The difference between assault and battery is a matter of intention and whether or not touching occurred. Generally, Nevada defines assault as putting someone in fear and apprehension of physical harm. Battery is defined as unlawful touching (i.e., hitting, kicking, biting, pushing, etc.).

For example, suppose a person unintentionally bumps into another person at a busy supermarket. In that case, they’re not guilty of either assault or battery since there is an expectation that unintentional collisions will occur. However, if that same individual waits for you in a parking lot outside of the grocery store and intentionally bumps into you, that may be considered battery.

Watch this video and keep reading to learn more:

How Nevada Laws Define Assault And Battery

Both assault and battery can be charged as misdemeanors or felonies depending on the case’s circumstances. For instance, a simple assault and battery charge will be punished less harshly than assault and battery with a deadly weapon.

What Are Battery Charges In Nevada?

According to NRS 200.481, battery is defined as any intentional and illegal use of force or violence against another individual. It’s important to note that battery is a separate charge from “battery which constitutes domestic violence” (NRS 200.485).

Battery without a deadly weapon or bodily injury is a misdemeanor offense in Nevada.

However, if the act of unlawful touching resulted in bodily injury, involved a dangerous weapon, or was against a protected class (i.e., police officer, medical provider, gaming official, etc.), defendants could face felony charges.

Penalties For Battery Charges

The consequences of battery charges in Nevada depend on the specifics of the alleged crime. Listed below are some of the most common types of battery offenses and correlating punishments in Nevada.

Battery Offenses in Nevada	Penalties for Battery
Battery without a deadly weapon (That does not cause bodily harm or committed by strangulation)	MisdemeanorUp to 26 weeks in jailMaximum fines of $1,000
Battery that involves serious injuries or strangulation	Category C felony Up to five years imprisonment, minimum 1-year Fines up to $10,000
Battery where the victim belongs to a protected class	Gross misdemeanor or felony – depending on the chargesLess than a year in jail (if no injuries or strangulation)Between 2 – 15
Battery With a Deadly Weapon (not involving serious bodily injury or strangulation)	Category B felony Up to 10 years in prison, minimum 2-yearsUp to $10,000 in fines (if committed outside of police custody, parole, probation, or correctional facility)
Battery with a deadly weapon involving serious injuries or strangulation	Category B felonyUp to 15 years imprisonment Up to $10,000 in fines

What Are Assault Charges In Nevada?

Nevada defines assault as the unlawful act or attempt at unlawful use of force against another person or causing a “reasonable” fear or apprehension of bodily harm (NRS 200.471). Unlike battery offenses, assault doesn’t require the victim to be touched or physically harmed.

For example, if an individual threatens to “beat up” another person, they can be charged with assault.

How long can you go to jail for assault? That depends on many factors. Continue reading to learn about assault laws and penalties in Nevada.

Penalties for Assault Charges

The consequences for committing assault in Las Vegas (or anywhere else in Nevada) vary depending on how, where, with what, and upon whom the crime was committed. Take a look at the table below.

Assault Offenses in Nevada	Penalties For Assault
Assault without a deadly weapon	MisdemeanorUp to 26 weeks in jail Potential fines of $1,000
Assault against a protected class member (not involving a deadly weapon)	Gross misdemeanorPotentially 1-year in jail Up to $2k in fines
Assault with a deadly weapon	Category D felonyMaximum 4-year imprisonment, minimum 1-year in prison Fines up to $5k

How To Defend Against Assault And Battery Charges In Las Vegas

Due to the interpersonal nature of assault and battery offenses, many cases are built on faulty evidence, shaky eyewitness testimony, and a lack of credible evidence. With that in mind, there are various potential defenses available, depending on the circumstances.

They include, but are not limited to:

1. It was a misunderstanding
2. It was an accident
3. The assault and/or battery were committed in self-defense
4. Falsely accused
5. There was no fear of immediate serious injury

Successfully defending against assault and battery allegations can be complex, confusing, and an uphill battle. That’s especially true without an experienced attorney for assault and battery charges in your corner.

A grand jury decides whether or not the state of Nevada has enough evidence to charge an individual with a serious felony offense. It’s important to note that a grand jury indictment does not mean that the defendant is guilty.  It’s up to a trial jury to decide guilt.   

