In general, battery is the unauthorized use of force against a victim. The term “unauthorized” means the victim did not give permission to be hit or suffer offensive contact. Nonconsensual and without consent are other terms used in place of the term unauthorized, particularly in the context of the crime of battery. In Nevada, battery is the nonconsensual, willful, and unlawful violence or use of force against a victim.
What Are Aggravating Factors for Battery in Nevada?
An aggravating factor is something that is present at the time that a crime is committed that makes the crime worse than what it originally would be if that factor were not a part of the crime. There are a number of aggravating factors that elevate battery from a misdemeanor to a felony, including:
- Domestic Violence Battery: The non-consensual harmful contact a person commits on a victim who is a relative, a roommate, or someone that the perpetrator is romantically involved with.
- Battery with Deadly Weapon: The non-consensual harmful contract a person commits on a victim while using a deadly weapons. A deadly weapon is defined as any instrument or tool that will inflict substantial bodily harm on a victim. These weapons include a baseball bat, knife, or gun.
- Battery with Substantial Bodily Harm: The non-consensual harmful contact committed on a victim that causes permanent disfigurement, loss of limb, or organ failure.
What Is Battery with Intent to Commit a Crime in Nevada?
Intent to commit a crime is another aggravating factor that can impact a battery charge. Battery with intent to commit a crime is the non-consensual harmful contact on a victim who had the intent to engage in further criminal activity. The crime that the perpetrator intends to commit is a felony, such as:
What Is the Punishment for Battery with the Intent to Commit Another Crime?
If the perpetrator intended to commit grand larceny, mayhem, or robbery, then the punishment that they face is:
- Two to 10 years in prison
- $10,000 fine
- Both a fine and prison
If there was an intent to commit sexual assault and the victim was harmed by strangulation or suffered substantial bodily harm, then the punishment is:
- Life without parole
- Life with the possibility of parole after 10 years
If the perpetrator possessed an intent to commit sexual assault and there was no substantial bodily harm, then the punishment is:
- A prison sentence of five year to life with the possibility of parole if the victim is younger than 16
- Two years to life in prison with parole if the victim is 16 or older
If there was an intent to kill, the punishment is two to 20 years in prison.
Do I Need a Lawyer?
It is difficult enough to defend yourself against a battery charge. If you are accused of possessing an intent to commit another crime, then you will be facing a felony charge. Contact a Nevada criminal lawyer immediately to learn about your legal rights and defenses.