Have you been arrested and charged with battery in Las Vegas? Are you feeling worried about the consequences of a conviction and how your life could be affected? If so, you are not alone. When your future is on the line, you may want a legal defender on your side.
Get help preparing a compelling defense with our Las Vegas battery defense lawyers at De Castro Verde Criminal & Immigration Lawyers. Schedule your confidential case evaluation today and start working on how to best approach your defense strategy.
Battery Charges in Las Vegas
Battery is a criminal offense that involves using force or violence against another person. If the alleged victim is a spouse, ex-spouse, family member, person you are living with, or person you are in a romantic relationship with, however, you may face battery domestic violence charges.
Though you may have been accused of or arrested for battery or battery domestic violence, we can offer you the level of defense counsel that you may need to challenge your charges and help you avoid serious penalties and other consequences: imprisonment, fines, loss of custody, and a permanent criminal record.
Now is the time to act and consult with a Las Vegas battery defense lawyer who can offer you valuable insight into your charges and work to build a vigorous defense on your behalf. De Castroverde Criminal & Immigration Lawyers to discuss your defense options.
What Constitutes a Battery Offense?
A battery charge is commonly connected to charges of assault, as both offenses are typically executed in one altercation, but most are unaware that they are, in fact, separate offenses. According to the Nevada Statutes, Title 15, Crimes and Punishments, battery is defined as “any willful and unlawful use of force or violence upon the person of another.”
Because the definition is so broad, a Las Vegas battery defense lawyer knows that the types of offenses that can be included under this type of criminal charge are expansive. Battery may include any instances of:
- Punching and slapping
- Pushing and shoving
- Unwanted sexual contact
Battery differs from assault in that physical contact must be made against another.
Assault, however, is defined as the threat of inflicting harm with the intention of following through-and it can include any acts of threatened physical violence, domestic violence, and/or unwanted sexual initiation.
However, assault stops short of actual physical contact. A person may only need to feel threatened with physical contact to have faced assault.
Common Types of Las Vegas Battery Charges
You may be surprised to find that there are multiple criminal charges you could face when accused of battery in Las Vegas. Some of the more common criminal offenses include:
- Battery domestic violence
- Battery committed with a deadly weapon
- Battery committed by strangulation
- Battery with intent to kill the victim
These are just a few of the types of battery charges you could face if you are accused of inflicting bodily injury on another. Other related charges you could face include:
- Assault with a deadly weapon
The consequences you can face if you are convicted of battery or a battery-related offense can vary widely based on the specific criminal charge in question. For example, battery that results in substantial bodily harm or was committed with a deadly weapon could be a Category C felony. Depending on how the crime was committed, you could face between one and fifteen years in prison if convicted.
However, battery charges can result in a Category B felony, such as in battery with intent to kill the victim. This conviction can result in 20 years in prison. A lawyer from our team can explain how your charges could affect you and help you build a strong defense.
Battery Penalties in Nevada
The punishment for battery in Las Vegas varies depending on the circumstances of the case, such as a separate charge for assault or the presence of a deadly weapon during the altercation. Here are some more of the potential penalties associated with battery convictions in Nevada:
- If there was no substantial injury caused to the victim and if there was no use of a deadly weapon, battery is classified as a misdemeanor.
- The penalties will increase if the battery was committed against an officer, provider of health care, school employee, sporting event official, taxicab driver, or transit operator. In these cases, battery charges could increase to a category B felony and could be punished by two to ten years imprisonment and a fine of up to $10,000.
- If battery is committed by a person who is on probation for a crime or is in lawful custody, they could be charged with a category B felony.
- If the battery included the use of a deadly weapon, they could be facing up to fifteen years in state prison.
Collateral Consequences of Las Vegas Battery Convictions
In addition to the criminal penalties you could face if you are convicted of battery in Las Vegas, there are also collateral consequences you could be forced to deal with. Collateral consequences refer to the various ways your life in general could be affected if you are found guilty.
