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Dealing With Assault and Battery Charges

Brian J Smith Aug. 20, 2012

The charges and penalties for assault and battery can vary, depending on the severity of the crime. A good Nevada criminal defense attorney can help you to keep any charges to a minimum. You may do some community service for a simple misdemeanor, whereas you can expect to do prison time for a more serious assault. In Nevada, [intlink id=”228″ type=”page”]assault and battery incidents[/intlink] are also sometimes called crimes of moral turpitude.

Many people do not realize the difference between battery and assault – battery is the actual striking of a person, whereas assault can simply be one person threatening to hit or assault another person and battery charges fall under five basic types:

  • Misdemeanor or simple battery

  • Domestic violence

  • [intlink id=”1388″ type=”post”]Using a deadly weapon[/intlink]

  • Causing substantial harm to the body

Battery can occur to anyone, regardless of whether they are under or over the age of 18, and it is defined as the use of violence or force that is applied either deliberately or with intent. The definition is further explained in Nevada law NRS 200.481.

Battery against those in certain professions will often carry with it a higher penalty, and these include firefighters, police officers, cab drivers and correction officers as well as judges, school employees and health care workers.

Because the charges can increase significantly if you are accused of battery against people in the above professions, it is essential to contact an attorney to make sure that you are receiving the best possible legal help.

A lawyer can also help you if you are accused of battery against a minor, a charge that is also considered to be child abuse.

If you have been accused of assault and battery, you are strongly recommended to contact our office without delay. Of course, you want the charges to be minimal as well as the effects of the charge on your future and we will be able to clearly explain the charges and the consequences and point out your options.

Simple battery is defined as harmful contact that is not consented to or agreed upon.

Domestic violence is deliberate bodily harm or injury caused to a person related to you.

Battery with a deadly weapon is harm caused by such things as a gun or knife, or anything else designed or used to cause harm.

Any permanent disfigurement or loss of a limb during battery is defined as battery with substantial bodily harm.

Possible Assault and Battery Defenses

  • Causing injury was not intended or deliberate

  • The assault and battery were in self defense

  • The assault was carried out with the consent of the victim

  • It was not believed the actions would be offensive or cause injury

Offensive touching that is not wanted is known as battery, and there are various defenses possible:

  • The contact was accidental and not intended to happen

  • It was made in self defense

  • It was normal and expected contact

As you can see, there are various options for your defense, should you be accused of assault and battery. However, an experienced Nevada criminal defense attorney can explain them in more depth and ensure that you are making the best choice.