GET HELP WITH A BATTERY CHARGE FROM RENO'S BEST CRIMINAL DEFENSE ATTORNEYS
NRS 200.481 of Nevada law defines battery as any willful and unlawful use of force or violence upon the person of another. Examples of this charge include punching, kicking, strangling, stabbing, shooting, or throwing items at a person. This case is often associated with the crime of assault, which NRS 200.471 defines as unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm. The penalties for the charge can range depending on the exact situation of the case. Some situations and their penalties are listed below:
- No use of a deadly weapon: If the battery consisted of strangling or resulted in a significant amount of bodily harm, Nevada considers it a Category C felony and will result in 1 to 5 years in prison as well as up to a $10,000 fine. If the battery did not involve strangling or significant bodily harm, it is considered a misdemeanor by Nevada and will result in a maximum of 6 months in jail and/or up-to a $1,000 fine.
- Use of a deadly weapon: Nevada considers this type of battery to be a Category B felony and will result in a minimum of 2 years in prison as well as up to a $10,000 fine.
- The victim of the battery is a member of a protected class: A member of a protected class is someone working as an officer, health care provider, school employee, taxi driver, transit operator, or sports official. If the victim of a battery with no strangling or significant injuries is a member of a protected class, then the defendant will face a maximum of 1year in jail and up to $2,000 in fines. If the battery involved strangling or serious bodily injuries, the case is considered a Category B felony and the defendant will face several years in prison as well as up to a $10,000 fine.
In addition to the penalties listed in the situations above, domestic violence battery can result in completely different serious punishments.
DEFENSES TO BATTERY
Some of the most common and successful defenses to the charge include:
- False accusations
DEFENSE LAW BLOG RESOURCES
How to Apply for a TPO in Nevada Temporary protection orders allow victims of assault, child abuse, violence, harassment, or stalking to keep their abusers