The grand jury process in Nevada is often a good indicator of how a criminal trial will go. If you’re facing a grand jury procedure or have already been indicted by a Clark County grand jury, it’s essential to consult with a proven Las Vegas criminal defense lawyer as soon as you can.

In this article, we cover:

What Is A Grand Jury?

A Nevada grand jury is a group of citizens (16 – 20 people) empowered by Nevada state law to determine whether enough evidence exists to indict (prosecute) an individual for breaking the law.  

According to NRS 172.105, a grand jury may convene to “inquire into all public offenses” committed within the district court’s jurisdiction. The prosecution can use a grand jury to seek indictments for any type of crime.

However, since the grand jury process can be long and resource-intensive, district attorneys typically reserve grand juries for high-profile cases or serious felony offenses.  Further, most serious federal offenses require a grand jury indictment before federal charges are filed in Nevada (federal grand juries are comprised of between 16-23 persons).

What’s The Grand Jury Process In Nevada?

The grand jury process can take anywhere from a few months to much longer. The Nevada grand jury process generally includes the following:

• Notice is given to the defendant prior to the proceeding

• The prosecution presents evidence to the grand jury (i.e., witness testimony, affidavits, and other types of evidence)

• The defendant testifies (not recommended by most criminal defense attorneys)

• The grand jurors deliberate and issue an indictment or dismissal

What’s The Difference Between A Grand Jury And A Trial Jury?

Both grand juries and “petit juries” comprise a group of citizens to determine certain outcomes of a case. Take a look at a few key differences between a criminal trial jury and the grand jury system in Nevada in the chart below.

	Grand Jury in Nevada	Criminal Trial Jury in Nevada
Number of Members	16 – 20	12
Random selection of citizens	Yes	Yes
Secret deliberation	Yes	Yes
Public Proceeding	No	Yes
Unanimous decision required by jurors	No (12 or more must concur)	Yes
Attorney Present During the Proceeding	No	Yes
When the Proceeding Occurs	Before charges are filed	After charges are filed
Outcome	Indictment/prosecution OR dismissal	Guilty or Not Guilty
Eligible for Appeal	No	Yes
Preliminary Hearing	No	Yes

It’s important to note that an individual can’t request a grand jury. Generally, the district attorney decides to convene a grand jury proceeding or prosecute the case.

Also, criminal defense lawyers are not allowed to be present during a grand jury proceeding. However, a witness attorney may be present – so long as they don’t violate any of the grand jury rules for attorneys outlined in NRS 172.239.

When Is A Grand Jury Used In Nevada?

The majority of state-level criminal charges in Nevada don’t involve the grand jury system. Typically, the district attorney charges the defendant with a crime via an “information.”  After charges are filed, the case goes to the pretrial phase.

The prosecution is more likely to use a grand jury when a case involves serious felony offenses. Additionally, the district attorney may opt for a grand jury indictment in high-profile criminal cases.

It’s important to note that an individual can still face indictment by a grand jury even if the court previously dismissed charges brought via an information.

What Is A Grand Jury Indictment And Does It Mean A Person Is Guilty?

What Evidence Does A Grand Jury Need To Indict In Nevada?

Under NRS 172.155, a grand jury can issue an indictment under the following conditions:

1. The evidence presented to the grand jury (“taken together”) establishes probable cause that a criminal offense occurred.

2. There is probable cause that the accused is the person that committed the offense.

It’s important to note that a defendant can object to the “sufficiency of evidence” presented to the grand jury by applying for a writ of habeas corpus. However, it’s recommended that you consult with an attorney before doing so.

What Happens After A Grand Jury Indictment?

As stated earlier, the grand jury system in Nevada does not determine guilt.  Instead, it’s just a conclusion that there is enough evidence to proceed with criminal charges. What happens after a grand jury indictment can include the following:

• Depending on the case, the accused may be arrested

• If the accused or defendant is already arrested, a judge may set bail or other pretrial release conditions

• The defendant enters a guilty or not-guilty plea during arraignment

• Plea bargain negotiations with the prosecution  (depending on the circumstances)

• The case moves forward to trial if the defendant enters a not guilty plea

If you’re facing indictment by a Clark County grand jury or have already been indicted, it’s in your best interest to consult with an experienced criminal defense attorney as soon as possible.

