ASSAULT

Assault can be a misdemeanor, gross misdemeanor, or a felony depending on the facts and circumstances of the crime. Generally, "assault" is any "unlawful attempt to use force upon another person or putting another person in reasonable fear or apprehension of immediate bodily harm." This may include pointing an unloaded or loaded firearm at a person if the act causes the victim to reasonably believe that bodily harm is imminent. This may also include attempting to punch someone but failing to make contact during the punch. Assault differs from battery because assault does not require that the offender make contact with the victim. If during an assault the offender makes contact with the victim, this is a battery.

Battery can also be a misdemeanor, gross misdemeanor, or a felony depending on the facts and circumstances of the crime. Generally, a battery is any "willful and unlawful use of force or violence" upon another person. This may include pushing, slapping, spitting, and simply throwing an object at that person. Battery may also include an "offensive touching" and may be enhanced by the use of a deadly weapon. A "deadly weapon" includes any item that is inherently or functionally dangerous. "Inherently dangerous" items include guns or knives. "Functionally dangerous" items are ordinary items that could be used in a dangerous manner and cause substantial bodily harm, such as a baseball bat.

Battery may also be enhanced by the use of strangulation or if the battery results in substantial bodily harm. "Strangulation" means that the offender placed pressure on the neck of the victim to stop breathing or circulation and created a risk of death or substantial bodily harm. "Substantial bodily harm" means any injury that creates a substantial risk of death or that results in permanent disfigurement, loss, or that impairs of the function of any body part or organ. Substantial bodily harm may also include prolonged physical pain. "Prolonged physical pain" means any physical suffering or injury that lasts longer than the initial pain from the battery. For example, if the offender punches someone, this may cause immediate pain but also damage that lasts for an extended period of time.

A misdemeanor, gross misdemeanor, or felony conviction for assault or battery may result in consequences for some jobs, such as the revocation of some professional licenses. A conviction may also result in deportation or removal if the person is not a United States citizen. It is important to hire a knowledgeable criminal defense attorney to navigate these consequences and find weaknesses in prosecuting attorney's case. An experienced criminal defense attorney may also discover witnesses or evidence that the police missed. VASEK LAW can help you.

Assault without the use of a deadly weapon, or the present ability to use a deadly weapon is a Misdemeanor and is punishable by up to six (6) months in jail and a fine not to exceed $1,000. (NRS 200.471, NRS 193.150)

Assault on a Protected Person (ex. police officer, judge, healthcare worker) without the use of a deadly weapon or present ability to use a deadly weapon is a Gross Misdemeanor and is punishable by up to three hundred and sixty-four (364) days in jail and a fine not to exceed $2,000. (NRS 200.471, NRS 193.140)

Assault with Use of a Deadly Weapon or the present ability to use a deadly weapon is a Category B Felony and punishable by one (1) to six (6) years in prison and a fine not to exceed $5,000. (NRS 200.471, NRS 193.130)

Battery without the use of a deadly weapon, strangulation, or that results in substantial bodily harm is a Misdemeanor and is punishable by up to six (6) months in jail and a fine not to exceed $1,000. (NRS 200.481, NRS 193.150)

Battery on a Protected Person (ex. police officer, judge, healthcare worker) without the use of a deadly weapon, strangulation, or that results in substantial bodily harm is a Gross Misdemeanor and punishable by up to three hundred and sixty-four (364) days in jail and a fine not to exceed $2,000. Battery on a Protected Person by Strangulation or that results in Substantial Bodily Harm is a Category B Felony and punishable by two (2) to ten (10) years in prison and a fine not to exceed $10,000. (NRS 200.481, NRS 193.140)

Battery with Use of a Deadly Weapon that does not result in substantial bodily harm is a Category B Felony and punishable by two (2) to ten (10) years in prison and a fine not to exceed $10,000. (NRS 200.481)

Battery by Strangulation or that results in Substantial Bodily Harm without the use of a deadly weapon is a Category C Felony and punishable by one (1) to five (5) years in prison and a fine not to exceed $10,000. (NRS 200.481, NRS 193.130)

Battery with Use of a Deadly Weapon that results in Substantial Bodily Harm is a Category B Felony and is punishable by two (2) to fifteen (15) years in prison and a fine not to exceed $10,000. (NRS 200.481)

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Vasek Law, PLLC, Attorneys, Henderson, NV