Defining Assault and Battery: How do they differ?

Assault and battery may seem similar, but they actually describe two different legal violations. Not only are the violations different, but so are the potential penalties. If you have been charged with either assault or battery or in the case that you were charged with both, you will want to know what each charge means and how to best handle your upcoming trial.

At De Castroverde Criminal & Immigration Lawyers, we are committed to our clients. We want to make sure that our clients have an understanding of the charges brought against them, the possible defenses for each charge, and how to get a sentence reduced if necessary. When you are charged with assault or battery and decide to reach out to a lawyer, our Las Vegas criminal defense attorneys are ready to help you.

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Although many people refer to the offenses of “assault” and “battery” interchangeably or as parts of the same crime, assault and battery constitute different criminal offenses under Nevada law. Understanding when an offense constitutes assault, when it constitutes battery, and when the state can charge both offenses can help you prepare defense strategies to protect your rights and seek a fair resolution to your case. An experienced defense attorney can explain how Nevada’s assault and battery statutes apply and the potential outcomes you may face from your charges. 

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Definitions of Assault and Battery

Nevada’s assault statute defines the offense as unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable fear of imminent bodily harm. The state defines the crime of battery as any willful and unlawful use of force or violence against another person. 

Differences Between Assault and Battery and Legal Implications

Nevada law differentiates between assault and battery based on whether an assailant succeeds in using force or violence against another person. 

  • Assault occurs when a person merely attempts to use force or otherwise intentionally puts another person in fear of imminent injury from force or violence.
  • Battery occurs when a person succeeds in using force or violence against another person. 

As a result, a suspect can face an assault charge even if they didn’t make physical contact with the alleged victim’s body. However, battery requires an offender to make contact with a victim’s body using violent, offensive, and unwanted force or touching. 

Grading of Assault and Battery Charges

The grading of assault and battery charges under Nevada law depends on several factors, including:

  • Whether the assailant used a deadly weapon in the commission of a crime
  • Whether the victim suffered severe injuries
  • Whether the alleged crime occurred against a protected person in the course of their official duties

The law grades assault as a misdemeanor offense when it occurs without the use or display of a deadly weapon. However, when a person uses or displays a deadly weapon during an assault, they may face a conviction for a Category B felony carrying penalties of one to six years in prison, a fine of up to $5,000, or both imprisonment and fines.

Committing an assault upon any of the following protected parties constitutes a gross misdemeanor offense rather than a misdemeanor offense:

  • Law enforcement officers
  • Firefighters
  • Corrections officers
  • Prosecutors
  • Judges
  • State employees required to make home visits
  • Code enforcement officers
  • Healthcare professionals
  • School employees
  • Taxicab drivers
  • Transit operators
  • Utility workers
  • Sports officials

Furthermore, assaults committed by prisoners, probationers, or parolees constitute Category D felonies, with penalties of one to six years, a fine of up to $5,000, or imprisonment and fines.

Nevada grades battery as a misdemeanor when committed without a deadly weapon or inflicting severe injury. However, the grading increases to a Category C felony if a committed without a deadly weapon involves severe injury or strangulation. This charge carries penalties of one to five years in prison, a fine of up to $10,000, or both imprisonment and fines.

Committing a battery upon a protected officer, official, or employee constitutes a gross misdemeanor. Battery involving a deadly weapon constitutes a Category B felony offense, with a penalty of two to 10 years in prison and a potential fine of up to $10,000 in cases not involving severe injury. Penalties include two to 15 years imprisonment in cases involving severe injury or strangulation. 

Battery committed by a prisoner, probationer, or parolee also constitutes a Category B felony. Penalties for offenses not involving a deadly weapon include one to six years in prison. However, those who use deadly weapons in the course of a battery may face penalties of two to 10 years imprisonment if they do not cause severe injury or two to 15 years imprisonment if they do inflict severe injury or strangulation. 

Furthermore, committing battery in the context of domestic violence constitutes a misdemeanor as a first offense, carrying penalties of two days to six months in jail, 48 to 120 hours of community service, and a fine of $200 to $1,000. A second offense within seven years increases the penalty to 20 days to six months in jail, 100 to 200 hours of community service, and a $500 to $1,000 fine. A third or subsequent offense within seven years constitutes a Category B felony, with penalties of one to six years in prison and a potential fine of $1,000 to $5,000.

Committing domestic violence battery by strangulation constitutes a Category C felony with penalties of one to five years in prison, a fine of up to $10,000, or both imprisonment and fines. Furthermore, committing a domestic violence battery after a previous domestic violence conviction constitutes a Category B felony carrying penalties of two to 15 years in prison and a fine of $2,000 to $5,000. Courts must also order defendants convicted of domestic violence battery to participate in weekly counseling sessions at the defendant’s expense for at least six months.

Can You Get Charged with Assault and Battery in Nevada?

In some cases, a person can face charges for both assault and battery for the same incident. For example, in cases involving multiple victims, a defendant may face assault charges for some victims and battery charges for other victims. Alternatively, a defendant may commit assault involving a deadly weapon and later commit battery upon the same victim without involving a deadly weapon during the same course of criminal conduct. 

There are certain common defenses to assault and battery charges. These include:

  • The defendant lacked intent to threaten or harm the victim
  • The accuser gave consent to the behavior
  • The defendant acted in self-defense, defense of others, or defense of property

Contact a Criminal Defense Lawyer Today to Discuss Your Assault and Battery Charges

If you’ve been charged with assault or battery in Nevada, you deserve experienced legal counsel who can advocate for your rights and interests in the criminal justice system. Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation with a knowledgeable Las Vegas criminal defense attorney. We’ll explain what you can expect from assault and battery charges in Nevada and discuss your options for securing a favorable outcome in your case.