Driving in Nevada, like every other state, is considered a privilege, and not a right.  This means that drivers can have their license revoked or suspended by the Nevada Department of Motor Vehicles (“DMV”).  In these cases, unlicensed drivers would have to find other means of transportation.  However, too often unlicensed drivers make the unfortunate choice to continue driving — increasing their risk of serious fines and imprisonment and the risk of injuring other drivers on the road.  If you’re among these people that make this choice, you need to be aware of what can happen if you get into an accident while driving on an expired license. 

The Dangers Posed By Unlicensed Drivers In Nevada

A study by the AAA Foundation for Traffic Safety found that among drivers involved in fatal car accidents, 6.7% had a license that had been suspended or revoked, 1.1% had a denied or expired license and 5% were unlicensed.  In sum, 18.2% or almost a quarter of all fatal car accidents involved an unlicensed or invalidly licensed driver; these crashes led to the deaths of 21,049 people. 

About 50% of all car accidents involving unlicensed drivers were by drivers between 21 and 34 years of age.  Furthermore, half of all fatal accidents involving unlicensed drivers occurred while the driver was under the influence of alcohol.  One-third of drivers without a license were under the age of 20 and predominantly male. 

Punishment and Penalties 

In Nevada, driving without a license or with an expired license is a misdemeanor punishable by up to $1,000 in fines and up to six months in jail.  However, judges typically only impose a fine.  Some defendants may even have their license suspended and would need to apply for reinstatement.

For drivers who simply forgot to bring their license with them when driving, the violation may be dismissed if the defendant can provide proof that they were licensed at the time of the violation.  Drivers with a recently expired license, however, are unlikely to have their charges dropped.

Drivers with an expired license who get into a car accident can still file a claim against the at-fault driver’s insurance carrier.  But the situation gets more complicated if the unlicensed driver is at fault.  The unlicensed driver’s insurance company may refuse to pay for the other driver’s damages, and the unlicensed driver will be held responsible.

Drivers with a suspended or revoked license because of a DUI who get caught or end up in a car accident will face much more serious consequences which can include the following:

• Minimum 30 days in jail or 60 days of house arrest
• Fine of $500-$1,000 and/or
• One year of revoked driving privileges

Why Seek Legal Help

It’s important to seek legal representation if you’ve been arrested for driving with a revoked or suspended license. There are three instances in which charges may be dropped.

• Incorrect DMV records show a suspension or revocation.

Drivers may be incorrectly charged and arrested if DMV records show errors on the driver’s record or if the driver is not found in the system. In these cases, it’s important to have a lawyer accurately present the facts on behalf of the defendant and the charges will be quickly dropped.

• The driver was unaware of a change in their license status.

In the State of Nevada, DMV is required to notify drivers by certified mail or by law enforcement of their revoked driving privileges. The prosecution is required to show proof of delivery, such as a signature accepting hand delivery or a certified letter. Drivers who have their license revoked or suspended cannot be charged for driving unlicensed until eight days after the notice has been mailed.

• The suspension or revocation period has ended.

Individuals who drive after the period of punishment has ended but before their license is reinstated, should be charged with “driving without a license,” rather than driving with a suspended or revoked license.  In these cases, the prosecution would have to request the erroneous charges to be dismissed and have to file new charges. A good defense lawyer could help persuade the prosecutor that this is not a good use of their time.

Driving On An Invalid Drivers License Is A Serious Matter

Driving on a suspended, expired or revoked drivers license is a serious matter than can have a real impact on your life or the life of another.  While this blog is not intended to be legal advice and nor should you rely upon it as such, it is intended to help educate you on the dangers of driving without a valid license.  At The Vegas Lawyers we handle these types of cases and have helped thousands of drivers get their DUI or DMV issues handled properly.  We can do the same for you.  

Nevada is officially a state of “second chances.”  In fact, the Nevada legislature passed a law in 2017 (NRS 179.2405), declaring “that the public policy of this State is to favor the giving of second chances to offenders who are rehabilitated and the sealing of the records of such persons.” 

