ASSAULT & BATTERY ATTORNEY IN HENDERSON, NEVADA

Attorneys BRIAN VASEK and MARYAM VASEK frequently assist battery and assault clients in Las Vegas, North Las Vegas, and Henderson, Nevada. VASEK LAW also serves battery and assault clients in Mesquite, Laughlin, and Boulder City. When consulting with new clients about a battery or assault, some of the most frequent questions that Attorneys Brian and Maryam receive include the following:

  • What is the difference between a battery an an assault?
  • What if I didn't mean to hit the person?
  • What if I was under the influence of alcohol?
  • What if this is my first offense?
  • How will this affect my job?

VASEK LAW can answer these questions and many more. Attorneys Brian and Maryam have helped countless battery and assault clients in Southern Nevada. However, not every battery or assault 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. Attorneys Brian and Maryam are here to help and to discuss your case. They even offer FREE CONSULTATIONS.

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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." 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 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.


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 200.471NRS 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 200.471NRS 193.140ASSAULT 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 200.471NRS 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 200.481NRS 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 193.140BATTERY 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 200.481BATTERY 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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MEET THE VASEKS

Attorneys BRIAN VASEK and MARYAM VASEK founded VASEK LAW to provide criminal defense clients the time, attention, and care they deserve. They are committed to achieving the best results possible for each client. READ MORE ABOUT VASEK LAW HERE. READ WHAT CLIENTS HAVE TO SAY HERE.