What Is the Difference Between Assault and Battery in Nevada Criminal Law?

The offenses of assault and battery are separate crimes under Nevada criminal law. There is often confusion about the difference between them. Each offense has specific elements, separate penalties, and different potential defenses. It is important to understand each offense if you are charged with one or the other (or both).

Nevada Definitions of Assault and Battery

The respective statutory provisions that define assault and battery are the best starting point for understanding the offenses. NRS § 200.471 provides a straightforward definition of assault as:

         (1) Unlawfully attempting to use physical force against another person; or

(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

One of the most important facts about the offense of assault, based on the definition, is that no actual contact is necessary for the crime of assault to be committed. Subsection (1) requires only an unlawful attempt to use physical force against another individual, and subsection (2) requires only intentionally placing another person in reasonable fear of immediate bodily harm.

In contrast, NRS § 200.481 defines battery as “any willful and unlawful use of force or violence upon the person of another.”  As defined in Nevada law, battery requires actual physical contact. The type of contact may be striking, pushing, hitting, punching, or any other intentional act of physical contact that results in the use of force or violence on another person.

Either assault or battery may constitute a misdemeanor or felony in Nevada, depending on the circumstances surrounding the charge. Simple assault and simple battery are typically misdemeanors. Aggravated assault and aggravated battery are more serious. The presence of aggravating factors increases the significance of the charge and the potential severity of the penalties.

Both offenses may also be more serious based on involvement of a weapon, nature of the injuries, or the character of the victim as a member of a class of specifically protected persons, such as law enforcement officers, judges, health care providers, and other protected classes. The nature of offense and circumstances determine the seriousness of the charge, which affects the potential fine, incarceration, and other consequences.

Defending Against an Assault or Battery Charges

An experienced criminal defense attorney uses specific strategies and tools to defend against a charge of assault or battery. These charges often arise out of a misunderstanding, disagreement, misidentification, or other interaction between two persons. The defense attorney carefully analyzes the details of the interaction that led to the charges to identify all potential options for a defense. In a specific case, defenses to an assault or battery charge may include, but are not limited to:

•  If the victim used force to protect themselves from immediate harm, self-defense could be a valid defense to either assault or battery, as long as the force was proportionate to the threat and reasonable. Similarly, a person who acts to protect another person from immediate harm may be able to assert that force as a defense.
• For both assault and battery, lack of intent may be a defense, if the conduct in question was accidental and not intentional or willful. In addition, a defense may arise if an alleged victim consented to the conduct, such as in situations of mutual combat or physical activities to which the victim agreed.
• Finally, false claims of assault or battery may occur because of a misunderstanding or even the malicious intention of the alleged victim, which may provide the basis for a defense.

If you face any type of assault or battery charge, it is essential to work with your criminal defense attorney to identify all of the detailed aspects of the circumstances that led to the charges, in order to develop all potential defenses.

Specific Assault and Battery Charges

Nevada law has many individual types of assault charges and battery charges. The following list provides examples, but it is not an exhaustive listing of all the possible offenses:

• Battery domestic violence
• Assault with a deadly weapon
• Battery causing substantial bodily harm
• Battery with a deadly weapon
• Battery with the intent to kill
• Battery with the intent to commit sexual assault

Regardless of the assault or battery charge you face, representation by an experienced criminal law attorney provides you with the best opportunity for defending against the charge.

Schedule a Free Consultation with an Experienced Las Vegas Assault and Battery Defense Attorney

For any type of assault or battery charge, it is essential to have an experienced, knowledgeable attorney represent you. By their nature, assault and battery charges are extremely complex. Depending on the circumstances, a conviction or guilty plea can carry very severe consequences, including substantial prison terms and fines. Having a conviction on your record can significantly and adversely affect many aspects of your life as well.

You need a trusted, experienced criminal defense attorney who understands the laws, knows the local criminal justice system, and knows how to investigate and analyze evidence. If you are facing an assault or battery charge in Las Vegas, Henderson, or elsewhere in Clark County, you should talk with Las Vegas attorney Joseph Gersten. He will discuss and evaluate your case based on his extensive investigative background and Las Vegas criminal defense experience.

Your initial consultation is free-of-charge. Call 702.857.8777 or complete our online form to schedule an appointment.