If you are accused of criminal assault or battery, you need an experienced criminal defense attorney to protect you in court. A conviction on the charge can be a stain on your record that can follow you around and make life more difficult. At Miley Law Firm P.C., I am experienced at challenging the state’s evidence and I do my utmost to achieve a disposition of charges favorable to my clients.
Contact the Miley Law Firm, P.C. today to schedule a consultation.
What is Assault and Battery?
Assault and battery are often lumped together in people’s minds, but they are actually separate crimes. Assault is an attempt to cause physical injury to another person or an intentional act that causes the other person to fear that you will engage in violence. Battery is the intentional infliction of physical violence against a person. To put it simply, if you throw a punch, swing a bat or fire a gun at a person, you have committed an assault. If you actually punch, hit or shoot that person, you have committed a battery.
What are the Different Types of Assault and Battery?
There are several types of assault and battery that differ in how they are punished. They may be classified as or felonies or misdemeanors. The more serious types and their penalties are as follows:
- Assault with a deadly weapon — This felony is punishable by five years in prison, a $5,000 fine or both, with an additional one to 20 years in prison if it is deemed a hate crime.
- Battery with a deadly weapon — This felony is punishable by two to 10 years in prison, a $10,000 fine or both, or up to 15 years if it resulted in substantial bodily harm.
- Battery with intent to kill — This felony is punishable by two to 20 years in prison.
- Battery with intent to commit sexual assault — This felony is punishable by two years to life in prison, a $10,000 fine or both, and penalties may be increased in some circumstances.
- Domestic violence assault and battery — This is a misdemeanor committed against a member of your family or household or against someone you are dating or with whom you have children. It is punishable by up to six months in jail or community service, plus a fine of up to $1,000 for a first conviction. The punishment increases for the second or third offense or if the crime is committed by strangulation.
I offer robust criminal defense in all types of assault and battery cases and always explore ways to reduce charges, mitigate sentences and avoid jail time.
Why Should You Hire a Las Vegas Assault Defense Attorney?
No matter what type of assault or battery charges you face, you need skillful representation to increase your prospects for just treatment in the courts. As your counsel, I scrutinize the evidence, challenge the prosecution’s version of events and investigate the police work in your case, searching for grounds to raise doubt about the assault and battery charges. I assert all possible defenses, such as:
- Self-defense
- Defense of third parties
- Defense of your property
- Lack of intent to cause harm
- Lack of immediate harm resulting
- Provocation by the alleged victim
I also challenge the competence and testimony of prosecution witnesses. This careful work can lead to dismissal of your case, acquittal by the jury or ability to plead down the charges and thereby reduce your sentence.
Contact a Knowledgeable Las Vegas Assault Attorney Today
The Miley Law Firm, P.C. represents Nevada defendants in assault and battery cases. Please call 702-942-0600 or contact me online to make an appointment for a meeting at my Las Vegas office.
Assault & Battery FAQs
What is the difference between assault and battery in Nevada?
Under Nevada law, assault (NRS 200.471) and battery (NRS 200.481) are two separate offenses. Assault involves attempting to use physical force against someone or intentionally placing them in fear of immediate bodily harm, while battery requires actual unlawful physical contact. You can be charged with one or both depending on the circumstances of your case.
What are the penalties for a simple assault charge in Las Vegas?
Simple assault without a deadly weapon is classified as a misdemeanor in Nevada, carrying up to 6 months in jail and a fine of up to $1,000. However, if the assault is committed against a protected person such as a police officer, healthcare provider, or school employee, the charge elevates to a gross misdemeanor with up to 364 days in jail and a $2,000 fine.
Can assault charges be dropped or dismissed in Nevada?
Yes, assault charges can potentially be reduced or dismissed depending on the circumstances. Only the prosecuting attorney has the authority to drop charges in Nevada, not the alleged victim. An experienced Las Vegas criminal defense attorney like those at Miley Law Firm can challenge the evidence and negotiate with prosecutors to pursue the best possible outcome.
What defenses can be used against assault charges in Nevada?
Common defenses include self-defense, defense of others, lack of intent, false accusation, and insufficient evidence. Nevada law also recognizes that if the alleged victim's fear of harm was unreasonable, the charge may not hold up. A skilled defense attorney will evaluate the specifics of your case to determine which strategy provides the strongest defense.
Is assault with a deadly weapon a felony in Las Vegas?
Yes, assault with a deadly weapon is a category B felony under NRS 200.471(2)(b), punishable by 1 to 6 years in Nevada State Prison and fines up to $5,000. A deadly weapon can include firearms, knives, or any object capable of causing substantial bodily harm. Even if no physical contact or injury occurs, the mere threat with a weapon present is enough to warrant this serious charge.
How does an assault conviction affect my criminal record in Nevada?
An assault conviction will appear on background checks and can impact employment, housing, and professional licensing opportunities. The good news is that most assault convictions in Nevada are eligible for record sealing after a waiting period, typically 1 year for misdemeanors and up to 10 years for certain felonies. Miley Law Firm also handles record sealing cases and can help you understand your options.
Can I go to jail for a first-time assault offense in Las Vegas?
While jail time is possible for a first-time simple assault conviction, many first-time offenders may receive alternative sentencing such as community service, probation, or anger management classes. The outcome depends heavily on the facts of your case and the quality of your legal representation, which is why consulting with an attorney early is critical.
What is the difference between misdemeanor and felony assault in Nevada?
Simple assault without a weapon is a misdemeanor, while assault involving a deadly weapon automatically becomes a category B felony. Assault on a protected class, such as a police officer or healthcare worker, is elevated to a gross misdemeanor. The classification depends on factors like the weapon used, the severity of the threat, and the victim's protected status, with felony assault carrying significantly harsher consequences including years in state prison and substantial fines.
Do I need a lawyer for an assault charge in Las Vegas?
Having an experienced criminal defense attorney is strongly recommended, even for misdemeanor assault. A conviction creates a permanent criminal record that labels you as having committed a violent offense, which can follow you for years. At Miley Law Firm, attorney Edward Miley brings years of trial experience to aggressively defend clients facing assault and battery charges throughout Las Vegas.
Can I be charged with assault if I did not physically touch anyone?
Yes. Under Nevada law, no physical contact is required for an assault charge. Simply attempting to use force against someone or intentionally placing them in reasonable fear of immediate bodily harm is enough. For example, raising a fist, throwing an object that misses, or making a credible verbal threat while advancing toward someone can all result in assault charges.
