Las Vegas Criminal Defense Lawyer
What Is The Crime of Battery?
Under Nevada law, a battery is a serious crime that carries with it serious penalties. If you’re facing battery charges, you need a serious lawyer that understands how to address these charges. At The Vegas Lawyers, our team of professionals can help you get these charges either reduced or dismissed. Yes, you read that right – reduced or dismissed. We understand what’s at stake. A charge of battery can follow you for years to come and wreak havoc on your reputation and career. Don’t let that happen to you. Get The Vegas Lawyers on your side and put yourself in a winning position.
Under Nevada law (specifically NRS 200.481), a “battery” is defined as any willful and unlawful use of force or violence upon the person of another. Some examples of conduct that would constitute a battery include the following:
● Pinching a person on the buttocks while at a casino pool party;
● Punching someone in the face;
● Slipping something into a person’s drink causing them to become ill or nauseous;
● Stabbing another person.
These are examples of conduct that can result in criminal charges of battery. The key element to the criminal charge of battery is the use of force or violence resulting in some type of physical contact. If the victim later dies as a result of a battery, the charges can be upgraded to murder. The victim does not need to be aware of the physical contact in order for a defendant to be charged with battery. All that matters is that the defendant acted intentionally and unlawfully.
DEFENSES TO BATTERY CHARGES
There are a number of viable defenses to battery charges. Among them are the following:
● Lack of intent. For example, Victor is a mime who is incredibly gifted at appearing lifeless like a statue. One day while performing on the sidewalk and standing completely still, he is urinated upon by Bruno who doesn’t realize that Victor is an actual person. Can Bruno be prosecuted for battery? Probably not. Why? Because Bruno didn’t know that Victor was an actual person. Thus, he didn’t intend to commit a battery because he thought he was urinating on an object rather than an actual person. Without intent, there is no crime.
● Self-defense. For example, Maurice is being mugged by Henry who is also brandishing a knife. Fearing for his life, Maurice grabs a rock from the ground and strikes Henry in the head knocking him unconscious. Can Maurice be prosecuted for battery? The answer is no because Maurice reasonably feared for his safety under the circumstances and reacted in self-defense. Whether self-defense is a good defense to a battery charge depends upon the specific facts of the situation.
● Consent. There is no battery if the “victim” expressly or impliedly consents to the physical contact. For example, Jumbo and Tiny are on the varsity football team. One day during football practice, Jumbo tackles Tiny with a crushing blow while Tiny is sprinting towards the end zone with the football in hand. Can Jumbo be charged with battery? The answer is no because Tiny impliedly consented to the contact when he agreed to play football which is a contact sport.
PENALTIES FOR BATTERY
If the defendant doesn’t use a deadly weapon and commits a battery resulting in minimal physical harm to the victim, then he will likely be charged with simple misdemeanor battery which carries up to 6 months in jail and a penalty up to $1,000.
If the defendant doesn’t use a deadly weapon but was in custody, in prison, on parole or on probation when he committed the battery, then he can be charged with a category B felony which carries a penalty of between 1 to 6 years in jail.
If the defendant doesn’t use a deadly weapon but the victim sustains substantial bodily harm or is strangled, then the defendant can be charged with a category C felony which carries a jail term of between 1 to 5 years and a monetary fine up to $10,000.
If the defendant uses a deadly weapon and there is no substantial bodily harm or strangulation, then the defendant can be charged with a category B felony which carries a 2 to 10-year jail term and a fine up to $10,000.
If the defendant uses a deadly weapon and there is substantial bodily harm or strangulation, then the defendant can be charged with a category C felony which carries a 2 to 15-year jail term and a fine up to $10,000.
THE VEGAS LAWYERS CAN HELP YOU IF YOU’RE CHARGED WITH BATTERY
A battery charge can have consequences for your career and social standing. Having a “battery” charge on your record can subject you to greater scrutiny when it comes to many different areas of life. You don’t want to be charged with battery. However, if you do, you can’t afford to gamble with your lawyer. You need The Vegas Lawyers on your side. Our amazing team of talented professionals can help you with your battery charge by having it reduced or dismissed depending upon the circumstances.
Call today at (702) 707-7000 for a confidential consultation. The Vegas Lawyers can help you get justice.