In Nevada, battery is the non-consensual harmful and/or offensive contact against a victim. The harmful contact can be force or the use of violence to inflict injury on the victim. Battery in Nevada is a misdemeanor, which means that the maximum punishment anyone can face for it is six months in jail and a $1,000 fine. A person could face a more severe punishment, however, if there are aggravating factors involved that make the battery a more serious crime.
Are Battery and Sexual Assault the Same Crime?
No. Battery and sexual assault are separate criminal acts, even though both crimes may result in the victim suffering physical harm. However, sexual assault can act as an aggravating circumstance for battery when the perpetrator intends to sexually assault the victim at the time that they batter the victim.
What Is Sexual Assault?
In Nevada, sexual assault is defined as the sexual penetration of a victim against their will or under such circumstances that the perpetrator knew or should have known that the victim was incapable of giving consent. It also occurs when the victim is forced by the perpetrator to make a sexual penetration on another person.
What Is the Penalty for Sexual Assault in Nevada?
The penalty for sexual assault depends on the victim’s age. For instance, if a person is more than 16 years old, it is life in prison with the possibility of parole after 10 years. If the victim was younger than 14 years old, then it’s life in prison with the possibility of parole after 25 years.
What Is Battery with the Intent to Commit Sexual Assault?
The crime of battery with the intent to commit sexual assault happens when the perpetrator commits battery against the victim while intending to sexually assault them. In this situation, the perpetrator’s intent to sexually assault the victim acts as an aggravating circumstance for the underlying battery, raising the crime of battery from a misdemeanor to a category A felony. The perpetrator must intend to commit sexual assault at the time that they are committing the battery in order to be guilty of the aggravating circumstance. Without that intent, the perpetrator has otherwise only committed a misdemeanor battery.
What Is the Penalty for Battery with the Intent to Commit Sexual Assault?
Since a category A felony is the most serious type of felony in Nevada, the punishment for a battery with intent to commit sexual assault is among the most serious criminal punishments available in the state. However, the exact punishment that a defendant will face for this crime depends on the circumstances of this case, including the age of the victim and whether the victim suffered substantial bodily harm.
If the battery resulted in substantial harm to the victim or the victim was strangled, then the punishment is:
- Life without the possibility of parole
- Life with the possibility of parole after 10 years
If the victim did not suffer serious bodily harm, then the punishment is:
- Two years to life in prison with the possibility of parole if the victim is 16 years old or older
- Five years to life in prison with the possibility of parole if the victim is under 16 years of age
Do I Need an Attorney?
Given the seriousness of the crime, you will likely need legal assistance if you wish to defend yourself against a charge of battery with the intent to commit sexual assault. Contact a Nevada criminal attorney immediately to start fighting this charge.