Nevada Laws on Assault And Battery

Although assault and battery are both seen as similar crimes by most people, they have different definitions according to the laws of Nevada. The major aim of this post will be to ensure that such differences are pointed out. Also, you will know the penalties or punishments that do follow crimes of such nature.

Assault vs. Battery

According to the law of Nevada, someone is guilty of an assault when he scares or intimidates another person. In a nutshell, it is committed when someone decides to threaten another person. Battery is an offence which goes beyond a threat. It is the act of touching someone in a violent way that leads to injury. Battery crimes in Nevada are committed with the use of deadly weapons by offenders.

What actually constitutes a deadly weapon?

According to the law, this is any item which is used to inflict injury. It could be a substance, material, instrument or device provided it can also cause serious injury or even death.

Are these crimes (battery and assault) considered as felony?

It is possible for them to be considered as felony by a jury. The available evidence of the crime and details are major determining factors. For instance, without substantial evidence of deadly weapon being involved, they can be seen as either misdemeanor or gross misdemeanor. These can attract a jail term of 6months (maximum). There is also a fine of $1,000

 

On the other hand, once there is evidence that a deadly weapon is involved, it can be grouped as felony.  This can attract a jail term of 1 – 5 years. Also, there is a fine of $5,000 that comes with it in the case of assault. For battery, the jail term to be served ranges from 2 – 10 years. There is also a fine of $10,000.

 

Other instances where assault and battery can be seen as felony by the law are:

  • When the offender is already serving a jail term
  • When the victim is considered to be a member of a protected class like doctors, school employees, fire-fighters, and police officers
  • When the battery leads to substantial harm. This is grouped under category C felony and attracts a jail term of 1 – 5years imprisonment. There is also a fine of $10,000.
  • When the battery is carried out with the intention of committing grand larceny, mayhem or robbery.

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Batteries with the intention of committing a crime

According to the laws of Nevada, Some of them are:

  • Battery with the intention of getting the victim killed. Crimes of this nature do fall into category B felony attracts a jail term of 2 – 21years imprisonment.
  • Battery with an intention of committing sexual assault. This is grouped under category A felony and can attract life imprisonment. There is also a fine of $10,000.

Suspended Sentence

This is also known as probation. It happens when a suspended sentence for felony assault is imposed by a Nevada court after the minimum prison sentence has been served by a defendant.