ASSAULT AND BATTERY
ASSAULT AND BATTERY
ASSAULT AND BATTERY CHARGES
Criminal Defense
The key distinction between assault and battery lies in the nature of the act.
Assault refers to the intentional act of making another person reasonably fear an imminent harmful or offensive contact. It can occur through threats, gestures, or actions that create the anticipation of being harmed, even if no physical contact takes place. In contrast,
battery involves the actual physical contact, where one person intentionally strikes or touches another in a harmful or offensive manner without their consent. Essentially, assault is about the threat of harm, while battery involves the act of causing harm.
ASSAULT AND BATTERY CHARGES
Criminal Defense
The key distinction between assault and battery lies in the nature of the act.
Assault refers to the intentional act of making another person reasonably fear an imminent harmful or offensive contact. It can occur through threats, gestures, or actions that create the anticipation of being harmed, even if no physical contact takes place. In contrast,
battery involves the actual physical contact, where one person intentionally strikes or touches another in a harmful or offensive manner without their consent. Essentially, assault is about the threat of harm, while battery involves the act of causing harm.
Battery Charges in Nevada
According to Nevada state law, NRS 200.481, battery is defined as the willful and unlawful use of force or violence upon another person. This offense can be committed against both adults (18 years or older) and minors (under 18 years old).
Nevada law provides enhanced protections for certain professionals. If a battery is committed against individuals within these protected classes, the penalties may be significantly increased. These protected groups include:
Law enforcement officers
Healthcare workers, such as doctors, nurses, or emergency medical technicians
School employees, including teachers and administrators
Judges and court officials
Public transit employees
First responders, such as firefighters
If you have been accused of battery against any of the protected individuals mentioned above, it is crucial to consult a lawyer immediately. The consequences of a battery charge can increase significantly due to the special protections these professionals have under Nevada law.
Additionally, if the battery involves a minor, the charge may be classified as child abuse, which carries a separate and more severe set of penalties. To fully understand the potential legal ramifications and the penalties associated with battery charges in Nevada, it is essential to seek expert legal advice.
Defenses to Assault and Battery Charges in Nevada
An assault occurs when a person is intentionally placed in reasonable apprehension or fear of imminent harmful or offensive bodily contact.
No Reasonable Indication that the Actions Would Be Considered Offensive: If the actions were not likely to cause a reasonable person to fear imminent harm, it may not meet the legal definition of assault.
The Assault Occurred Out of Self-Defense: If the accused was acting in self-defense to protect themselves from an imminent threat of harm, it could serve as a valid defense against an assault charge.
The Victim Consented to the Assault: In certain situations, if the victim voluntarily consented to the action, it may not constitute an assault.
There Was No Intent to Cause Injury: For an assault charge to stand, there typically needs to be intent to cause harm or to place the victim in fear of harm.
A battery is when a person is subjected to an unwanted offensive touching.
Self-Defense: If the accused was acting in self-defense, the contact may be justified.
Unintentional Contact (e.g., accident): If the contact was unintentional and occurred accidentally, it may not qualify as battery.
Normal Contact Under the Circumstances (e.g., brushing against someone at a crowded concert venue): In situations where normal contact is expected, such as in a crowded public place, it is generally not considered battery.
Definitions for Battery Terms
Criminal Defense
Simple Battery (Misdemeanor Battery): The unlawful use of force or violence against another person, resulting in minor or no injury.
Battery Constituting Domestic Violence: Battery committed against a family member, spouse, partner, or someone with a close personal relationship.
Battery with a Deadly Weapon: Involves the use of a weapon or object capable of causing serious injury or death during the battery.
Battery with Substantial Bodily Harm: Involves inflicting significant physical injuries on the victim, such as broken bones, disfigurement, or other severe harm.
Definitions for Battery Terms
Criminal Defense
Simple Battery (Misdemeanor Battery): The unlawful use of force or violence against another person, resulting in minor or no injury.
Battery Constituting Domestic Violence: Battery committed against a family member, spouse, partner, or someone with a close personal relationship.
Battery with a Deadly Weapon: Involves the use of a weapon or object capable of causing serious injury or death during the battery.
Battery with Substantial Bodily Harm: Involves inflicting significant physical injuries on the victim, such as broken bones, disfigurement, or other severe harm.
Penalties for Battery Charges
Criminal Defense
Simple Battery (Misdemeanor):
The penalty may include up to six months in jail and/or a fine of up to $1,000. Alternatively, community service can be assigned in place of jail time.Battery Constituting Domestic Violence (Misdemeanor):
Similar to simple battery, this offense can result in up to six months in jail and/or a fine of up to $1,000. Community service may also be an option instead of jail time.Battery with a Deadly Weapon (Felony – Category B):
If no substantial bodily harm is caused, this offense carries a prison sentence of two to ten years and a possible fine of up to $10,000. If substantial bodily harm is inflicted, the sentence increases to two to fifteen years in prison.Battery with Substantial Bodily Harm (Felony – Category C):
This offense carries a prison sentence of one to five years and a possible fine of up to $10,000.
