Battery as a crime is usually defined as physical contact by the perpetrator with the victim without the victim’s permission. The unauthorized use of force may range from pushing the victim’s shoulder to punching them in the face or worse.
In Nevada, a battery is defined by statute as “any willful and unlawful use of force or violence upon the person of another.”
A battery that does not cause any injury beyond the fact of physical force or violence is called a “simple battery” in Nevada. Examples of a simple battery are such acts as punching and kicking and the following:
- Throwing objects at another person,
- Punching a person,
- Slapping,
- Kicking,
- Spitting at a person,
- Poisoning, and
- Strangling a person.
Clearly, the state treats a simple battery differently from the more serious battery charges such as battery with a deadly weapon. Another possible criminal charge in Nevada is battery with substantial harm done to the victim. Any of the acts that constitute simple battery in Nevada can result in substantial injury to the victim and if that happens, then the crime is elevated to one that is more serious, battery with substantial bodily harm.
What Is Battery with Substantial Bodily Harm?
Nevada defines battery with substantial bodily harm as non-consensual offensive or harmful contact between a perpetrator and a victim. This harmful or offensive contact must cause the victim to suffer substantial bodily injury. The term “non-consensual” means the victim did not give the person permission to have contact with them and certainly not to harm them.
What Is Considered Serious Bodily Harm in Nevada?
The terms “serious bodily harm” or “substantial bodily harm” are very close in meaning, although each state might define them somewhat differently. They both refer to a kind of physical injury that a perpetrator inflicts on a victim. This type of harm includes physical consequences for the victim such as the following:
- Paralysis;
- Head, neck, or spine trauma;
- Loss of organ function;
- Loss of limbs;
- Permanent disfigurement;
- Serious cuts or burns to the victim’s body.
Is Battery with Substantial Bodily Harm a Felony?
If a battery results in substantial bodily harm to the victim, it is a felony. Specifically, in Nevada, the crime is a category C felony.
If the perpetrator did not use a deadly weapon in the commission of the battery and the victim sustained substantial bodily harm or was strangled, the battery is a category C felony in Nevada. The punishment is as follows:
- A term of from 1 to 5 years in state prison, and
- A fine of up to $10,000
Battery with certain conditions can be a Category B felony in Nevada as discussed below. Otherwise, battery is a misdemeanor in Nevada. As a misdemeanor, the crime of battery is punishable by up to 6 months in jail, and/or a fine of up to $1,000. This assumes that the perpetrator did not use a deadly weapon and the victim did not sustain serious bodily injury and was not strangled.
What Is the Sentence for a Category C Felony Conviction?
There is some complexity to sentencing for the crime of battery in Nevada. Punishment depends on whether or not the perpetrator used a deadly weapon in the commission of the battery, whether the victim suffered substantial bodily injury, and whether the victim was strangled.
If any of the three conditions are present, the punishment is more severe, i.e., longer prison terms and larger fines. More specific information can be found below.
The punishment for a battery that causes substantial bodily injury to the victim or if the victim was strangled, and the perpetrator did not use a deadly weapon, the punishment prescribed by Nevada law is as follows:
- A term of from 1 to 5 years in prison;
- A fine of up to $10,000.
If the perpetrator uses a deadly weapon, battery is a Category B felony in Nevada, and the punishment is a minimum of 2 years in prison and a possible fine of up to $10,000. This means that the perpetrator would have to spend at least 2 years in prison.
If the perpetrator does use a deadly weapon and the victim sustains substantial bodily harm or was strangled, the maximum sentence is as follows:
- A term of imprisonment for 15 years;
- A fine of up to $10,000.
A different punishment is imposed If at the time of the battery, the victim was working in any of the occupations listed below:
- An officer,
- A health care provider;
- A school employee,
- A taxi driver;
- A transit operator; or
- A sports official, and the battery is based on the victim’s performance at a sporting event.
If the victim was working in one of the listed occupations and the perpetrator knew, or should have known, about the victim’s occupation, then the following are the possible punishments:
- If the perpetrator used a deadly weapon and the victim sustained substantial bodily harm or was strangled, the battery is a Category B felony punishable as follows:
- A term of imprisonment of from 2 to 15 years in prison, and/or
- A fine of up to $10,000.
- If the perpetrator used a deadly weapon, but the victim did not sustain substantial bodily harm and was not strangled, the battery is a Category B felony punishable as follows:
- A term of imprisonment of from 2 to 10 years in prison, and/or
- A fine of up to $10,000.
- If the perpetrator did not use a deadly weapon, but the victim did sustain substantial bodily harm or was strangled, the battery is a category B felony punishable as follows:
- A term of imprisonment of from 2 to 10 years, and/or
- A fine of up to $10,000.
Otherwise, battery is a gross misdemeanor in Nevada and the punishment would be as follows:
- A term of imprisonment in the county jail of up to 364 days;
- A fine of up to $2,000.
Again there are special punishments if the perpetrator is any of the following:
- A prisoner,
- A probationer,
- A parolee, or
- A person in lawful custody.
In these cases, the crime is a Category B felony with the following possible punishments:
- If the perpetrator did not use a deadly weapon, the prison term is 1 to 6 years;
- If the perpetrator did use a deadly weapon, the minimum prison term is 2 years.
- If the victim sustained substantial bodily harm or was strangled, the maximum term is 15 years.
What Defenses I Can Use in My Battery Case?
Specific defenses that may be available to a person accused of battery vary according to the facts of the case. However, some defenses that are usually available in battery cases include the following:
- The victim consented to the contact;
- The perpetrator acted in self-defense;
- The contact was accident and unintended;
- The perpetrator was falsely accused;
- The perpetrator has been misidentified and has an alibi defense, i.e. the perpetrator can prove that they were somewhere else at the time the crime was committed.
It may be possible to reduce the punishment through the negotiation of a plea bargain.
Should I Contact an Attorney about My Battery Charge?
It is important to consult with a Nevada criminal defense attorney about your battery charge. Being arrested for battery with substantial harm means you face serious prison time.
There are many special circumstances that can increase your prison time. There are a number of ways in which an experienced Nevada criminal defense attorney can assist you. So, you should contact an attorney immediately.