What does this mean in practical terms?  It means that in certain circumstances you can have your state criminal records “sealed” as if you never had a record in the first place.  Once sealed, your prior state criminal record will no longer appear in criminal databases subject to private investigators and you can truthfully answer “no” if asked whether you have a criminal record. 

At The Vegas Lawyers, we handle record sealing on a routine basis.  As a paralegal for the firm, I am frequently asked questions about the process by potential clients.  Although I am not a lawyer and nothing in this blog should be taken as legal advice, I do have some observations to share as the paralegal of a busy law practice that might help answer some common questions about the process of sealing records.  Basically, there are 3 main things to know. 

SEALING CRIMINAL RECORDS IN NEVADA IS A LENGTHY PROCESS AND SUBJECT TO THE DISCRETION OF A JUDGE 

The first thing to understand at the outset is that sealing records in Nevada doesn’t just happen overnight.  Depending upon the type of criminal history one might have, there is a waiting period before you can even apply for record sealing.  For example, if you were charged and convicted of a Category A felony, such as a crime of violence, it takes 10 years after you complete your sentence and/or probation or parole before you can even request to seal your records.  For less serious crimes, like Category E felonies and Gross Misdemeanors, you have to wait only 2 years after your sentence and/or probation or parole ends before you can request to seal a record.   

Once you finish your sentence and become eligible to seal your records, you have to comply with a number of steps, including submitting your records to the District Attorney’s (“DA”) Office for approval.  Even if the DA’s Office agrees that you’re eligible for having your records sealed, a Nevada judge must still approve the request.  The judge has the ultimate discretion to deny a request to seal a state criminal record even if the person making the request is otherwise eligible for relief.  In other words, nothing is guaranteed and a judge always has final say on the matter. 

As mentioned earlier, record sealing is not an immediate process.  Based upon my experience, it can take anywhere between 6-12 months to process a request to seal criminal records.  With this in mind, anyone wishing to have his or her state criminal record sealed must be patient and be prepared for a lengthy bureaucratic process. 

YOU SHOULD HAVE A LAWYER ASSIST YOU

Many people mistakenly believe that record sealing is a straightforward and easy process.  I am here to tell you that it’s not.  First, in order to seal records, you have to request records from all applicable law enforcement agencies you might have been arrested by.  After that, you have to have an application submitted to the District Attorney’s Office for their review.  This application will require a number of different forms. 

If those forms aren’t properly completed, the application will be rejected.  Only after the DA has reviewed and approved can a person then apply to a Nevada District Court Judge to have his or her record sealed.  The Judge has the discretion to deny the request to seal records, even if the DA’s Office is onboard with your request.  Does any of this sound straightforward or easy to you? 

Most people choose not to cut their own hair or operate on themselves, leaving those tasks to professionals.  When dealing with your legal rights, the same attitude and approach should be taken.  Why chance having your application to seal your criminal records rejected when you can have the peace of mind knowing a law firm like The Vegas Lawyers, which handles these types of requests on a routine basis, can help you get it right the first time.  At The Vegas Lawyers, we don’t just help put together the best possible application for you, we make sure it is compelling and has the best possible chance of being accepted. 

SOME CRIMES CAN NEVER BE SEALED

Perhaps the biggest myth that exists about sealing records is that it applies to all crimes.  Not true.  Under Nevada law, crimes against children, sexual offenses and felony DUIs cannot be sealed.  If you were dishonorably discharged from probation, even if the crime for which you were serving a sentence is subject to sealing, you can’t apply for record sealing because of the dishonorable discharge.

In addition to knowing what crimes cannot be sealed, it’s also important to understand that record sealing only applies to Nevada crimes.  If you have a federal criminal record, that cannot be sealed and is not subject to the state law on record sealing.  Also, its important to understand that government authorities, especially federal law enforcement, will always have access to your sealed records.  When you think of record sealing you should understand that what’s being sealed is information accessible to private investigators, employers and other private parties.  The government will always be able to access your criminal record.

The purpose behind the record sealing law is good and well intentioned.  People make mistakes in life and should have an opportunity at a second chance.  Getting records sealed is not easy but with the right legal team in your corner, it is achievable.           

