ASSAULT & BATTERY ATTORNEY IN HENDERSON, NEVADA

VASEK LAW frequently accepts assault and battery cases in Las Vegas, North Las Vegas, and Henderson, Nevada. Attorney BRIAN VASEK also serves assault and battery clients in Mesquite, Laughlin, Searchlight, and Boulder City. When consulting with new clients about an assault or battery, some of the most frequent questions that Brian receives include the following:

• What is the difference between an assault and a battery?

• What if this is my first offense?

• What if I was trying to defend myself?

• What if it was an accident?

• What if I was under the influence of alcohol?

• How will this affect my job?

VASEK LAW can answer these questions and many more. Brian has helped countless assault and battery clients in Southern Nevada. However, not every assault or battery case is the same and the outcome of the case may depend upon many factors, such as where the case was filed, what judge is handling the case, what prosecuting attorney is handling the case, a person's prior criminal history, and possible defenses. A 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 an experienced, knowledgeable criminal defense attorney to navigate these consequences and find weaknesses in prosecuting attorney's case. An attorney may also discover witnesses or evidence that the police missed. Speak with Brian to discuss your options and before taking further action.

ASSAULT

In the State of Nevada, assault can be a misdemeanor, a gross misdemeanor, or a felony depending on the facts and circumstances. Generally, an "assault" is any "unlawful attempt to use force upon another person or putting another person in reasonable fear or apprehension of immediate bodily harm." An assault 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. An assault 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 person make contact with the victim. If during an assault the person makes contact with the victim, a battery has occurred instead.

BATTERY

In the State of Nevada, battery can also be a misdemeanor, a gross misdemeanor, or a felony depending on the facts and circumstances. Generally, a battery is any "willful and unlawful use of force or violence" upon another person. This may include pushing, slapping, spitting, throwing an object that strikes a person, or simply an "offensive touching." A battery may also be enhanced by the use of a deadly weapon, which is 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 person 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 person punches someone, this may cause immediate pain but also damage that lasts for an extended period of time.

VASEK LAW strongly encourages you to speak with an experienced, knowledgeable criminal defense attorney to analyze your case. An arrest or citation for assault or battery does not guarantee a you will be charged with a crime, although it is statistically more likely than not. VASEK LAW therefore encourages you not to feel pressured to retain an attorney immediately without first understanding all options and to speak with multiple attorneys (not just case manages and non-attorney "specialists") about what may happen next. The outcome of your case may depend upon factors such as where your case is filed, what judge your case is assigned, what prosecuting attorney is responsible for your case, and your prior criminal history and ties to the community. You should never accept a deal at your first court appearance without having reviewed your discovery, such as police reports, witness statements, and body camera footage. An experienced, knowledgeable criminal defense attorney will know how to obtain this discovery and should also know how each court, judge, and prosecuting attorney approaches assault and battery cases differently. Attorney BRIAN VASEK is here to help and to discuss your case. He even offer FREE CONSULTATIONS.

PENALTIES

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, healthcare worker, etc.) 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 THE 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 BY STRANGULATION or that results in SUBSTANTIAL BODILY HARM without the use of a deadly weapon is a Category C Felony and punishable by up to one (1) to five (5) years in prison and a fine not to exceed $10,000. (NRS 200.481, NRS 193.140).

BATTERY ON A PROTECTED PERSON (ex. police officer, healthcare worker, etc.) 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. (NRS 200.481, NRS 193.140) 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)

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 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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