Facing Assault and Battery Charges in Las Vegas, Nevada
Crimes of assault and battery
If you got arrested for assault and battery in Las Vegas, you need to hire a good criminal defense attorney to defend your case. We invite you to call us at 702-432-1000 to speak with a criminal defense attorney directly.
Assault and battery defined
In Las Vegas, assault and battery crimes are often regarded as similar offenses; however, their definitions are very different.
Assault vs. battery
Under Nevada law, assault equates to an act committed by an individual that's intended to intimidate or scare another. Battery, on the other hand, is more than just a threat; it involves unconsented contact or violence and may result in serious bodily injury. Often battery crimes are committed with a deadly weapon.
What constitutes a deadly weapon in assault and battery cases?
A deadly weapon is ANY item used to inflict deadly force on another. For example, if a defendant is accused of stabbing someone with a pen, the pen may be considered a deadly weapon.
Are assault and battery a felony?
It can be. Depending on the details and evidence available in an offender's case, they could face a misdemeanor, a gross misdemeanor, or a felony charge with a maximum sentence of 15 years in jail and fines up to $10,000.
The number of factors determines what sort of consequences an individual will face as the result of an assault and battery conviction. Prior offenses on an alleged offender's record, whether or not they used a weapon, and the victim’s injuries play a substantial role in sentencing.
Nevada statutes NRS 200.471, and NRS 200.481 explain the assault and battery charges.
How the offender's guilt is determined
Under Nevada law, an individual can be convicted of assault and battery, regardless of whether or not injuries were sustained as a result. The use of illegal force, intent to threaten and cause harm, and the victim's awareness of the act play significant roles in determining an alleged offender's guilt.
In cases of battery, however, a victim doesn't need to be aware of the act for a conviction to occur. For example, slipping a drug into someone's drink, or causing a person intentional physical harm while they're unconscious is still considered instances of the battery.
Aggravated assault, aggravated battery, third-degree assault and battery charges
Many clients are asking us about the aggravated assault and aggravated battery charges in Las Vegas and throughout Nevada. People who moved recently to Las Vegas from other states want to know what are the penalties for a third-degree assault and battery.
The answer to these questions is - Nevada doesn't have these charges at all. The aggravated assault, aggravated battery, or the third-degree assault and battery charges are not applicable to the state of Nevada.
In assault and battery cases, the most common charges in Nevada are:
- Assault
- Assault with a deadly weapon
- Battery
- Battery resulting in substantial bodily harm
- Battery with a deadly weapon
If you have any questions or if you are arrested for assault and battery, call us at 702-432-1000.
The initial consultation with a criminal defense attorney is always free.
Consequences of assault and battery charges
The battery in Las Vegas, North Las Vegas, Henderson, Summerlin, and Mesquite has a wide range of outcomes, including thousands in fines, jail time up to 15 years, potential deportation for non-US citizens, and child custody consequences.
Today many employers screen for violent offenses, and having an assault or battery conviction can make finding future employment a challenge. On a positive note, the assault and battery conviction can be sealed. Learn about the record sealing process in Las Vegas and throughout Nevada.
Assault and battery on a security officer in a nightclub
In Las Vegas, where venues such as clubs, hotels, and casinos are prevalent, it's not uncommon for assault or battery on a security officer to occur. Whether your alleged battery on a security officer was accidental, or you were trying to protect yourself from an unconsented search, an excellent criminal defense attorney can help you fortify your case and ensure your side is heard and taken into account.
Defenses for assault and battery charges
Applicable in a variety of criminal defense cases, self-defense is most common in battery cases like battery domestic violence and battery with a deadly weapon. Self-Defense can also apply to the 1st-degree murder and other crimes of violence or force.
We can help
In Nevada, assault and battery are regarded as very serious offenses. If you are facing the assault and battery charges, you need to hire a local criminal defense attorney to defend your case. We invite you to call us at 702-432-1000.
The Las Vegas criminal defense attorney Parviz Heshmati handles many assault and battery cases every year. It includes the simple battery, misdemeanor battery, felony battery, battery with strangulation, battery causing substantial bodily harm, battery with use of a weapon, assault with use of a firearm, battery on the protected person (e.g., police officer or a nurse), battery on the elderly.
Every criminal case is unique. While some cases have strong self-defense arguments, even cases with weaker self-defense arguments can lead to productive outcomes for defendants. Just by raising the self-defense argument at the right moment, a criminal case can get substantially better for the defendant.
The attorneys at Heshmati & Associates serve clients in Las Vegas, Summerlin, North Las Vegas, Henderson, and the rest of Nevada.