Historically, a person convicted of a felony was barred from voting in most states.  However, times are changing.  With greater focus upon and scrutiny of the criminal justice system, there has been much discussion in recent years about the need for rehabilitation and restoration of civil rights for ex-felons.  Today, all but approximately 11 states allow ex-felons to vote upon the completion of their term of imprisonment. 

The rationale behind this modern trend to restore voting rights is that once a person has “paid their debt to society,” they should be permitted to regain their civil rights as a form of rehabilitation.  In other words, the stigma of being an ex-felon should not permanently alienate a person from the rights enjoyed by all other persons in society, especially where a person has satisfied his or her criminal sentence.

NEVADA, LIKE MOST STATES, ALLOWS EX-FELONS THE RIGHT TO VOTE

In July 2019, the Nevada legislature passed Assembly Bill 431 which made it legal for any Nevada resident previously convicted of a felony offense to have the right to vote immediately restored upon the individual’s release from prison.  What does this mean in practical terms?  It means that if a person is convicted of a felony offense and serves prison time, the day he or she is released from prison the right to vote is automatically restored – even if they still have to serve a period of supervised release or parole/probation. 

There is no waiting period and there is no distinction in terms of category of felony.  Whether a person was convicted of a low-level felony or a major felony, it makes no difference.  Upon release from prison, the right to vote is restored automatically and immediately. 

If a person’s voter registration was cancelled because he or she was in prison, the person may re-register to vote upon release from prison without having to show proof of voting rights having been restored.  That’s the whole point of the new Nevada law.  Voting rights get restored automatically.  Irrespective of whether a person has a felony conviction on their record, all that matters is that he or she only needs to satisfy the general voting requirements applicable to everyone else seeking to register to vote in Nevada.   

GENERAL VOTING REQUIREMENTS IN NEVADA

Although persons previously convicted of a felony can now vote in Nevada, they must still satisfy the general requirements to do so.  These include the following:

1. Must be a United States citizen;
2. Must be at least 18 years old by the date of the next election (or at least 17 years old if preregistering to vote);
3. Must have continuously resided in Nevada and the county for at least 30 days before the next election; and
4. Must have continuously resided in the precinct for at least 10 days before the next election. 

While a person with a felony conviction can now vote in Nevada, he or she cannot register to vote while in prison.  The person must wait to finish/complete his or her term of incarceration before registering to vote.

FELONY CONVICTIONS FROM OTHER STATES OR THE FEDERAL SYSTEM DON’T AFFECT VOTING RIGHTS IN NEVADA

What if a person was convicted of a felony in another state that doesn’t allow ex-felons the right to vote and they now live in Nevada?  Can that fact prevent a person from voting?  The answer is no.  Nor can a federal conviction. 

It doesn’t matter whether a person was convicted in the federal system or another state.  If he or she satisfies the general voting requirements in Nevada, then that person is eligible to vote.  To learn more about how to register to vote, click here. 

WHAT DOES THE FUTURE HOLD WITH RESPECT TO OTHER CIVIL RIGHTS?

Although the restoration of voting rights for persons with felony convictions is a major development, there are a number of other civil rights (e.g. right to serve on a jury, right to own/possess a firearm) that remain lost to persons with felony convictions. 

For example, in Nevada, a person with a felony conviction may not own a firearm.  The law, specifically Nevada Revised Statute 202.360, precludes a person with a felony conviction from not only owning but also possessing a firearm.  While this law makes sense in the context of persons previously convicted of violent crimes, does it make sense to preclude a person convicted of a felony crime involving non-payment of federal taxes from owning or possessing a firearm?  Shouldn’t there be a distinction between certain types of crimes? 

Society’s views are constantly evolving and changing.  Undoubtedly, there will be further discussion and debate in society about a number of other laws and their impact upon persons with felony convictions. 

GET THE VEGAS LAWYERS IF YOU FIND YOURSELF IN TROUBLE

Facing criminal charges can be stressful and potentially damaging to a person’s career and life.  It’s extremely important to have the right lawyer in your corner.  If you find yourself facing criminal charges in Las Vegas, Henderson or North Las Vegas, get The Vegas Lawyers.  We have an all-star team of lawyers and paralegals ready to help you.  Call us direct at (702) 707-7000.