Inflicting bodily injury refers to causing an individual either permanent or temporary physical harm. The harm may be serious bodily harm, such as severing a limb, disfigurement, or organ damage.
Temporary harm is any type of bodily injury that an individual can recover from in less than one year. Actions leading to such harm can result in criminal charges. In Nevada, one such crime that an individual may be charged with is mayhem.
What Is Mayhem?
In Nevada, mayhem is defined as the willful taking away, disfigurement, or the rendering of a victim’s physical part. Examples of mayhem are crimes like paralyzing a victim’s leg, slicing their tongue, or slitting their lip, nose, or ear. This crime falls under felony category B. A person faces a penalty of two to ten years in prison or a $10,000 fine if found guilty.
There are numerous offenses against people that are deemed illegal in the state of Nevada. The section of Nevada’s criminal code that defines the many categories of offenses against people is Chapter 200. The subcategories of crimes under Chapter 200 include assault, battery, mayhem, and killing. Additionally, there is a clause for battery to commit a crime.
While there are consequences for every battery offense, they can get worse if you’re charged with battery with the intent to commit a crime. You must seek legal assistance from a skilled attorney who can fight on your behalf to avoid conviction or decrease penalties through successful plea negotiations because you could be given a significant jail sentence for this offense.
Make sure your attorney has considerable experience in crimes against people under Chapter 200 of Title 15, Nevada’s criminal code, when you hire a defense attorney in Nevada to assist you in defending against accusations of battery to commit a crime.
When you learn that you are being investigated for a crime, it is a good idea to seek legal assistance as soon as you can so your attorney can support you while the investigation is being conducted. Once you’ve been arrested, it’s crucial to have legal representation so your attorney can fight for bail, assist you in choosing a plea, and help you negotiate a plea deal or go to trial to fight for an acquittal.
Battery with the Purpose of Committing a Crime Nevada State Laws
The law defining battery with intent to commit a crime is found in Nevada Revised Statute section 200.400. According to the applicable law, any intentional or unlawful use of force or violence against another person is considered battery for the purposes of this statute. The prosecutor must show that the defendant willfully committed the violent act in order to establish that force or violence was used.
Battery Definition in Nevada
Battery is the intentional, criminal, and non-consensual use of force or violence against a victim.
Examples include striking someone by hurling objects at them, punching, slapping, kicking, pushing, strangling, shooting, stabbing, or poisoning them.
Battery may be classified as a misdemeanor, gross misdemeanor, category C felony, or category B felony, depending on the specifics.
A misdemeanor in Nevada is punishable by a six-month prison term and a $1,000 fine. But if there are aggravating circumstances, a battery might progress to a felony.
What Exactly Is Battery with the Intent to Cause Harm?
The intention to cause mayhem is viewed. Keep in mind that this particular aggravating factor can only be present if the person who commits battery intends to cause mayhem.
Battery can occur with the aim to rob, cause mayhem, or steal large amounts of money.
In Nevada, a category B felony is a battery with the purpose of causing mayhem, grand larceny, or robbery. Depending on the judge’s discretion, the sentence may also include fines of up to $10,000 and two to ten years in a Nevada state prison.
Nevada Battery with the Purpose to Kill
In Nevada, battery with the intent to kill is a category B felony that carries a sentence of two to twenty years in jail. The same penalty is imposed for attempted murder (NRS 200.030).
Battery with the Purpose of Rape
In Nevada, battery with the intent to sexually abuse someone is a category A felony. The victim’s age, whether or not the victim suffers serious physical harm, and if the offender strangled the victim all factor towards the duration of the prison sentence.
If the victim is under the age of 16 and does not suffer serious physical harm, the judge will sentence them to five years to life in prison with the chance of parole.
The judge will impose a sentence of two years to life in prison with the possibility of parole if the victim is 16 years of age or older and does not experience substantial bodily harm.
The judge will sentence the offender to life in prison with or without the option of parole after ten years if the victim does suffer serious physical harm or if the defendant strangled the victim.
Additionally, the judge has the authority to impose a $10,000 fine.
The defendant will be permanently listed as a Tier III sex offender. There is also lifetime monitoring for battery with the intent to rape. But after ten years, it might be possible to be released from lifetime supervision.
Keep in mind that a battery with intent to commit a rape conviction cannot ever be removed from a defendant’s criminal history.
Is it a Felony to Commit Battery with the Intent to Cause Mayhem?
A category B felony is committed when someone is found guilty of willfully injuring someone without their consent and causing mayhem. The penalty for this offense is $10,000 and two to ten years behind bars.
How Can I Defend Myself Against the Charges?
The best way to get an NRS 200.400 criminal case dismissed is to provide evidence that the defendant was never the victim of battery.
There are five possible defenses:
- The occurrence was accidental;
- The putative victim falsely accused the defendant;
- The police misidentified the defendant;
- The defendant was mad at the time; or
- The accused used force legitimately in self-defense.
Suppose the D.A. is unable to demonstrate beyond a reasonable doubt that the defendant intended to conduct robbery, grand larceny, mayhem, rape, or homicide. In that case, an NRS 200.400 charge may instead be reduced to a simple battery charge.
In these battery cases, typical evidence can include text messages, emails, voicemails, images of any injuries, video surveillance footage, eyewitness testimony, and other evidence demonstrating the defendant’s purpose.
Will a Lawyer Be Able to Help Me?
You’ll probably need expert assistance defending yourself if you’re charged with a crime. A criminal attorney in Nevada can represent you in court and inform you of your legal options.
Assault is a particularly serious crime. A conviction could cost you years of your life and several thousand in fines. Do not try to fight an assault charge by yourself. Instead, use LegalMatch. LegalMatch can help you find the right lawyer for your needs today. Don’t delay any further – if you’ve been charged with a serious crime, use LegalMatch to get in touch with an attorney now.