What Is Assault & Battery?
Assault in Nevada is defined as “an attempt to cause physical injury to another person.” An assault can occur in many different situations. For example, throwing a shoe at someone can be considered assault. It doesn’t matter if the shoe hits the victim – what matters is whether the victim reasonably believed there was an impending act of violence or whether the victim reasonably felt afraid of an act of violence.
Words alone do not constitute an assault. So calling someone a name is not enough to be charged with assault. However, if the offender takes a menacing act towards the victim, while calling the victim names, that can be enough for an assault charge. For example, if an offender calls someone a bad name and raises his fist toward the victim, that could be enough to be charged with assault.
Battery in Nevada is defined as “the intentional infliction of physical force against another person.” The easiest example of a battery is punching, hitting or shoving someone.
What Are The Penalties If I Am Charged With Assault Or Battery?
An assault or battery can be a misdemeanor or a felony in Nevada, depending on the circumstances and the victim of the crime.
The maximum penalties for assault or battery could include 2 years to life in prison up to $10,000 and a felony record for each conviction of assault or battery.
Penalties can be enhanced if an offender is charged with assault with a deadly weapon or if the assault was committed due to a victim’s race, religion, sexual orientation or other special characteristics of the victim.
Battery charges can also carry enhanced penalties depending on the circumstances. A battery with intent to kill is a category B penalty and punishable by 2 to 20 years in prison. Battery with intent to commit sexual assault that also results in substantial bodily harm or is committed by strangulation is a Category A, punishable by life in prison with the possibility of parole or life in prison with the possibility of parole after a minimum of ten years served, to be determined by a jury, and a fine up to $10,000.
How Can I Defend Myself Against Assault Or Battery Charges?
First and foremost you should hire a knowledgeable Assault & Battery Defense Lawyer who can prepare a strategic defense against these allegations. Common defenses to Assault & Battery charges include:
1. Self-defense: Often the victim may have threatened or even assaulted the defendant first. It may be that the defendant's actions were justified due to the aggressive actions of the victim and actually, the defendant reacted due to his own reasonable fear of an imminent battery.
2. Defense of others: This defense is similar to that of self-defense. If you are acting to protect an innocent bystander such as a child from the actions of the victim, you may be able to invoke the defense of “defense of others.”
3. False accusations: This happens frequently in domestic violence cases. It is not uncommon, especially when parties are going through a divorce or custody battle, for someone to try to gain the upper hand by making a false allegation of domestic violence. In this case, a good lawyer can cross-examine the witnesses against you, secure witnesses in your favor, and work to discredit the prosecution's evidence.
Other defenses to assault and battery charge can include claims of insufficient evidence and mistaken identity.
Why Should I Hire You For My Assault & Battery Case?
Having an assault or battery conviction on your record can ruin your life. It could affect your ability to have custody of your children, work around child or obtain gainful employment in other fields. It can also affect your ability to purchase or lease a residence or even travel.
It cannot be understated that having a knowledge, experienced and qualified assault & battery defense attorney on your side is imperative. At Rosenblum Law Offices, we strive to obtain the best possible outcome for each client and that includes dismissal or acquittal. Our assault & battery defense lawyers have tried several cases to verdict and we are led by a former prosecutor who has specialized training in assault & battery cases.
For a free legal consultation on the details of your case, do not hesitate to call us at (702) 433-2889 or fill out our on-line form for more information.