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.

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)