In Nevada, simple battery is harmful contact done without the permission of the victim. The harmful contact causes minor injury to the victim. Simple battery is a misdemeanor in the state. It is punishable by six months in county jail and/or $1,000 fine. In some criminal cases, a judge may sentence a person to community service instead of jail time.
What Is the Crime of Battery with a Deadly Weapon in Nevada?
Battery with a deadly weapon is the non-consensual contact with a victim while using some instrument designed and created to cause serious injury or bodily harm. Non-consensual contact means making offensive contact or causing injury to a victim without their permission.
What Type of Instruments Are Considered Deadly Weapons?
Deadly weapons typically include firearms, such as shotguns and pistols. They also include:
- Baseball bats
- Brass knuckles
Is Assault with a Deadly Weapon the Same Charge as Battery with a Deadly Weapon?
No. Assault with a deadly weapon is a separate crime. That particular crime consists of either placing a person in fear of an imminent battery while using a deadly weapon or a failed attempt at committing a battery with a deadly weapon. In a battery with a deadly weapon case, a person actually causes physical harm to the victim while using a deadly weapon.
Is the Crime of Using a Deadly Weapon During a Battery a Misdemeanor?
No. It is true that simple battery without the use of a deadly weapon is a misdemeanor. However, the defendant used a deadly weapon to commit the battery, then the crime is a category B felony.
How Much Prison Time Do I Face If I Am Convicted?
It depends on if serious physical harm was done to the victim. If the victim did not suffer serious bodily harm, then the defendant faces:
- Two to 10 years in prison
- $10,000 fine
- Both a fine and prison time
If substantial bodily harm was done to the victim or the harm was caused by strangulation, then the punishment is:
- Two to 15 years in prison
- $10,000 fine
- A fine and prison time
Do I Need a Lawyer to Represent Me?
Fighting a felony charge on your own is incredibly difficult. Thus, it is recommended that you hire a Nevada criminal lawyer to fight this charge for you. They can provided you with the assistance you need to properly defend yourself against a felony criminal charge.