Nevada Simple Battery Laws

In the State of Nevada, there are five common types of battery charges, including:

• Simple battery;
• Battery constituting domestic violence;
• Battery with a deadly weapon; and
• Battery with substantial bodily harm.

What Is Simple Battery in Nevada?

In Nevada, simple battery is defined as non-consensual, harmful contact. The type and extent of any injuries that result from the contact are not relevant.

Typically, there are no aggravating factors involved in the commission of the offense.

What Is Battery?

Battery is an unauthorized application of force against another individual. This means that the victim did not provide consent, or authorization, for the defendant to use force against them.

The work application means committing an offensive touching or actual physical injury to the victim. A battery charge may be considered aggravated, depending on the type of victim.

Battery can be classified into different categories, including:

• Simple battery: Simple battery is considered to be any unauthorized contact or use of force against another person, resulting in offensive touching or injury, which will be further discussed below;
• Aggravated battery: Aggravated battery refers to battery against a victim who belongs to a specific class, such as a law enforcement officer;
  • Aggravated battery may also refer to battery which results in severe injury or if the defendant utilized a deadly weapon to commit the act of battery;
  • Most jurisdictions have held that the defendant must have intended to cause injury or harm in order to be charged with aggravated battery; and
• Medical battery: Nearly every state has laws which require that doctors obtain informed consent from a patient before providing any non-emergency treatment. Medical battery is the unauthorized touching of a patient’s body by a physician or other medical professional.

What Is Simple Battery?

Generally, simple battery is the unauthorized or unlawful use of force to the body of another individual that results in an offensive touching or some type of physical injury. In other words, simple battery is a less aggravated form of the crime of battery, as it does not involve serious bodily harm, for example, a broken arm.

Battery commonly occurs in the context of physical altercations. It can, however, extend to other circumstances. One example of this would be if a physician performed a non-emergency medical procedure without obtaining consent from the patient or if other forms of unwanted physical contact were made.

Simple battery is governed by individual state statutes. This means that the severity of the crime will be determined by the local jurisdiction.

In addition, a battery charge may be elevated to an aggravated battery charge if a victim’s injuries are considered to be severe. This may occur in situations where the victim is a:

• Child;
• Woman;
• Elderly person; or
• Law enforcement officer.

Aggravated battery may also be charged when a deadly weapon is used. In the majority of jurisdictions, an aggravated battery charge will be contingent upon the defendant’s intent to cause the harm or injury that resulted from their conduct.

What Are the Elements of Simple Battery?

In order to prove the criminal offense of simple battery, the prosecution has to prove the intent of the defendant in addition to the existence of the following three elements:

• There was an unlawful application of force;
• That made contact with another individual without their consent; and
• That contact resulted in either offensive touching or bodily injury.

One example would be an individual who signs up for boxing classes and signs a consent or waiver form. If they got hit in the face, they would not be able to charge the other party with battery because the application of for was not unlawful due to the fact that it was consented to.

Are Simple Battery and Aggravated Battery Similar Charges in Nevada?

Simply battery and aggravated battery charges are not the same in Nevada. Simple battery is the least severe type of battery in the state.

Aggravated battery involves a factor that caused the unauthorized use of force to be extremely harmful. As noted above, the crime of aggravated battery typically includes:

• Battery causing serious bodily harm;
• Deadly weapon used during the battery; or
• Battery against a:
  • child;
  • woman;
  • elderly person; or
  • police officer.

How Does Nevada Punish People Who Are Convicted of Simple Battery?

Simple battery in Nevada is classified as a misdemeanor charge. If an individual is convicted they may face:

• Six months in a county jail;
• A $1,000 criminal fine; or
• A combination of the fine and county jail time.

Can I Get Community Service Instead of Jail Time for Simple Battery?

In Nevada, community service may be a sentencing option for misdemeanor charges. It is important to note, however, that the likelihood of receiving community service instead of jail time depends on the facts and circumstances of the case as well as the defense strategy used by the defendant and their attorney.

How Is Battery Different From Assault?

Although the terms assault and battery are often used at the same time or interchangeably, these two are separate offenses. Assault is an attempt or a threat that causes another individual to be apprehensive of imminent bodily harm.

In other words, assault is causing another individual to reasonably fear or be apprehensive or an impending or immediate battery. Battery is actually making contact with the other individual and causing bodily harm.

In general, an assault precedes a battery. Because of this, a defendant may be charged with both assault and battery.

In some jurisdictions, assault is defined as an attempted battery or as an intentional creation of fear or harm in a victim. Every state has its own unique criminal statutes that govern assault and battery.

In addition, the criminal statutes in each state may vary regarding the specific actions and intent that is necessary for assault or battery to be prosecuted as a criminal offense.

What Are Some Common Defenses to a Simple Battery Charge?

There are certain defenses that may be used to lessen the severity of criminal battery charges or may even be strong enough to have the charges dismissed, including:

• Self-defense: An individual is usually allowed to utilize sufficient force for protection against apparent harm. However, the individual’s use of self-defense must be proportional to the threat;
  • This means deadly force could not be used in response to a non-deadly threat;
• Coercion: This defense may be used if the defendant was coerced into committing the battery under a threat of greater harm;
  • An example of this would be if the perpetrator told an individual to punch another person or else they would shoot them;
• Consent: Consent as a defense is commonly used in sports situations, such as the boxing class example discussed above;
• Intoxication: Although it may only be utilized in a few cases, intoxication may be a valid defense based on the intent element of the battery; and
• Lack of evidence: If the prosecution is not able to prove all of the elements of the offense beyond a reasonable doubt, either through presentation of evidence or witness testimony, the charge of simple battery will not be proven.

Do I Need to Discuss My Case with a Lawyer?

If you have been charged with simple battery or any other criminal offense in Nevada, it is essential to consult with a Nevada criminal lawyer. Just because the offense is labeled simple battery does not mean the charge is simple or it will be simple to present a defense.

Your lawyer will be able to determine if any of the defenses listed above can be used in your case, will represent you in court, and will ensure that your rights are protected throughout the process. Criminal charges are a serious matter and should not be taken lightly or without representation.

In some cases, your attorney may be able to negotiate with the prosecution for a reduction in charges or even a dismissal, if the facts support one.