Depending on the circumstances of your case, some of these collateral consequences could include:
- Community service
- Probation or parole requirements
- Court-ordered anger management courses
- Court-ordered mental health counseling
- Completion of a substance-abuse treatment program
- Suspension or revocation of your driver’s license
- Suspension or revocation of your professional licenses
- Loss of firearm rights
- Temporary loss of voting rights
- Immigration or citizenship issues
- Child custody trouble
- Difficulty finding gainful employment
- Trouble finding affordable or safe housing
- Difficulty maintaining relationships with family and friends
These are just a few of the ways your life could be affected if you are convicted of a battery offense in Las Vegas. When the stakes are this high, it is critical that you take action to avoid these harsh penalties by clearing your name with a powerful defense strategy.
Battery & Domestic Violence
There are particular issues to consider when reviewing the topic of battery constituting domestic violence. First, battery may be defined as any force or violence on another person, even if this does not cause direct physical injury to the victim. Even minor force or unwanted contact with a person may be considered battery.
Tearing a person’s clothing may also constitute battery. This contact would need to be intentional. Unintentional and accidental contact should not be considered battery. Battery will be charged as domestic violence if the offense is allegedly committed against a family member, spouse, or ex-spouse, a person the defendant is in a relationship with, or a person the defendant is living with.
Penalties Associated With Domestic Violence Convictions
If you are found guilty of battery domestic violence or a related charge, the consequences could be severe. If this is your first offense, you could be subject to as much as six months in jail, fines as high as $1,000, and a maximum of 120 hours of community service. However, if this is your second offense, the penalties could be more severe.
Battery domestic violence is just one type of domestic violence charge you could be facing. Per NRS 33.018, domestic violence is broadly defined in Nevada. It may be one of many acts committed against a spouse or intimate partner. Forms of domestic violence could include sexual assault, stalking, tress passing, battery, and many other acts.
Challenging Battery Domestic Violence Charges
If you have been accused of battery domestic violence, it is important to take action to clear your name. Many people are quick to assume they can obtain a plea agreement or enter into a pretrial diversion program.
However, the state may be less willing to work with you if you are not a first-time offender if the offense in question is considered violent. Since battery and domestic violence are both inherently violent offenses, it is unlikely the prosecuting attorney will be willing to offer a plea agreement or lesser sentence.
However, your attorney can help you prepare a powerful defense strategy. Some of the potential defenses used to challenge battery domestic violence allegations include:
- Mistake of fact
- Illegal search and seizure
- Constitutional rights violations
- Lack of intent
- Lack of physical bodily injury
- Acting in defense of yourself, others, or property
Las Vegas Battery Defense FAQ
We understand you may have many unanswered questions regarding the battery charges against you. In the hopes of easing your mind, we have answered some of the most frequently asked questions regarding battery and battery domestic violence charges below.
If you have additional questions we did not answer here, be sure to contact our office for a confidential case evaluation.
Can a Public Defender Take on My Case?
Public defenders are often overworked and overwhelmed by massive caseloads. If you want your case and defense to get the attention it deserves, hiring a private Las Vegas battery defense attorney may be in your best interests.
Can I Get a Battery Conviction Expunged?
The state of Nevada does not offer expungements for any type of crime. However, you may be able to get your records sealed depending on the details of your case.
Generally, the more serious the conviction, the less likely it is your conviction will be eligible for sealing. If you are convicted of a misdemeanor battery crime, it is more likely your offense could be sealed from your record.
Can Domestic Violence Convictions Be Expunged?
As previously mentioned, expungement is not available for any crime in Nevada. However, if you are found guilty of a domestic violence charge, unlike many other states, you may still have the opportunity to have your conviction sealed from your record in Las Vegas.
Contact a Las Vegas Battery Defense Attorney’s Team for Help Today
After understanding the severity of this crime and the harsh penalties that could result from it, you may realize that you want a strong legal advocate. At De Castroverde Criminal & Immigration Lawyers, we have been fighting for the rights and freedom of individuals throughout Nevada for more than twenty years, and our Las Vegas criminal defense attorneys have more than forty years of combined experience. If you have been falsely accused of a crime or have been treated unfairly by the justice system, please do not hesitate to talk to a Las Vegas battery defense lawyer from our team.
We have experience handling cases involving burglary, domestic violence, sex crimes, and violent crimes. Being accused of battery is something to take very seriously, as it may result in time spent in jail, so do not hesitate to enlist the help you may need to defend yourself against these charges. Contact De Castroverde Criminal & Immigration Lawyers today!