Any intentional or unlawful use of force or violence against a person is referred to as battery in Nevada. The amount of force used against a person to make offensive contact or inflict physical harm determines the battery charge. Between strangers or family members, a battery charge may occur.
Although the terms assault and battery are frequently used to refer to the same crime, they are essentially two different offenses. Additionally, a crime in which both of these distinct felonies are committed is referred to as an assault and battery charge.
Criminal law defines assault and battery as a combination of two offenses that commonly occur concurrently. Therefore, before considering the combined crime of assault and battery, it is useful to first explain the distinctions between the two offenses (assault and battery).
A person who willfully makes another person reasonably fear the impending bodily danger or unwelcome touch is said to be assaulted. Although this term is dependent on the particular statutes of the court hearing the case, the following broad requirements must be met:
- Intent: It must have been the defendant’s intention to make the victim reasonably fear for their safety. This means that a careless act normally won’t result in assault charges.
- Reasonable Belief: The victim must have had a reasonable belief that the defendant’s actions would cause them injury or offense in order for the act to be considered intentional. Another way to state this is that the victim must be cognizant of or able to understand the defendant’s capacity to do them harm or offense; this awareness of this possibility must be realistic and must instill a sense of imminent and bodily danger in the victim.
- Although there are few exceptions, this belief cannot be predicated on a future act. It must be more than a verbal threat, and the defendant must demonstrate a present intention to physically damage or offend the victim.
What Does Battery for Domestic Violence Mean in Nevada?
Battery in domestic abuse refers to damaging physical contact that is not authorized among family members. It can involve direct physical contact, like a punch or a slap, or it can involve the use of an instrument, such as beating someone with a hairbrush or a kitchen knife.
Domestic Violence: What Is It?
Domestic violence refers to actions taken by one person to exert control over another. The actions could take place just once or repeatedly throughout their exchange. In order for the behavior to qualify as domestic violence, the victim and the perpetrator must have a relationship.
This relationship can be between a parent and child, siblings, spouses, ex-spouses, relatives, co-parents who are not a pair, roommates, or a dating couple. In a domestic violence relationship, the level of control can range from:
- Intimidation
- Threats of immediate physical danger or assault
- Battery
What Does the Term Non-Consensual Mean?
Non-consensual refers to when someone uses force on someone without their consent. An individual might, for instance, communicate or imply that they are okay with being hit while acting combative. If someone hits them, they cannot argue that it was battery because they gave their consent to be hit.
Is the Charge of Simple Battery and Domestic Violence the Same?
No. Both of the charges are misdemeanors, but they are distinct. Simple battery is the damaging non-consensual touch between individuals. The victim’s relationship with the offender, as well as the kind and severity of the injury, are not taken into consideration.
The same physical contact that constitutes simple battery also constitutes domestic violence between family members, a household, or a romantic relationship.
What Is the Nevada Punishment for a Domestic Violence Battery?
In Nevada, a first-time domestic violence battery offender faces the following penalties:
- County jail for two days to six months
- A fine of $200 to $1,000
- Completing 48–120 hours of volunteer work
The following is the punishment for a second conviction if the offender has already been found guilty of battery amounting to domestic abuse once in the previous seven years:
- 100 to 200 hours of volunteer work
- A fine between $500 and $1,000
- 6 to 10 months in prison
When a person commits three or more acts of battery that qualify as domestic abuse during a seven-year period, the charge is upgraded to a category C felony. A category C felony has a maximum five-year jail sentence as punishment.
Every person who is convicted of battery involving domestic violence for the first or second occasion during a seven-year period is also forced to attend weekly counseling sessions, which they are responsible for covering out of pocket.
Which Assault and Battery Defenses Are There?
The victim must have had a valid fear of injury in order to be charged with assault. They must have genuinely suffered harm to get a battery charge. The claim will fail if any component of the attack or battery cannot be established.
Depending on the particulars of each case, there are a wide variety of possible defenses to accusations of assault and battery. Typical legal defenses in assault and battery cases include the following:
- The Claim Is Unprovable: Each component of the charge needs to be supported. As was already indicated, the defendant has to have the intention to assault or battery someone. Both assault and battery cannot be substantiated if it can be shown that they lacked such an intention;
- Alcohol or Drug Intoxication: If the accused drank or took drugs on purpose, this will not be considered a valid defense. This defense will only be effective if the subject was drugged or unknowingly became inebriated;
- Mental Illness: A medical condition that impairs the ability to form intent, such as a mental illness, may be used as a defense to lighten the sentence. A successful insanity defense would probably result in psychiatric hospitalization;
- Simple Error: The offender might not have intended to attack or battery. Whether the defendant’s actions were deliberate is absolutely relevant to this defense;
- Self-Defense: The individual claiming self-defense must demonstrate that they were concerned for their safety and that they did not take any immediate action. They must also demonstrate that they have no choice but to take bodily revenge;
- Defense of Others: Similar to self-defense, the accused must demonstrate that they had a legitimate fear that another person would suffer harm rather than demonstrating their own fear of suffering injury;
- Property Defense: The defendant must demonstrate that they had a legitimate fear of losing their property and had no choice but to retaliate by assaulting and/or battering;
- Consent: A defense could be raised if the claimed victim gave their consent to the act. A good illustration of this would be engaging in a contact sport, like wrestling;
Some people have the right to attack and battery without repercussions. Assault and battery by law enforcement is one instance of this, as they are permitted to do so because it is necessary for the performance of their duties. Other examples include mistaken identity or an alibi, which could be used as a defense if the defendant can demonstrate that they were not present at the scene and has an alibi to back up their claim. A different defense would be that the accused victim mistook their assailant.
I’ve Been Charged with Battery. Can an Attorney Help?
You may also be subject to legal liability if you are found guilty of assault and battery. This implies that your victim could sue you for the injury you caused them. You may be liable for the following expenses if their claim against you is successful:
- Physical injuries
- Pain and suffering
- Out-of-pocket medical bills
- Hospital costs
- Prescription costs, and
- Lost wages as a result of the victim’s injuries.
Being found guilty of battery, including domestic violence, is a highly serious offense. Not only may it result in jail time, but you might also have to attend and pay for counseling sessions for a whole year. Therefore, it is in your best advantage to hire a criminal defense lawyer in Nevada to help you with your case. A lawyer can assist you in defending against a battery charge and winning your case.
