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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