Battery- Definitions penalties

Battery Defined by a Las Vegas Defense Attorney

Battery is a crime under the law in the state of Nevada. The penalties for the offense can vary depending upon many factors including who the alleged victim was. In some cases, battery is considered to be a felony. This means that if you are found guilty of battery, you could be left with a permanent felony criminal record that affects your rights in profound ways going forward. You could also be imprisoned for a long time if convicted of battery.

You need to be proactive in fighting battery charges to try to reduce the likelihood of a guilty verdict or to develop a strategy for negotiating a plea deal that allows you to lessen the severity of the penalties that could result from conviction.

It is important to talk with an experienced Nevada criminal defense lawyer as soon as you come under investigation or after an arrest for battery so you will be able to make smart choices on handling your case throughout your involvement with the criminal justice system. To find out more about how our firm can help you, give us a call today.

Nevada Revised Statute section 200.481: Battery in the State of Nevada

Battery is defined in Nevada law in Nevada Revised Statute section 200.481. According to the relevant statute, battery simply means any willful and unlawful use of violence or force against another person. A prosecutor must show that the force or violence was willful, which means that the prosecutor must show you acted intentionally when you engaged in the violent or aggressive act.

A person who commits a battery but who does not cause substantial harm, who does not use a deadly weapon, and who does not commit the battery against a victim who is given special legal protections, will be charged with a misdemeanor. However, if the battery is not committed with a deadly weapon but the battery is committed by strangulation or the battery causes substantial harm to the victim, then the defendant will be charged with a category C felony.

If the battery is committed upon a healthcare provider, an officer, a cab driver, a transit operator, a school employee, or a sports official carrying out his duties at a sporting event, harsher penalties are imposed. If the protected victim sustains substantial bodily harm or if the battery is committed by strangulation, a defendant can be charged with a category B felony as long as the defendant know of the victim’s special status. A category B felony could result in a minimum two year prison term, a maximum 10 year prison term, and a fine up to $10,000.

If a battery is committed upon a healthcare provider, an officer, a cab driver, a transit operator, a school employee, or a sports official and no substantial harm occurs, the defendant can be convicted of a gross misdemeanor unless the battery was committed with a deadly weapon.

Batteries committed by prisoners in custody, people on parole, or individuals on probation, he battery can still be a Category B felony even if no substantial bodily harm occurred and the battery was not committed by strangulation. The penalties in this case could include a minimum of one year and a maximum of six years imprisonment.

These are just a few examples of the specific penalties that could be imposed for different kinds of battery offenses. You should talk with your Nevada defense lawyer about the specific charges you are faced with.