self-defense to be considered lawful.
- There is a reasonable belief that the aggressor poses an immediate threat
- The individual inflicts no more force than necessary to resist the aggressor’s threat
Killing In Self Defense
Killing someone in self-defense in the state of Nevada is justifiable only if it is reasonably necessary to prevent the threat of death or serious bodily harm. Because Nevada is a “stand your ground” state, there is no “duty to retreat” requirement before killing in self-defense as long as the person fighting back:
- Is not the original aggressor
- Has a right to be in the place where deadly force is used
- Is not engaging in criminal activity
Frequently Asked Questions
Should I Hire A Las Vegas Assault Defense Attorney?
Regardless of the type of assault and battery charges alleged against you, you must work with a qualified Las Vegas assault defense attorney to increase the likelihood of an optimal outcome. A skilled and aggressive lawyer will scrutinize the evidence, challenge the prosecution’s version of events, and investigate the police work in your case, searching for grounds to raise doubt about the assault and battery charges. No stone will go unturned in your case as we seek any and all defense opportunities including:
- Self-defense
- Defense of third parties
- Defense of your property
- Lack of intent to cause harm
- Lack of immediate harm resulting
- Provocation by the alleged victim
When Is Self-Defense Legal In Nevada?
Nevada is a “stand your ground” state, which means that the state gives victims the option of fighting back in self-defense even if they have the opportunity to run away and avoid the conflict. In order for self-defense to be justified, it must be reasonable to be lawful. Nevada law permits the use of force in self-defense in situations where:
- The non-aggressor reasonably believes they are facing an urgent or pressing threat or bodily harm
- The non-aggressor uses no more physical force than necessary to deflect the threat
What Class Felony Is Assault With A Deadly Weapon?
Assault with a deadly weapon in Nevada occurs when using a gun, knife, or another lethal object to place a person in reasonable or immediate bodily harm. It’s important to remember n individual doesn’t need to have used the weapon to cause harm; even having the weapon in reach can qualify as an assault with a deadly weapon. Since assault is an intent crime in Nevada, the defendant can only be convicted if he/she intends to cause someone else to feel the apprehension of being battered. If convicted, penalties for this crime include a category B felony, punishable by one to six years in prison and/or a fine up to $5,000. However, it’s possible to reduce this charge to battery, which will result in a misdemeanor charge, by taking a plea bargain. To do so, it’s critical to have an experienced Las Vegas assault defense attorney by your side to negotiate on your behalf and present your defense.
The Nevada Supreme Court has held that a district court may not enhance a primary substantive offense under more than one enhancement statute. For example, a primary substantive offense cannot be enhanced based on both the use of a deadly weapon under Nev. Rev. Stat. § 193.165 and the victim’s age under Nev. Rev. Stat. § 193.167. Similarly, a primary substantive offense cannot be enhanced based on both the use of a deadly weapon under Nev. Rev. Stat. § 193.165 and the defendant’s status as a habitual criminal under Nev. Rev. Stat. § 207.010.
Nev. Rev. Stat. § 200.481 provides that battery is a felony if certain facts have been shown in addition to a willful and unlawful use of force or violence upon the person of another. When the primary offense statute provides different classifications of the offense based on certain facts, nothing in the Nevada Supreme Court’s prior decisions prevents the district court from also applying a separate enhancement statute. This is true regardless of whether the additional facts addressed in the primary offense statute are characterized as an element of the primary offense or as a fact only relevant to sentencing. Whether characterized as an element of the offense or a sentencing factor, the additional facts are part of the primary offense statute, not a separate enhancement statute.