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:

  • Knives
  • Baseball bats
  • Daggers
  • Swords
  • 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.