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Differences Between Aggravated Assault and Battery

Brian J Smith Aug. 20, 2012

The difference between aggravated assault and battery is not always clear. Sometimes it is simply called assault, and other times just battery. An assault can be charged if somebody merely threatens to strike another person. However, battery is when there is an actual act of one person striking another person. Of the [intlink id=”228″ type=”page”]common possible battery charges[/intlink], there are five:

  • Simple battery, which is a misdemeanor

  • A battery which constitutes domestic violence

  • Battery involving a deadly weapon

  • Battery which involves great bodily harm

The section of Nevada Law which defines battery, is NRS 200.481. Here, the definition of battery is described as unlawful and willful use of violence or force upon another person. Battery may be committed by one adult against another, or an adult against a minor. Under the Nevada Law there are certain professions under which a battery committed against one of the professionals causes an increase in the penalty for battery. These are the professions the code covers:

  • Firefighters

  • Police Officers

  • Corrections Officers

  • Health Care Providers

  • Taxicab Drivers

  • Judges

  • School Employees

If you have been accused of battery by a professional on the above list, be sure to consult an attorney. Your charge of battery will increase because of the status of protection these people enjoy. However, cases involving minors [intlink id=”1415″ type=”post”]can be charged as child abuse[/intlink], and those crimes are dealt with in a much more severe manner. No matter the degree of battery charges your case falls under, you will need an attorney to deal with the complexities of the law.

Assault and Battery: Las Vegas Attorney

If you need to defend yourself against assault and batter charges, be sure to enlist the services of a reliable and experienced attorney who specializes in just these sorts of cases. Brian J. Smith can help you to understand what your options are, and help you construct a solid defense against the charges. He can help you reduce the severity of punishment the court plans to dish out, and help you from having your life destroyed.

Battery: Definitions

Simple Battery -This is defined as harmful contact resulting from a non-consensual contact. The result of injury does not change the charge.

[intlink id=”19″ type=”page”]Domestic Violence[/intlink] – This is the same as simple battery, but involves people who are related to each other.

Battery Involving a Deadly Weapon – Contact that is non-consensual, but involves the use of either a gun, knife, club, or any other instrument used to inflict bodily harm.

The following are some defenses available, should you be accused of any of these forms of assault or battery:

  • Self defense

  • Victim consented to the assault

  • There were no indications the action could have been taken as offensive

  • Lack of intent to cause bodily injury

  • Contact that was not intended or accidental

You should never walk into a courtroom without an attorney present if you are charged with any of these forms of assault and battery, or any others. A lawyer will help a judge and jury see the circumstances of your actions, and this can help you garner a lighter sentence, or no sentence at all.