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 domestic violence, we can offer you the level of defense counsel that is necessary 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. Contact De Castroverde Law Group 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. It differs from assault in that physical contact must be made against another—whereas assault is defined as the threat of inflicting harm with the intention of following through—and it can include any acts of physical violence, domestic violence and/or unwanted sexual contact.
This may include any instances of:
- Punching and slapping
- Pushing and shoving
- Unwanted sexual contact
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.
- 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.
- Battery is a category C felony if someone suffered injury from the attack.
- 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.
- Battery charges will 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.
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, such as spilling a drink on another person or touching another person in an intimate way against their will.
Contact with a person’s clothing or an object intimately associated with the victim (such as a chair they are sitting on) 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, person the defendant is in a relationship with or person the defendant is living with.
Defense Against Battery Charges in Las Vegas, NV
Understanding the severity of this crime and the harsh penalties that could result from it show the need for a strong legal advocate. At De Castroverde Law Group, 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 in handling cases involving burglary, domestic violence, sex crimes, and violent crimes. Being accused of battery is something to take very seriously, as is may result in time spent in jail, so do not hesitate to enlist the help you will need to defend yourself against these charges. Call De Castroverde Law Group at (702) 383-0606 today!