WHAT IS BATTERY?

While assault is the attempted use of unlawful force or violence, battery is the actual use of unlawful force or violence against another individual. Specifically, NRS 200.481 defines battery as any “any willful and unlawful use of force or violence upon the person of another.”

PENALTIES FOR BATTERY CHARGES IN LAS VEGAS:

The penalties for an battery charge vary based on whether or not the accused used a deadly weapon and who the battery was committed towards. Harsher penalties apply if the battery was committed towards any of the following:

  • Officer
  • Health care provider
  • School employee
  • Taxicab driver
  • Transit operator
  • Sports official

If the battery is not committed with a deadly weapon and the victim sustains no substantial bodily harm, you are guilty of a misdemeanor and will be punished:

  • A maximum of 6 months in a county jail; and/or

  • A fine of no more than $1,000.

If the battery is not committed with a deadly weapon, and the victim sustains either substantial bodily harm or the battery is committed by strangulation, you are guilty of a category C felony and will be punished:

  • A minimum of 1 year and a maximum of 5 years in a state prison; and

  • A possible fine of no more than $10,000.

If the battery was performed to any of the individuals listed above, you are guilty of a gross misdemeanor and will be punished:

  • A maximum of one year in a county jail; and/or

  • A fine of no more than $2,000.

If the battery was performed on any of the individuals listed above, and the victim sustains either substantial bodily harm or the battery is committed by strangulation, you are guilty of a category B felony and will be punished:

  • A minimum of 2 years and a maximum of 10 years in a state prison; and/or

  • A fine of no more than $10,000.

If the battery was performed with use of a deadly weapon on any of the individuals listed above, and no substantial bodily harm occurs, you are guilty of a category B felony and will be punished:

  • A minimum of 2 years and a maximum of 10 years in a state prison; and

  • A possible fine of no more than $10,000.

If the battery was performed with use of a deadly weapon on any of the individuals listed above, and the victim sustains either substantial bodily harm or the battery is committed by strangulation, you are guilty of a category B felony and will be punished:

  • A minimum of 2 years and a maximum of 15 years in a state prison; and

  • A possible fine of no more than $10,000.

If the battery is committed by a probationer, prisoner or parolee, without use of a deadly weapon and whether or not substantial bodily harm results or whether or not the battery is committed by strangulation, you are guilty of a category B felony and will be punished:

  • A minimum of 1 year and a maximum of 6 years in a state prison.

If the battery is committed by a probationer, prisoner or parolee with use of a deadly weapon, and no substantial bodily harm results, you are guilty of a category B felony and will be punished:

  • A minimum of 2 years and a maximum of 10 years in a state prison.

If the battery is committed by a probationer, prisoner or parolee with use of a deadly weapon, and substantial bodily harm results or the battery is committed by strangulation, you are guilty of a category B felony and will be punished:

  • A minimum of 2 years and a maximum of 15 years in a state prison.

DEFENSES TO BATTERY CHARGES IN LAS VEGAS:

There are several defenses to battery charges that can help clear you of a conviction.

  • The battery occurred due to self-defense.

  • The victim consented to the battery.

If you or anyone you know has been charged with battery, it is important that you contact an experienced Las Vegas criminal defense attorney who can get you the representation you deserve. Adrian Lobo has dealt with several battery cases and is determined to help your case. Contact Adrian Lobo today at (702) 290-8998 to schedule a consultation.