Nevada Battery with the Intent to Kill Attorneys

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What is Murder?

People with the intent to kill frequently express this purpose through murder or attempted murder. Murder is defined as homicide committed with malice.

Homicide is the intentional killing of a human person. When the individual accused of killing a human being does it with premeditation and forethought, homicide becomes murder.

In Nevada, How is Attempted Murder Defined?

Attempted murder is just the effort to take a human being’s life done with:

  • Planning
  • Deliberation
  • Recklessness
  • Taking a significant step toward murdering the victim

The substantial step does not involve causing the victim bodily harm.

In Nevada, How is Battery Defined?

Battery is defined as using purposeful, intentional, and criminal force or violence against a victim.

Battery Causing Serious Bodily Harm or Committed with a Lethal Weapon

The following batteries are considered felonies:

  • A battery that causes substantial bodily harm or strangulation (Category C felony) is punishable by one to five years in prison, a fine of up to $10,000, or both
  • Battery committed with a deadly weapon that does not cause substantial bodily harm (Category B felony) is punishable by two to ten years in prison, a fine of up to $10,000, or both
  • Battery with a deadly weapon committed by a prisoner or person on probation or parole against a member of a protected class engaged in the performance of his duties, resulting in substantial bodily harm or committed by strangulation (Category B felony), is punishable by two to fifteen years in prison.
  • Battery committed with a deadly weapon by a prisoner in custody or a person on probation or parole against a member of a protected class engaged in the performance of his duties is punishable by one to six years in prison
  • Battery with intent to commit mayhem, robbery, or grand larceny is punishable by two to ten years in prison, a fine up to $10,000, or both.

Deadly Weapons and Serious Bodily Harm

A deadly weapon is defined as either a weapon that is intrinsically likely to cause major injury or death, such as a gun or a large knife, or an object capable of causing significant injury or death under the conditions, such as a two-by-four or a metal pipe.

Substantial bodily harm is described as bodily injury that poses a significant danger of death, bodily injury that results in the loss or long-term impairment of a bodily organ or limb, or bodily injury that causes chronic pain (significantly longer than the pain immediately caused by the injury).

In Nevada, What is Battery with Intent to Kill?

The purposeful, intentional, and unlawful use of violence or force against a victim with the goal of killing them constitutes this offense. In other words, the offender means to murder the victim and intentionally injures them in the process.

This act is distinct from attempted murder and other sorts of murder. Assault and battery with intent to kill is an act of battery that occurs at the moment and is usually unplanned. In contrast, attempted murder requires conscious planning before it is carried out.

It is also distinct from assault and battery with serious bodily harm, which can be perplexing, given that inflicting pain could result in death. The difference here is that the intention to end the victim’s life is undeniable. Still, assault and battery with significant harm may include violent acts from which the victim may survive.

For example, the criminal punches and drags the victim towards a cliff, causing them to fall. It is clear that the suspect intended for the victim to die in the fall. In contrast, an assault and battery with significant bodily harm can include acts where the victim can survive, such as a hit to the head or a fall down the stairs.

Again, due to its complexities, it is a difficult topic to discuss, and you may require the assistance of a Nevada criminal defense attorney to understand your case better.

Is Battery with the Intent to Kill the Same as Battery with Serious Bodily Harm?

No. Battery involving serious bodily harm is defined as purposeful, intentional, and unlawful injurious contact with a victim. The hazardous touch produces significant bodily harm, such as:

  • Permanent disfigurement
  • Limb amputation
  • Organ function loss

The perpetrator’s intent to injure the victim has no bearing on whether they are guilty of committing the crime. The act of causing harmful touch to the victim without their permission with the particular purpose of committing homicide with malice is known as battery with intent to kill.

What Is the Penalty in Nevada for Battery with Intent to Kill a Victim?

Battery with intent to kill is a category B felony in Nevada. A person convicted of this offense faces two to twenty years in jail and $10,000 in fines.

Assault and Battery with the Intent to Kill Defenses

Similarly to other assault cases, you may argue that there was no assault or battery. You could argue that the victim lacks sufficient evidence to prove the crime and that there is no tangible evidence to link you to the encounters.

If there is solid evidence of you assaulting or beating the plaintiff, you might challenge the legitimacy of the evidence and claim that you did not intend to conduct a crime. That it was entirely coincidental, or that you have some mental issues, causing you to be unaware of what you are doing.

With this, you could try to reduce your assault and battery with intent to kill charges by conceding to the court that you just committed battery.

Beating someone could result in their death, which is not always what the culprit intended.

Probation, Suspended Sentence, and Sealing a Criminal Record

After a defendant has served any minimum prison sentence, a Nevada court can impose a suspended sentence and probation for felony assault or battery.

Restitution

In Nevada, a person convicted of assault or battery may be forced to make restitution as part of his punishment, as a condition of probation, or as a condition of a suspended sentence. Restitution entails repaying the victim for any expenses incurred due to the crime, such as medical care, counseling, or the restoration of destroyed property.

Pre-Trial Options and Pleas

Suppose you are charged with felony assault or battery in Nevada. In that case, you will benefit from an attorney who can research the matter and determine if you were unfairly prosecuted or if the case should be dismissed before trial for other reasons.

If the accusations are not dropped, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf or prepare a defense and represent you at trial if you believe you have been wrongfully accused or if no reasonable plea options exist.

Prosecutors will frequently negotiate and offer to let the defendant plead guilty to a less serious offense. In exchange for a guilty plea, the prosecution may agree to a lesser sentence, such as probation or less time in prison.

Do I Need to Consult an Attorney?

It is tough to defend yourself when accused of intending to kill someone, especially when you are also charged with violence. As a result, you must engage a Nevada criminal attorney to assist you with your case.

star-badge.png

16 people have successfully posted their cases

Find a Lawyer