As per our Las Vegas assault and battery attorney, NRS 200.471 defines an assault is an unlawful attempt to use physical force against another person, or intentionally placing another person in apprehension of immediate bodily harm. You need not have any physical contact with an intended victim of an assault. A battery involves the battering of another person. Pursuant to NES 200.481, this offense might be described as intentional harmful or offensive contact with another person. Both assault and battery are crimes in the State of Nevada, and they can be charged as misdemeanors or felonies. In either case, if you’re charged, you’re going to be in need of a Las Vegas assault and battery attorney right away.
The Contact Factor
According to our Las Vegas assault and battery attorney, the distinguishing factor between assault and battery in Nevada is contact. The maximum penalty for a misdemeanor conviction for either offense is six months in jail and a fine of up to $1,000. If aggravating factors are involved in the incident, one or more felony charges could result. For example, if a deadly weapon is involved, the charge is likely to be enhanced to a felony. Rather than a jail sentence, that could result in a lengthy prison sentence.
It’s perfectly within the prosecutorial discretion of the district attorney to charge a person with domestic violence, especially if the prosecutors think that they can prove the charge. Mitigating factors might influence an amendment of the charge to misdemeanor battery. A conviction on a first domestic violence offense can result in a sentence of between two and 60 days in jail and a fine between $200 and $1,000.
After an arrest for assault or battery, don’t give any type of a statement or confession. Exercise your right to remain silent along with your right to an attorney. The prosecution has the burden of proving you guilty beyond a reasonable doubt, so don’t give it the evidence that it needs to convict you on what might otherwise be a weak case. Contact a Las Vegas assault and battery attorney from our offices right away. Call 702-758-5858 to schedule a free, no-obligation consultation to review your case.