Las Vegas Assault and Battery Attorney
Assault and battery are both criminal offenses in Nevada. The most common way to commit battery is by touching someone against their will. In contrast, assault can be committed verbally or through threats of physical harm. Battery is the actual act of committing an assault. Assault and battery are often charged together because they usually occur together.
The Definition of Assault and Battery in Nevada Includes a Wide Range of Behaviors that Could Lead to Criminal Charges
Assault and battery is a type of assault that involves the use of physical force, in some cases causing injury. However, actual injury is not required to meet the standard for statutory assault and/or battery.
The legal definition of assault varies by state but generally refers to threats made with the intention of harming another person. In Nevada, it's illegal for someone to threaten another person with harm.
The definition of battery includes any form of physical contact that's unwanted or unsolicited. While this can include grabbing someone without their permission, there are many other ways battery could occur: punching another person in the face would be considered battery; so would shoving them against a wall or slapping them across the face during an argument. In some cases, even grabbing someone's arm to get their attention can constitute battery.
When it comes to assault and battery charges in Nevada (or elsewhere), there are three main categories you need to know about: misdemeanor assault and batteries, gross misdemeanor assaults and batteries, and felony assaults and batteries (including those involving deadly weapons).
Assault and Battery Can Lead to Serious Consequences without The Help of An Experienced Attorney
Assault and battery charges are serious and can result in a variety of consequences. Without the help of an experienced attorney, you could end up with long-term repercussions for your actions. Assault and battery charges can lead to jail time, felony charges, community service and house arrest. Your life could be ruined forever if you don't take action now! You shouldn't wait another minute before contacting our firm for help with your assault and battery case.
In Nevada, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
An assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
An assault can be committed merely by attempting to touch another person in a threatening or offensive manner.
It is not necessary that any physical contact actually occur for an offense of assault to be committed; it is enough if the defendant intended to make contact and was able to do so at the time he acted.
Assault crimes are often accompanied by battery charges; however, Nevada's definition of battery does not require actual physical contact between the perpetrator and victim—merely touching someone (even if it was accidental) can constitute criminal conduct that may result in harsh penalties including prison time for repeat offenders!
For more specific analysis of the crimes and potential punishments for both assault and battery, please keep reading below.
DO YOU NEED A LAS VEGAS BATTERY ATTORNEY?
REACH OUT NOW!In Nevada, battery is any willful and unlawful use of force or violence upon the person of another. LBC Law Group battery attorneys can help you navigate this common type of arrest in Las Vegas
Battery is any willful and unlawful use of force or violence upon the person of another. The elements of a battery include:
An act that causes harmful or offensive contact with another's body;
Intent to cause harmful or offensive contact (whether or not the victim is injured); and
Lack of consent.
Under Nevada law, it is a gross misdemeanor for any person who, in the presence of two or more persons, makes threats against the life or health of another person.
In Las Vegas, a gross misdemeanor is a crime that is punishable by up to 364 days in jail and/or a fine of up to $2,000.
It is also a gross misdemeanor if any person commits an assault or battery on another person whom they perceive to be a teacher, school employee, school volunteer or other school personnel.
Punishment: Punishable by imprisonment in county jail for no more than one year and/or a fine of up to $3,000.
Defenses: Self-defense or necessity; defense of others; defense of property; consent (if you were defending yourself against someone who was committing a crime against you).
Note: A skilled Las Vegas attorney can potentially avoid a conviction if the prosecutor cannot prove beyond reasonable doubt that you were acting maliciously toward the victim when the assault occurred. If there is any reasonable doubt about whether you committed the crime out of malice toward the named victim, it's possible they will have difficulty proving their case beyond reasonable doubt because they cannot show that you intended harm towards them (i.e., "malice").
If you are convicted of assault and battery in Las Vegas or elsewhere in Clark County, your sentence may include house arrest as well as community service.
House arrest is a criminal sentence that involves being confined to your home in lieu of prison time.
Community service usually involves volunteering with an organization or agency in your community, such as Habitat for Humanity or the American Red Cross.
Some jurisdictions allow for community service as a substitute for jail time, while others require it alongside other penalties like fines and probation.
One Common Defense To Assault and Battery Charges Is Self-Defense.
One common defense to assault and battery charges is self-defense. Nevada law allows you to use reasonable force to defend yourself against physical harm, or someone else from physical harm. This can be direct (if you're the one being attacked), or indirect (if someone else is being attacked and you must intervene). In order for this defense to work, however, you must meet certain requirements:
The amount of force used must be proportionate to the threat being faced. If someone's threatening your life with a gun, then it would be justified for them to shoot at that person—but if they were only pointing their finger at him/her while shouting "bang" then any use of a real gun would probably not qualify as self-defense under any circumstances.
As long as the threat was imminent (i.e., could reasonably cause harm) and physical not verbal in nature then it should qualify as self-defense under most circumstances though there may still be exceptions. Las Vegas battery attorneys at LBC Law Group can help you navigate these nuances of Nevada law.
Conviction for Assault and Battery in Las Vegas Can Lead to Serious Consequences
Conviction for assault and battery can lead to serious consequences. In addition to the penalties listed above, you may also be ordered to pay a fine, restitution (compensation for financial loss such as medical bills), court costs, and other fines.
In some cases, an attorney might be able to negotiate with prosecutors in exchange for lesser charges or reduced sentencing if it’s clear that you were acting in self-defense or protecting another person from harm at the time of the incident. If convicted of assault and battery against someone else or yourself, you could face serious legal repercussions including imprisonment, fines and probation conditions such as community service or anger management classes
Conclusion
Assault and battery are two separate offenses, but they are often grouped together because they often occur together. Assault is the threat of harm, while battery is actual harm. Both offenses can be punished by fines or imprisonment depending on the circumstances involved in each case. If a person is convicted of assault, then he or she may be required to pay a fine or spend time in jail depending on the circumstances. Las Vegas attorneys at LBC Law Group are here and ready to help you if you've been arrested in Las Vegas for battery.