BATTERY
A battery is a felony if substantial bodily harm occurs upon the victim. See NRS 200.481. However, most are misdemeanor offenses that can carry up to 6 months jail.
A battery may also be elevated to a felony if strangulation or a deadly weapon is used. Even a simple battery on a protected person may be elevated to a gross misdemeanor.
If there is a relationship such as a family member or spouse, the battery will be elevated to a Battery Domestic Violence. For more information of Battery Domestic Violence
click here.
Penalties
A simple battery is a misdemeanor and punishable up to 6 months in jail and fines.
If the battery is a felony due substantial bodily harm or strangulation then it is a category C felony and carries a minimum 1 year prison and a maximum 5 years. If a deadly weapon is used then one may be charged with a category B felony with a minimum 2 years in prison and a maximum 10 years. Anytime a deadly weapon is involved you are looking at a harsher sentence.
Substantial Bodily Harm NRS 0.060
Substantial bodily harm is an injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or prolonged physical pain.
An example would be punching someone in the eye and that person suffers an eye injury that impairs his or her vision.
Defenses
Self defense, consent, lack of intent, witness issues and even the harm was not substantial are typical defenses to a battery charge. The Prosecutor has the burden to prove each element of the offense beyond a reasonable doubt. Depending on your facts, this might not be possible and a reason to plea your case down or to fight it in front of a jury.
If you have been charged with a battery call our firm today at 702-895-9111 for a free consultation with an attorney to discuss your defenses.
