Nevada Provoking Assault Lawsuit

In the State of Nevada, assault is defined as placing an individual in apprehension or fear of an immediate battery. In addition, Nevada defines assault as an attempted battery.

What Is Assault?

The crime of assault is classified as a misdemeanor. However, a defendant should avoid a conviction for this offense because it can come with hefty penalties.

The defendant will receive a conviction on their criminal record for the assault crime in addition to other possible punishments. Having a criminal record can make it more difficult for an individual to:

• Obtain employment;
• Be accepted to the college of their choice;
• Obtain a professional license after they have been charged.

The first important step to take if an individual is charged with assault is to consult with a criminal defense attorney. An attorney will thoroughly investigate the case and help develop a strategy for the courtroom.

A defendant may face certain penalties if they are convicted of assault on another individual, including:

• Six months served in a county jail;
• Up to a $1,000 fine;
• Community service;
• A combination of these punishments.

It is important to note that an individual may also be charged as an accomplice to an assault or battery if they willfully provoke another individual in some way. It is also important to be aware that certain individuals fall into specially protected classes that carry increased penalties for assault and battery, such as:

• Law enforcement officers;
• Health care providers;
• Taxi cab drivers or transit operators;
• Corrections officers;
• Judges;
• Firefighters;
• School employees; and
• Sports officials.

The charges for a battery committed against the personnel listed above will result in significantly increased penalties based on their status as protected employees.

What Is Provoking an Assault?

In the State of Nevada, provoking an assault is a criminal offense. Provoking an assault occurs when an individual uses one of the following in an attempt to commit an assault or to commit an assault on another individual:

• Signs
• Gestures
• Words

Can I Be Charged Even if I Did Not Mean to Provoke the Assault?

Provoking an assault is a criminal offense that has a specific intent. This means that a defendant must have intentionally put another individual in fear of harm or must have actually caused the other individual to fear imminent harm.

In order to convict a defendant of assault, the prosecution must show, beyond a reasonable doubt, the following elements:

• The defendant attempted to provoke or willfully provoked another individual;
  • To commit an assault;
  • By using:
    • words;
    • signs;
    • Gestures.

What Is the Penalty for Provoking an Assault?

In the State of Nevada, the offense of provoking an assault is punishable by criminal fines of up to $500.

Is Provoking an Assault on Someone the Same as Assault with a Deadly Weapon?

No, provoking an assault on an individual is not the same as an assault with a deadly weapon. Assault with a deadly weapon occurs when an individual willfully and intentionally places another individual in the apprehension of an imminent battery by using a weapon, such as a:

• Knife
• Gun
• Baseball bat

What Is Assault with a Deadly Weapon in Nevada?

In the State of Nevada, assault with a deadly weapon is defined as placing an individual in reasonable apprehension of or in immediate bodily harm using a firearm, knife, or lethal object. Assault with a deadly weapon may result in more serious penalties than provoking an individual to commit an assault.

It is important to note that the weapon does not have to be used to cause harm to the victim. Even having a weapon within reach may be enough for assault with a deadly weapon charge.

In the State of Nevada, assault with a deadly weapon is an intent crime, meaning the defendant may only be convicted if they intended to cause another individual to feel threatened with imminent harm. The penalty for an assault with a deadly weapon may include:

• One to six years in state prison
• Criminal fines of up to $5,000
• A combination of both

A defendant may be able to obtain a plea bargain that reduces the assault charge to a simple battery, which is a misdemeanor offense.

What Is the Difference Between Assault and Battery?

A common misconception exists that assault and battery are the same criminal offense when they are, in fact, two separate criminal offenses. Although the penalties for these offenses may vary, they both can result in substantial penalties that may affect an individual’s life for many years to come.

As discussed above, an assault is an unlawful use of force on another individual or an intentional placement of another individual in apprehension of immediate harm. Battery, on the other hand, is any willful or unlawful force of violence on another individual.

The simplest example is that an assault is threatening to strike another individual, while a battery is actually striking another individual.

How Does Nevada Define Battery?

In the State of Nevada, battery is defined as the willful and unlawful use of violence and force on an individual without their consent or permission. A victim in a battery case may be an adult or a minor.

The age of majority, or adulthood, in Nevada is 18 years of age.

What Are Some Defenses to Assault and Battery Charges in Nevada?

There are defenses that may be available to assault and battery charges in the State of Nevada. Possible defenses to assault may include:

• It was not reasonable to assume that the actions of the defendant would be offensive;
• Self-defense led to the assault;
• Assault was consented to by the victim;
• The injury was not intended.

As discussed above, a battery occurs when an individual is subjected to unwanted offensive touching. The possible defenses to battery may include:

• Self-defense;
• Unintentional contact, such as an accidental touching;
• The contact was normal under the circumstances;
  • For example, brushing against another individual at a crowded show venue. It is reasonable to expect some contact to occur if individuals are standing in a crowded area.

An individual may be facing assault or battery charges in Nevada. If so, it is important to consult with a local Nevada attorney who can advise them of the defenses that may be available in their case and present those to the court or jury.

What Is Self-Defense?

Each case of assault or battery is unique and will vary greatly based on the facts and circumstances involved. In most assault and battery cases, self-defense is a common defense that is presented by defendants.

In order for a defendant to prove self-defense, they have to show that they felt a real and honest fear of harm or unlawful force and that they had no escape, so they had to engage in the assault or battery to defend themselves.

How a Nevada Battery Lawyer Can Help?

A Nevada battery lawyer can help an individual who has been charged with battery in many different ways, including:

• Representing them before law enforcement and prosecutors;
• Preparing for trial at any stage of the case;
• Trying to resolve the case without a trial by having it dismissed;
• Negotiating a plea deal to have the charges against the defendant reduced; and
• Investigating alternative sentencing methods.

Do I Need a Criminal Attorney to Help Me with My Case?

If you have been charged with provoking assault or any type of assault and battery charge in the State of Nevada, it is essential to consult with a Nevada assault attorney. Your attorney can explain the Nevada laws that apply to your case, help protect your legal rights during the process, and help you present the best defense possible in your case.

Your attorney will be able to thoroughly investigate your case and determine if there are any grounds for reducing the charges against you or even having your case dismissed. Your lawyer will also be able to negotiate with the prosecution to obtain the best outcome possible for you.