Criminal assault is defined in two ways. It can be the intent to create a reasonable apprehension of immediate bodily harm. Assault can also be an attempt at committing a battery. However, assault is not battery.
What Is Battery?
Battery is the unauthorized application of force against another individual. Unauthorized force means the victim did not give consent, or authorization, to the perpetrator to use force against them. The term “application” means actually committing an offensive touching or actual physical injury to the victim.
How Many Battery Charges Are There in Nevada?
There are five common types of battery charges in Nevada:
- Simple battery
- Battery constituting domestic violence
- Battery with a deadly weapon
- Battery with substantial bodily harm
What Is Simple Battery in Nevada?
Simple battery in Nevada is non-consensual harmful contact. The type and extent of any injury that results from the contact does not matter. There are usually no aggravating factors involved in the commission of the crime.
Are Simple Battery and Aggravated Battery Similar Charges in Nevada?
No. Simple battery is the lowest type of battery in Nevada. Aggravated battery involves some type of factor that causes the unauthorized use of force to be extremely harmful. The crime of aggravated battery often includes:
- Battery causing serious bodily harm
- Deadly weapon used during the battery
- Battery against a child, woman, elderly person, or police officer
How Does Nevada Punish People Who Are Convicted of Simple Battery?
This type of battery is a misdemeanor charge. A criminal sentence is:
- Six months in county jail
- $1,000 fine
- Fine and county jail time
Can I Get Community Service Instead of Jail Time for Simple Battery?
Community service is a sentencing option for a misdemeanor charge in Nevada. However, the likelihood of getting community service instead of time in a county jail depend on the facts of the case and defense strategy put together by a defendant and their legal representation.
Do I Need to Discuss My Case with a Lawyer?
Do not let the term “simple” in "simple battery" mislead you into thinking that a simple battery charge is easy to defend against. Contact a Nevada lawyer to discuss how you can get this charge dismissed, reduced, or fight the charge.