Assault occurs when a person fears unwanted, imminent bodily contact, including rape and molestation. On the other hand, battery results when someone inflicts undesired contact on another and can even occur without injury or weapons if there is illegal physical contact.
Significantly, while battery requires physical contact, assault does not. The mere verbal or nonverbal threat of immediate physical force against another person, without any intention to injure them, may be sufficient to constitute assault. In addition, the victim of an alleged assault must have been aware of the assault as it was occurring, while there is no such requirement for the battery.
In Nevada, assault, as well as battery, may be prosecuted as a misdemeanor or a felony, depending on the circumstances. Charges and penalties depend primarily on the specific issues involved and whether other aggravating circumstances are present.
Penalties for a conviction of assault or battery may include jail time and fines, and the severity will depend on the situation and the parties implicated.
Under Nevada law, certain individuals, such as firefighters, police officers, judges, and taxi drivers, are part of a protected class of professionals. Any assault or battery offense committed against them increases the penalties associated with the criminal charge.
Battery involving a minor constitutes child abuse, and assault against a spouse or immediate relative is classifiable as domestic violence.
It is in your best interests to consult with a Neahusan Law criminal law attorney if charged with an offense against anyone, especially if it relates to protected persons, children, or a spouse.
If charged with an assault and battery misdemeanor or felony, there is no question that you need a Neahusan Law criminal defense lawyer with the experience and the credentials to properly lead your defense.
When faced with severe consequences such as a lengthy jail term, your key to minimizing charges leveled against you is a Neahusan Law assault attorney with superior courtroom ability.
Penalties in Nevada for assault and battery offenses vary, depending on:
At its best, correct defense results in the dismissal of the criminal charges, and a Neahusan Law assault attorney is necessary to build a strong defense and determine your available legal defenses. There may also be circumstances where a Neahusan Law criminal defense lawyer can reveal to reduce the charge and related consequences.
If you have been arrested for assault or battery, you can fight the charges filed against you with the assistance of a knowledgeable Neahusan Law attorney. We have an impressive record of success and can be trusted to protect your rights. Neahusan Law understands the importance of investigating the details of each case and crafting a strategy tailored to each person’s needs and goals.
A potentially successful defense to the battery is the defendant’s lack of intent since the battery has not been committed if the defendant accidentally harmed another person without intending to use physical force against them.
Similarly, if the accused did not intend to create an apprehension of immediate bodily harm, no assault has occurred. If the parties agreed to engage in the use of force or violence, such as in a boxing match or other contact sport, consent may be a valid defense to a charge of assault or battery. Self-defense may also be asserted if the defendant used reasonable force under the circumstances and did not provoke the attack.
If convicted, you face the loss of your freedom, certain rights, reputation, and your future—Neahusan Law will do everything possible to stop that. There are several possible defenses to assault and battery charges in Nevada:
It is essential that you consult with a qualified Neahusan Law attorney before making any statement to law enforcement if you are a suspect in an assault or battery case. You should also photograph any marks or bruises you suffer because of defending yourself to assist your Neahusan Law lawyer in defense of the case.Acting quickly is important, as the prosecution will often move swiftly in these types of cases. Because the unique circumstances of a case have such a significant impact on charges and penalties, defense strategies must be tailored accordingly. Neahusan Law attorneys will fight your legal battles and handle your case with the attention it deserves. Contact Neahusan Law today at 775-420-5142 or on the contact form on our website. We are your legal lifeline in Reno, Sparks, Fallon, Carson City, Fernley, and the surrounding communities of Nevada.