Defining Assault and Battery
We usually hear assault and battery used together and interchangeably but, under Nevada law, the terms have unique meanings:
Under Nevada law (NRS 200.471), Assault is defined as:
“Unlawfully attempting to use physical force against another person; or intentionally placing another person in reasonable apprehension of immediate bodily harm.”
Battery is defined as (NRS 200.481):
“Battery means any willful and unlawful use of force or violence upon the person of another.”
While the terms are very similar, the difference is that assault does not require physical touch, while battery does. Assault can take place, if the victim is in “reasonable apprehension of immediate bodily harm,” even if you didn’t intend it. Battery is the actual use of force upon another person.
Punishments Associated with Assault and Battery
While the crimes are different, the punishments are similar.
For simple assault, that is, no deadly weapon is used; it is considered a misdemeanor, resulting in a penalty of up to six months in jail and/or a fine of up to $1,000. For simple battery, defined as, no deadly weapon used, and the victim suffered no substantial bodily harm, it is also considered a misdemeanor, which carries the same punishment.
However, the punishments ramp up considerably as the severity of the crime increases. If a deadly weapon was used in an assault, it is considered a Category B felony punishable by one to six years in State Prison and/or fine of up to $5,000.
If a deadly weapon is used in a battery, without substantial bodily harm to the victim, it is also considered a Category B felony, but the punishment is two to 10 years in state prison and up to $10,000 fine. If the battery results in substantial bodily harm, or strangulation was used in the commission of the battery, it is considered a Category B felony, with two to 15 years in state prison and up to $10,000 fine.
These are the minimum punishments associated with assault and battery crimes and additional punishments are set forth in the statute if the crime was committed upon an “officer,” provider of health care, taxicab driver, or school employee, or if the assault or battery occurred during the commission of another crime, such as robbery, sexual assault, or murder.
The Defenders will Provide a Strenuous Defense
If you have been charged with either assault or battery, call The Defenders today. There are many conditions to be considered which resulted in the charge. There may be mitigating circumstances that could lead to a reduced charge or even dismissal. Call us today to discuss your case at (702) 333-3333.