Penalties for Battery Charges
Criminal Defense
Simple Battery (Misdemeanor):
The penalty may include up to six months in jail and/or a fine of up to $1,000. Alternatively, community service can be assigned in place of jail time.Battery Constituting Domestic Violence (Misdemeanor):
Similar to simple battery, this offense can result in up to six months in jail and/or a fine of up to $1,000. Community service may also be an option instead of jail time.Battery with a Deadly Weapon (Felony – Category B):
If no substantial bodily harm is caused, this offense carries a prison sentence of two to ten years and a possible fine of up to $10,000. If substantial bodily harm is inflicted, the sentence increases to two to fifteen years in prison.Battery with Substantial Bodily Harm (Felony – Category C):
This offense carries a prison sentence of one to five years and a possible fine of up to $10,000.
Why Do I Need A Lawyer?
Shimer Zach
It is best to contact a Las Vegas criminal defense attorney and lay out the facts of your case. Depending on the circumstances, your lawyer will come up with a defense that puts the assault or battery in the best light before the court.
TRUSTED
Dealing with law enforcement and prosecutors on your behalf
EXPERIENCE
Come into a case at any stage and prepare for the trial representation
LEGAL
Make every effort to resolve your case without a trial through dismissal
LOW COST
Find a way to have the charges reduced through plea bargaining
Our Attorney
Our Team
Our attorney specializes in defending against assault charges, providing aggressive representation to protect your rights. With extensive experience in assault cases, we carefully analyze the evidence, challenge false accusations, and work to achieve the best possible outcome, whether through dismissal, reduction of charges, or a favorable verdict.
terry jones zach
Senior Partner/Owner
john shimer
Senior Partner/Owner
Testimonials
What Our Client Say
"This law office is by far the best in las vegas. I was facing some serious charges license being possibly suspended/revoked and 9 points on my driving record. i contacted them and their staff was very understanding and compassionate and ready to take on my case. After meeting John and his staff they started working on my case immediately to give me the best possible out come to fix the situation. Finally after everything was said and done i have a clean driving record again with no points and my life is back to normal. I am very great full and thankful for everything they have done for me including the exceptional service that was provided to me throughout this whole process. Thank you for everything." - Courtney Clark
Bripabz Bartolome
John Shimer and his firm have to be the best DUI and Traffic lawyer in Las Vegas. He goes above and beyond! He listens and cares. He takes the pain out of your already bad situation as much as possible and does his best to get the best result possible based on your situation.
kevin carmona
I had an incredible experience with Shimmer Zach. Their expertise and dedication ensured a smooth and successful outcome for my case. They were professional, attentive, and always available to answer my questions. Highly recommend their services, they over deliver!
erica chang
Smooth and professional!! Everything was so easy and to the point, I barely had to do anything and they took care of everything for me! Highly recommended!!
Testimonials
What Our Client Say
"This law office is by far the best in las vegas. I was facing some serious charges license being possibly suspended/revoked and 9 points on my driving record. i contacted them and their staff was very understanding and compassionate and ready to take on my case. After meeting John and his staff they started working on my case immediately to give me the best possible out come to fix the situation. Finally after everything was said and done i have a clean driving record again with no points and my life is back to normal. I am very great full and thankful for everything they have done for me including the exceptional service that was provided to me throughout this whole process. Thank you for everything." - Courtney Clark
Bripabz Bartolome
John Shimer and his firm have to be the best DUI and Traffic lawyer in Las Vegas. He goes above and beyond! He listens and cares. He takes the pain out of your already bad situation as much as possible and does his best to get the best result possible based on your situation.
kevin carmona
I had an incredible experience with Shimmer Zach. Their expertise and dedication ensured a smooth and successful outcome for my case. They were professional, attentive, and always available to answer my questions. Highly recommend their services, they over deliver!
erica chang
Smooth and professional!! Everything was so easy and to the point, I barely had to do anything and they took care of everything for me! Highly recommended!!
FOLLOW US!
LAS VEGAS OFFICE
OFFICE HOURS
LEGAL
FOLLOW US!
LAS VEGAS OFFICE
OFFICE HOURS
LEGAL
© 2024 Law Offices of Shimer Zach. All Rights Reserved
DISCLAIMER:
Everything displayed on this site shall be regarded as general advertising and educational information and in no way should it be interpreted as legal advice. This does not create an attorney-client relationship. You should contact an attorney directly regarding your own situation. An attorney-client relationship will only be established after you hire us and we have established that there is no conflict of interest.
© 2024 Law Offices of Shimer Zach. All Rights Reserved
DISCLAIMER:
Everything displayed on this site shall be regarded as general advertising and educational information and in no way should it be interpreted as legal advice. This does not create an attorney-client relationship. You should contact an attorney directly regarding your own situation. An attorney-client relationship will only be established after you hire us and we have established that there is no conflict of interest.