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.
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 assault lawyer for a consultation
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.
