Las Vegas Assault Attorney

While commonly described together, “assault and battery” are two separate crimes, which means that it is possible for people to be charged with assault, battery, or both, if in fact both were committed. When charged with assault or battery, a Las Vegas assault attorney is the best way to protect your rights and your freedom.

In Nevada, the crime of assault is the causing of fear or apprehension of harmful or offensive contact. Bodily contact is not necessary to assault another person. Standing in front of someone and aggressively shaking fists in his or her face would likely be charged as an assault if the victim in the alleged matter reported that he or she was afraid or felt the physical anticipation of harmful or offensive contact when the incident happened. Battery, on the other hand, is harmful or offensive contact against another. Bodily contact is necessary to show that a battery took place, but the law allows individuals to be prosecuted for the offense even if the actual bodies of the aggressor and victim did not actually touch, but instead the contact was the result of a force set in motion by the aggressor. In other words, using an object to create the harmful or offensive contact is still a battery, even if the object is considerably long and held from a distance, and even if the object is thrown.

Assault and Battery Charges

Battery carries harsher penalties than assault. Assault and battery in Nevada can both be charged as misdemeanors or as felonies.

The penalties for a battery conviction in Nevada are listed here:

• Battery without a deadly weapon with no substantial bodily harm is a misdemeanor punishable by up to six months in jail, or community service, and/or up to a $1,000 fine.
• Battery without a deadly weapon with substantial bodily harm is a category C felony punishable by one to five years in prison and/or up to a $10,000 fine.
• Battery against a protected class with no substantial bodily harm is a gross misdemeanor punishable by up to 364 days in jail and/or up to a $2,000 fine.
• Battery against a protected class with substantial bodily harm is a category B felony punishable by two to ten years in prison and/or up to a $10,000 fine.
• Battery with a deadly weapon but no substantial bodily harm is a category B felony punishable by two to ten years in prison and/or up to a $10,000 fine.
• Battery with a deadly weapon and substantial bodily harm is a category B felony punishable by two to fifteen years in prison and/or up to a $10,000 fine.
• Battery with the intent to kill is a category B felony punishable by two to twenty years in prison.
• Battery with the intent to commit sexual assault on a child 16 or older without substantial bodily harm is punishable by 2 years to life in prison and a fine of up to $10,000.
• Battery with an intent to commit sexual assault on a child 15 or below without substantial bodily harm is punishable by 5 years to life in prison and a fine of up to $10,000.

Penalties for those convicted of assault in Nevada are as follows:

• Simple assault without a deadly weapon is a misdemeanor punishable by up to six months in jail, or community service, and/or up to a $1,000 fine.
• Simple assault without a deadly weapon against a protected class is a gross misdemeanor punishable by up to 364 days in jail and/or a $2,000 fine.
• Assault with a deadly weapon is a category B felony punishable by one to six years in prison and/or up to a $5,000 fine.
• Assault without a deadly weapon committed against a protected class by a prisoner, parolee, or probationer is a category D felony punishable by one to four years in prison and/or up to a $5,000 fine.
• Assault with a deadly weapon committed against a protected class by a prisoner, parolee, or probationer is a category B felony punishable by one to six years in prison and/or up to a $5,000 fine.

If an assault is deemed domestic abuse, the penalties for a conviction may be even harsher. When either assault or battery is committed against someone in a protected class of individuals, then the jail time and fines may be increased. Protected classes under Nevada law include police officers, fire fighters, jailers, judges, state officials, educators, health care providers, transit officials, taxi drivers, and sports event umpires. A battery committed by a probationer, inmate, or parolee, a battery against a child, or a battery committed with the intent to commit sexual assault will be punished even more harshly in Nevada if the suspect is convicted.

Assault and battery are “intentional torts.” That means these actions can result in civil lawsuits claiming monetary damages. Assault and battery are also crimes in Nevada. If you’re convicted of either crime – on top of the criminal penalties – you could also be successfully sued by the victim for damages. Damage awards vary widely in assault and battery cases. If the victim required hospitalization or suffered a long-term or debilitating injury, he or she may require substantial compensation for the injury. If you are charged with assault and/or battery in Nevada, protect yourself, your rights, and your future by contacting an experienced Las Vegas criminal defense attorney as quickly as possible.

An Experienced Las Vegas Assault Attorney

If they are ever accused of assault and/or battery in Nevada, suspects of the crime will need the help of an experienced Las Vegas assault  attorney. The Fletcher Firm is staffed by a team of dedicated and highly experienced legal professionals who have helped a number of assault and battery suspects in the past by having their charges either dropped or reduced. Because of everything that’s on the line, assault and battery suspects should waste no time in securing competent legal counsel. It is generally better to give the Las Vegas assault attorney representing the case as much time as possible to prepare a defense so it can be crafted with care and close attention to the details of the case.