In Nevada, battery is defined willful and unlawful use of violence and force on an individual without their permission. A victim in a battery case can be an adult or minor. Battery and assault are not the same criminal act, even though many people often pair the two crimes together.
How Is Assault Defined in Nevada?
The state defines assault is putting an individual in apprehension or fear of an immediate battery. Assault is also defined by Nevada as attempting to commit a battery.
What Is Provoking an Assault?
Provoking an assault is a crime in Nevada. It occurs when a person uses the following to either attempt to or actually cause another to commit assault:
Can I Be Charged Even If I Did Not Mean to Provoke the Assault?
Provoking an assault is a specific intent crime. This means the person intentionally tried to or actually caused another to place another individual in apprehension of harm. Thus, a prosecutor must prove the person:
- Attempted to provoke or willfully provoked another individual
- To commit an assault
- By using words, signs, or gestures
Is Provoking an Assault on Someone the Same as Assault with a Deadly Weapon?
No. To assault someone with a deadly weapon means to willfully and intentionally place an individual in apprehension of an imminent battery. To do this, a person uses a deadly weapon such as a knife, gun, or baseball bat. The penalty for assaulting someone with a deadly weapon is more serious than provoking an individual to commit assault. If convicted, a person can spend about six years in prison and/or pay a $5,000 fine.
What Is the Penalty for Provoking an Assault?
The crime of provoking an assault is punishable by a $500 fine.
Do I Need a Criminal Attorney to Help Me with My Case?
Yes, it is important to talk to a Nevada criminal attorney about your provoking another to commit assault charge. An attorney will explain your legal rights and help build a defense for you.