Battery is a crime in Nevada. This crime is the intentional, willful, and unlawful use of violence or force against a victim without their consent. By itself, battery is a misdemeanor in the state of Nevada. The punishment for a misdemeanor is a maximum of 6 months in jail and/or a fine of up to $1,000. In Nevada, a person who is charged with committing battery may face a harsher sentence if there are aggravating factors involved in the commission of the crime.
What Are Aggravating Factors for a Battery Charge?
Aggravating factors are factors that increase underlying crime to a more serious criminal offense and, subsequently, a harsher punishment. For battery, there are a number of aggravating factors that will raise the crime to a felony, including:
- Domestic violence
- Resulting in substantial injury
- Committed with a deadly weapon
- Committed when the perpetrator intended to commit another crime such as robbery
What Is Robbery?
Robbery is a form of felony theft. It is the taking and carrying away of property owned by another individual without their consent. The person takes the victim’s property with the intent to permanently deprive, or take, the property. What makes it different than theft is that, in order to obtain the property, the person uses:
- Threat of force or violence
What Is Battery with the Intent to Commit Robbery?
This crime occurs when a person uses unlawful application of force against a person against their will. The application of force results in an offensive touching or physical harm to the victim. The battery is committed while the perpetrator is attempting to commit a robbery.
What Is the Punishment for This Crime in Nevada?
If it is found that the defendant intended to commit a robbery when they committed the battery, then the crime becomes a category B felony instead of being a misdemeanor. The punishment for a category B felony is two to 10 years in prison and possibly an addition fine of up to $10,000.
Do I Need to Speak with an Attorney?
Obtaining good legal representation for your battery with the intent to commit a robbery case can mean the difference between a long prison sentence and no sentence whatsoever. Contact a Nevada attorney immediately to determine how to proceed with your case.