Nevada Battery with Intent to Commit a Crime Lawyers

Battery is generally defined as the use of force without the victim’s consent. Unauthorized denotes that the victim does not consent to be struck or subjected to offensive contact.

Other phrases that are used in place of the word unlawful include nonconsensual and without consent, particularly when discussing the crime of violence. In Nevada, battery is defined as the use of force or violent behavior against a victim without the victim’s consent.

When illegal force is used against another person’s body and the outcome is offensive touching or real bodily harm, it is called a battery. There are many different battery kinds, and the regulations of each state govern them.

Victims are divided into groups based on their social class.

Batteries can be further broken down into other types, such as batteries against elderly people, batteries against children, batteries against spouses, and batteries against police enforcement.

Depending on the victim’s class, some battery accusations are regarded as aggravated. These offenses will be charged as felonies rather than misdemeanors.

The unlawful, purposeful, and intentional use of force or violence against a victim without that victim’s agreement constitutes this offense. Battery is a misdemeanor on its own. A misdemeanor is punishable by up to $1,000 in fines or a maximum of 6 months in prison. If there were aggravating circumstances in the commission of the offense, a person accused of battery could receive a heavier punishment.

What Constitutes an Aggravating Factor in Nevada for Battery?

When something is present at the time of a crime, it is referred to as an aggravating factor because it makes the offense worse than it would have been otherwise. Battery can become a felony for a number of reasons that make it a misdemeanor, such as:

• Domestic Abuse Battery: Harmful nonconsensual contact with a victim who is a relative, a roommate, or someone with whom the offender has a love relationship.
• Battery with a Deadly Weapon: When a person harms a victim without their will while utilizing a deadly weapon. Any equipment or tool that will cause a person significant bodily injury is considered a dangerous weapon. A bat, knife, or rifle are a few examples of these weapons.
• Battery with Substantial Bodily Harm: When a victim is subjected to harmful touch without their consent and results in lifelong deformity, limb loss, or organ failure.

What is Nevada’s definition of Battery with Intent to Commit a Crime?

Another aggravating circumstance that may affect a battery charge is criminal intent. The act of making detrimental contact with a person without their consent with the intention of committing subsequent crimes is known as battery with intent to commit a crime.

A felony offense is the one that the culprit plans to commit, like:

• Mayhem
• Grand theft
• Robbery
• Murder
• Sexual abuse

How is Battery with the Intent to Commit Another Crime Punished?

If the offender intended to commit robbery, mayhem, or grand larceny, they might receive two to ten years in prison.

If there was sexual assault with the purpose of perpetrating it and the victim was strangled or suffered severe physical harm, the punishment is:

• Lifetime ban on parole
• A 10-year sentence with the possibility of parole

If there was no significant bodily injury and the offender intended to commit a sexual assault, the sentence is:

• If the victim is under the age of 16, a five-year to life sentence in jail with the chance of parole.
• If the victim is 16 years of age or older, the sentence ranges from two years to life in prison with parole.

Two to twenty years in prison are possible penalties if there was a murderous intent.

Why Do People Rob?

Criminal theft takes the form of robbery. It is the taking and moving away of another person’s property without that person’s permission to deny or take possession of the victim’s property permanently.

The criminal employs the following strategies to get the property:

• Intimidation\Force
• Violence
• The threat of physical harm or force

What Exactly Is Battery with the Intent to Rob?

When someone uses unlawful force against another person who is resisting, they are guilty of this offense. Force leads to the victim being subjected to offensive touching or bodily damage. The violence occurs as the offender makes an attempt at a robbery.

Which Assault and Battery Defenses Are There?

The victim must have had a valid fear of injury for assault to be considered. To charge them with battery, it must be demonstrated that they were truly hurt. The claim will be rejected if any component of the attack or battery cannot be substantiated.

Depending on the particulars of each case, there are a wide variety of possible defenses to accusations of assault and battery. The following general legal defenses are employed in incidents of assault and battery:

• The Claim Is Unprovable: Each component of the charge needs to be supported. The defendant must have had the intent to attack or battery in order for it to be committed. If it can be demonstrated that they did not have such an intention, neither assault or battery can be proven;
• Drink or drug intoxication: This would not be a valid defense if the defendant voluntarily consumed alcohol or drugs. This defense will not be effective if they were drugged or unknowingly became intoxicated;
• 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 claim of insanity will probably lead to psychiatric care;
• Simple Error: The offender might not have intended to attack or battery. The ability to prove intent by the defendant will determine whether it was done;
• Self-defense: The party asserting self-defense must establish that they refrained from taking action because they were worried they would be hurt. Additionally, they must demonstrate that they had no other option 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 having their property damaged and had no choice but to use force or battery to defend themselves;
• Assent: 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. An illustration of this would be the fact that law enforcement is permitted to engage in assault and violence when they justify it as being required by their position; or
• Alibi or mistaken identity: If the defendant can demonstrate their absence from the scene and provide an alibi to support their claim, they may have a defense. A different defense would be that the accused victim mistook their assailant.

Do I Need an Attorney?

To defend yourself against a battery charge is challenging enough. A felony charge will be brought against you if it is claimed that you have the desire to conduct another crime.

To understand your legal rights and defenses, get in touch with a Nevada criminal attorney right away.