Nevada Criminal Defense Lawyers

Assault and Battery


Both assault and battery are considered violent crimes. When people hear these terms they often envision a violent fight or an attack. This isn’t always the case, however. You can actually be found guilty of an assault charge without even touching another individual.

Charged with a crime in Nevada? Please call (888) 632-5650.
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If you are facing criminal charges of assault or battery, I can help. Whether you were defending yourself from another or if you got involved in something you wish you hadn’t—there are options available to you. Contact me today to discuss the details of your case and what steps you should take next.

Nevada Assault Laws

Between assault and battery, assault is the less serious of the two. This doesn’t mean assault is not a potentially grave criminal charge–you are at risk of jail time if found guilty of assault. Having an aggressive defense attorney in your corner can definitely help.

You may be charged with assault if the prosecution has reason to believe you:

  1. Unlawfully attempted to use physical force against another, or
  2. Intentionally placed someone in fear of immediate physical harm.

Yes, you can even be found guilty of this crime without even touching the alleged victim.

In general, assault is considered a misdemeanor crime and is punishable by up to 6 months in jail and fines.

Nevada Assault with a Deadly Weapon – Laws & Penalties

If you are accused of an assault as defined above and you used a deadly weapon like a gun in the commission of the offense, you could face Class B felony charges and a potential sentence of 1 to 6 years in a state prison.

Ref: NRS §200.471

Nevada Battery Laws and Penalties

Battery is defined by Nevada law as “any willful and unlawful use of force or violence upon the person of another”. There is no requirement of injury for battery. This simply means, if you use force on someone, whether or not you actually hurt them, you can be charged with battery.

A basic battery charge where there is no injury and no weapon used is considered a misdemeanor and punishable by up to 6 months in jail.

However, if the battery results in substantial injury or involves strangulation, you will face Class C felony charges. A Class C felony carries a potential sentence of 1 to 5 years in prison and fines reaching $10,000.

Battery with a Deadly Weapon

If you are accused of committing a battery as defined above and there was a deadly weapon present, you could face even more several charges. If the battery resulted in no injury, the applicable charge is a Class B felony, carrying 2 to 10 years in prison and $10,000 in fines.

However, if a deadly weapon is present and injury occurs, you could face a Class B felony with a potential sentence reaching 15 years in prison.

Ref: NRS §200.481

Both assault and battery charges can be elevated if they are committed against law enforcement, medical professionals, firefighters, state employees, and other various protected professions.

Provoking Assault Laws

Even provoking assault is considered a crime. In some places, this is referred to as “fighting words”. If you provoke another person to commit an assault with your words, gestures, or signs, you can be fined $500.

Ref: NRS §200.490

Being charged with an assault crime can be nothing short of life altering. Whenever your freedom is on the line, you have every right to be nervous and under a significant amount of stress. A qualified legal defense can help put your mind at ease.

If you are facing charges like assault or battery, contact me to discuss your case. I can offer you a free consultation and years of experience.