Assault and Battery Lawyers Serving Las Vegas, Nevada

Assault and battery are sometimes thought as the same offense, but they are separate offenses. Regardless of the differences between the two, they both hold substantial penalties and bring forth an undesirable social stigma that can haunt the person charged of the crime for a long time.

Difference Between Assault and Battery

Assault is the unlawful attempt of physical force on another person or the intentional placement of another person in harms way or the way of immediate bodily harm.

Battery is any willful or unlawful force of violence on another person.

Essentially, assault is threatening to strike someone while battery is actually striking him or her.

Understanding Assault

Assault can be verbal or physical and does not require physical contact. The elements of assault include intent, fear, and reasonable apprehension. Examples of assault include making threatening gestures, pointing a gun, or threatening to harm someone. Penalties for assault vary depending on the severity of the crime, but can range from fines to imprisonment. In cases where a deadly weapon is involved, the penalties can be even more severe.

Consequences of Assault Charges

For assault, you are looking at a misdemeanor charge if there was no use of a deadly weapon. This is called simple assault. But, that charge still comes with hefty penalties and is something you want to avoid at all costs.

If you are charged and convicted of simple assault on another person, you can face serious penalties, such as:

• Six months in a county jail
• Up to a $1,000 fine
• Community service

Furthermore, there are some people who are in a special protected class that will increase the penalties for an assault charge. Under NRS 200.481, these people are police officers, health care providers, taxi cab drivers or transit operator, corrections officers, judges, firefighters, school employees, and sports officials. If you assaulted any of these protected class, you will face gross misdemeanor charges instead:

• Up to 364 days in jail, and/or
• Up to $1,000 fine

Lastly, if the charges you are facing is assault with a deadly weapon, even if you did not actually use it but had access to it, you will be facing a category B felony:

• 1 – 6 years in prison
• Up to $5,000 in fines

Defending Against Assault Charges

Being charged with an assault crime can change your life, and, in addition to other punishments, you’ll receive a permanent mark on your criminal record, which will make it more difficult for you to get a job, get accepted into the colleges of your choice or obtain a professional license.

The first step to successfully fighting assault charges against you is to retain a confident, experienced criminal defense attorney. The Defenders will thoroughly investigate your case to look for false allegations or arrest, and work with you to develop a strong strategy that will stand up in court. We have successfully defended numerous assault cases in the Nevada court system and will bring our knowledge and expertise to the table in your case.

Our goal is to do everything possible to get the charges against you dismissed or reduced. Don’t wait for the courts to find you guilty of assault. Call The Defenders today for a consultation to discuss the charges against you.

We understand there may be extenuating circumstances in your case that led to the charges against you. We are committed to thoroughly investigating your case to look for possible false allegations or other grounds to have the charges dismissed or reduced. The Defenders will work hard to give your case the time and attention it deserves, and will do what it takes to help you prevail in court. You don’t have to let assault charges ruin your life.

Contact The Defenders today for a consultation.

Understanding Battery

Under Nevada law, battery is defined as using willful, violent physical contact against another person or anything closely connected to that person.

While assault does not require physical contact be made for charges to be filed, battery does – intentional infliction of physical force against another person.

However, the “physical contact” needed to file a battery charge is not as severe as one might think. You can be charged with battery if you merely touch someone’s clothes in a rude or disrespectful manner.

Penalties for Battery Charges

Battery can bring forth a misdemeanor or felony charge, depending on the seriousness of the offense. Regardless, both will bring forth heavy penalties and possible jail time along with a criminal record, which can affect you in your day-to-day life, possible employment, and can even affect schooling.

For a misdemeanor battery charge, you are looking at the following penalties:

• Up to a $1,000 fine
• Up to six months in a county jail
• Community service

Just like assault charges, this gets elevated to a gross misdemeanor if the victim was a member of a protected class.

For a felony battery charge, you will be facing the following penalties:

• Significant fines ranging from $2,000 to $10,000
• Imprisonment for one to 15 years depending on the circumstances surrounding the crime

Any kind of battery where strangulation was used or when substantial bodily injury occurred without the use of a deadly weapon will be guilty of a Category C felony and:

• One to five years in a State Prison
• Fines no more than $15,000

Self-Defense: Most Common Defense Against Assault & Battery

Assault and battery cases are complex and always unique, varying widely based on the circumstances of the situation. While the most common defense used in these cases is self-defense, proving it can be a difficult task.

To prove that it was self-defense, one must demonstrate that they felt genuine fear, that they faced an imminent threat of unlawful force, and that there was no way to escape the assault. If these criteria are met, the defendant may be able to avoid punishment.

However, time is of the essence in such cases and acting quickly to gather evidence and testimony is essential to a successful defense. Understanding the subtleties of assault and battery cases is critical to navigating the criminal justice system and ensuring a fair outcome.

If you, or someone you know, is facing an assault and battery charge, it’s important to contact a qualified criminal defense attorney right away. An experienced lawyer can help you protect your rights and build the strongest possible case for your defense.  With a skilled defender on your side, you may be able to get a favorable outcome in court or even have your charges dismissed altogether.

Frequently Asked Questions

What is the difference between assault and battery?

Assault and battery are often thought to be the same offense, but they are actually separate offenses. Assault is the act of threatening someone with physical harm, while battery involves actually causing physical harm to another person. Essentially, assault is threatening to strike someone while battery is actually striking him or her.

What are the legal consequences of being charged with assault or battery?

The legal consequences of assault and battery charges can vary depending on the severity of the crime. In cases where a deadly weapon is involved, the penalties can be even more severe. Penalties for assault can range from fines to imprisonment, while battery charges can bring forth heavy penalties and possible jail time along with a criminal record, which can affect you in your day-to-day life, possible employment, and can even affect schooling.

Can self-defense be used as a valid excuse for committing assault or battery?

Self-defense can sometimes be used as a valid defense against assault or battery charges, but it depends on the specifics of each individual case. It’s important to speak with an experienced criminal defense attorney who can evaluate the details of your situation and determine if self-defense can be used in your case.

What evidence is needed to prove assault or battery in court?

To prove assault or battery in court, evidence such as eyewitness accounts, medical records, and surveillance footage may be used. It’s important to work with a skilled criminal defense attorney who can help gather and present evidence that supports your case.

Can someone sue for damages caused by assault or battery?

Yes, it’s possible to sue for damages caused by assault or battery. A civil lawsuit can be filed that seeks financial compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the assault or battery.

What is assault with a deadly weapon?

In Nevada, this is defined as assault using a gun, knife or lethal object to place a person in reasonable or immediate bodily harm.

What class felony is assault with a deadly weapon?

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. It is possible for this charge to get brought down to a simple battery, which will result in a misdemeanor charge, by taking a plea bargain.

How long does someone have to file a lawsuit for assault or battery?

The statute of limitations for filing an assault or battery charge varies depending on the situation. You should contact an experienced attorney who can help you understand your rights and build a strong case. Generally speaking, in Nevada, most felonies have a statute of limitations of three years, while gross misdemeanors usually have two, and standard misdemeanors have one.

What steps can someone take to defend themselves against assault or battery charges?

The first step to defending against assault or battery charges is to retain an experienced criminal defense attorney. They will thoroughly investigate your case to look for false allegations or arrest, and work with you to develop a strong strategy that will stand up in court. It’s important to take action quickly to protect your rights and minimize the impact on your life.