What’s the difference between assault and battery?

Although assault and battery are usually referred to as one crime, they are actually separate criminal offenses. According to Nevada Statute §200.481, battery refers to the act of using unlawful force or violence towards another person. Nevada Statute §200.481 refers to assault as the unlawful attempt to use physical force against someone else. Assault also includes the crime of intentionally placing another person “in reasonable apprehension of immediate bodily harm.”

Simply put, assault usually refers to threats of violence and battery involves physical violence. Generally speaking, assault can be committed without physical contact with another person; battery is committed when one individual actually strikes or physically harms the victim.

Aggravated Circumstances

Simple battery is usually charged as a misdemeanor. However, aggravated circumstances could enhance these charges to a felony. For instance, if the battery is committed against a police officer, it may be charged as felony battery instead. Many times, felony battery involves significant bodily harm to the victim.

If the officer does not suffer serious bodily harm but the perpetrator attempts to strangle the officer, the suspect may be accused of a felony offense. This crime can only be committed when the suspect knows that the victim is a police officer. Battery may be charged as a felony if it is committed against other officials as well, including:

  • Health care providers
  • Teachers and school employees
  • Taxi drivers
  • Transit operators
  • On duty sports officials

This crime is a category B felony, punishable by at least two years in state prison and a fine of no more than $10,000. If the victim suffers a serious injury, the suspect may be charged with a felony punishable by 15 years in prison and a $10,000 fine. Battery committed by strangulation may result in a felony charge as well. If you are currently on probation or a parolee, any battery accusation may be charged against you as a felony offense.

Do you need a Las Vegas Felony battery defense attorney ?

If you’ve been accused of a serious crime and don’t know where to turn, talk to a criminal defense attorney from our firm as soon as possible – finding the right criminal defense attorney can make or break your case. At De Castroverde Law Group, we are wholeheartedly dedicated to giving clients the best legal representation we can offer. Our past victories are a reflection of our genuine dedication to helping people. With more than two decades of legal experience behind us, we can help you establish an effective and aggressive case strategy to get you the case outcome you need.

When you work with a Las Vegas Felony battery defense attorney from De Castroverde Law Group, you can rest assured that a top-notch legal advocate will be with you through every step of the legal process. To stay in the know, follow us on Twitter or check out our Facebook page. There, you can find links to blog posts and new, relevant content on our website. If you’ve been accused of felony battery and need defense lawyer in Las Vegas, contact us today.