Assault and Battery

In Nevada, assault and battery is a misdemeanor punishable by up to six months in jail and a fine of up to $1,000. Assault is defined as:

  • Deliberately attempting to use force against an individual, or
  • Placing the individual in reasonable fear of imminent bodily harm

Assault becomes battery when physical contact occurs.

Penalties For Assault in Nevada

If the defendant did not use a deadly weapon, the assault is categorized as a misdemeanor and is punishable by up to six months in jail and up to $1,000 in fines.

If the victim was on duty as a police officer or is another protected class, the assault is categorized as a gross misdemeanor punishable by up to 364 days in jail and up to $2,000 in fines.

If the defendant was in prison or custody or on parole or probation, the assault is a category D felony punishable by one to four years in prison and up to $5,000 in fines.

If the assault was committed with a deadly weapon, the defendant is charged with a category B felony punishable by one to six years in prison and up to $5,000 in fines.

Penalties For Battery in Nevada

All battery incidents that cause substantial bodily harm are automatically charged as a felony.

In the case of a defendant who did not use a weapon:

  • If the victim was strangled or sustained substantial physical harm, the defendant is charged with a category C felony punishable by one to five years in prison and up to $10,000 in fines.
  • The battery is a misdemeanor punishable by up to six months in jail and up to $1,000 in fines.
  • If the defendant was in prison or custody or on parole or probation, then the battery is a category B felony punishable by one to six years in prison.

In the case of a defendant who used a deadly weapon:

  • The charge is a category B felony punishable by at least two years imprisonment and a fine of up to $10,000.
  • If the victim sustained substantial bodily harm or was strangled, the defendant faces up to 15 years in prison.

In the case of a victim who was on duty as a police officer or is other protected class:

  • If the victim was strangled or sustained substantial physical harm, and the defendant used a deadly weapon, then the category B felony is punishable by two to 15 years in prison and up to $10,000 in fines.
  • If the defendant used a deadly weapon, but didn’t cause substantial bodily harm or strangulation, the category B felony is punishable by two to 10 years in prison and up to $10,000 in fines.
  • If the victim was strangled or sustained substantial physical harm, but the defendant didn’t use a deadly weapon, then the category B felony is punishable by two to 10 years in prison and up to $10,000 in fines.
  • In all other cases involving a police officer or individual from a protected class, battery is a gross misdemeanor punishable by up to 364 days in prison and up to $2,000 in fines.

Fighting Assault And Battery Charges

The charges may be reduced or dismissed if the defense attorney can show:

  • The incident was an accident
  • The defendant’s actions were done in self-defense
  • The defendant was falsely accused
  • The victim wasn’t in reasonable apprehension of immediate bodily harm (for assault cases)

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