Battery

Las Vegas Battery Attorney

Helping Clients Navigate Nevada’s Criminal Justice System

If you were charged with battery in Las Vegas, you should contact an experienced attorney who will handle your criminal case on your behalf. After all, a battery conviction can result in jail or even prison time, depending on the circumstances surrounding the alleged offense. If you want the best chance of avoiding these severe penalties, make sure you have trusted battery attorneys on your side throughout your case.

When you contact ATAC Law LLC, you’ll get legal advice from a team that has confidently handled hundreds of criminal cases involving serious charges like yours. We realize how critical it is to prove you’re not guilty as charged, so you can trust us to give your battery case the personalized attention it deserves. Call our Las Vegas law office today to discuss your legal options with knowledgeable lawyers.

What’s Considered Battery in Nevada?

When you contact our legal team for assistance with your case, we’ll ensure you understand the charges against you. Nevada law considers battery to be intentional and unlawful force or violence against someone else. While battery usually involves physical contact and can lead to severe injuries, you can be charged with this crime even if you didn’t directly touch the victim or cause them bodily harm. As long as it’s apparent that you purposely used force against them without their consent, you could face battery charges.

The following are some examples of battery on another person:

  • Pushing
  • Kicking
  • Slapping
  • Punching
  • Scratching
  • Shooting
  • Stabbing
  • Grabbing
  • Spitting
  • Pulling hair
  • Poisoning
  • Strangling
  • Throwing an object

If someone has accused you of intentionally taking any of these actions toward them, you could be charged with battery in Las Vegas. Granted, not all battery charges are equal, as there are several variations of this crime based on the victim’s identity and your specific actions toward them.

What Are Misdemeanor Battery Charges in Nevada?

The most straightforward battery charge is simple battery. This charge means you’re accused of unlawfully making physical contact with a victim, but they’re not in a protected class and did not sustain substantial bodily harm, nor did you use a deadly weapon.

If there’s evidence that you threatened the victim and caused them to feel reasonable apprehension before you used force on them, you might be facing assault and battery charges. This possibility is because assault occurs when you put someone in fear of immediate bodily harm, while battery occurs when you follow through on your threat with physical force. For this reason, assault and battery charges often go together.

Another battery charge in Nevada is domestic violence battery, which is also called domestic battery. This charge occurs when someone inflicts physical force on a current or former spouse or romantic partner, a minor child, or other family members.

If you’re accused of knowingly assaulting someone in a protected class, you could be charged with a gross misdemeanor, which is more severe than a simple battery charge. Protected victims include police officers, corrections officers, judges, doctors, firefighters, taxi drivers, and teachers.

What Are Felony Battery Charges in This State?

Some battery charges are felonies rather than misdemeanors. For instance, if the victim sustained substantial bodily harm due to your alleged violent actions toward them, you could be charged with a felony. More specifically, you could face a Category C felony.

Similarly, if you’re accused of using a deadly weapon or strangling the victim, you face a Category B felony. This category is slightly more severe than a Category C felony in Nevada.

Additionally, you could be charged with felony battery if you’re in prison or on probation and knowingly attacked someone in a protected class. The same is true if you used physical force on someone while committing another serious crime, such as robbery or sexual assault.

If you’re unsure if your charge involves simple battery, domestic battery, assault and battery, or any other serious offense, contact our Las Vegas law firm to speak with experienced attorneys about your battery case. We can ensure you understand your criminal charges and know the penalties you could end up with if there’s evidence that the battery occurred as alleged.

What Penalties Are Likely If You’re Convicted on Battery Charges?

The criminal penalties to expect for a battery conviction vary depending on your specific charges and your criminal record. In general, the penalties will be more severe if you’re charged with a felony, caused the victim substantial bodily harm, or have prior convictions on your criminal record.

The following are the most common penalties for battery charges in Nevada:

  • Simple battery: A fine of up to $1,000 and up to six months in jail or community service
  • Domestic violence battery: A fine of up to $1,000 and up to six months in jail or community service
  • Battery on a protected person: Up to one year in jail and a fine of up to $2,000
  • Battery that involves strangulation or causes substantial bodily harm: One to five years in state prison and a fine of up to $10,000
  • Battery with a deadly weapon: Two to ten years in prison and a fine of up to $10,000
  • Battery with the use of a deadly weapon when substantial bodily harm occurs: Up to 15 years in prison and a fine of up to $10,000
  • Battery on a protected person while incarcerated or on probation or parole: One to six years in prison and a fine of up to $10,000
  • Battery on a protected person involving either substantial bodily harm or strangulation: Two to ten years in prison and a fine of up to $10,000

In short, if you’re convicted of misdemeanor assault or battery in Nevada, you could end up with jail time, or at least community service and costly fines. This ruling is true of simple battery or assault charges and domestic battery charges, so you should get legal representation from a Las Vegas battery attorney if you want a chance to avoid jail time.

If your charge is a Category C felony, you could spend a few years in prison, while a Category B felony can result in up to 15 years in a Nevada prison. Either way, you deserve the chance to show you’re not guilty of felony assault and battery, domestic violence battery, and other serious charges. A Las Vegas assault and battery attorney can advise the most appropriate legal action to take based on the criminal charges against you, so call our office to discuss your Nevada assault and battery case.

Are You Facing a Personal Injury Lawsuit from the Victim?

While being sentenced to months in the county jail or years in the state prison is certainly a valid concern when it comes to Nevada assault and battery cases, it’s not the only consequence you might face. Nevada law allows battery victims to seek compensation from their alleged attackers.

This option means you could owe money to the person accusing you of willful and unlawful use of force against them, whether or not you’re convicted of assault and battery. So, even if your charges are dismissed, or you’re found not guilty, the victim can bring a civil lawsuit against you, your employer, your homeowner’s insurance, or anyone else their personal injury attorney believes could be liable for the alleged assault and battery.

The reason for the civil lawsuit is to help the victim pay for any medical expenses and lost wages they dealt with while healing from their physical injuries. They can also often receive financial compensation for emotional distress, future medical bills, property damage, and any other losses, depending on their medical records and any other evidence they present.

If you’re worried you could face a civil lawsuit for your assault, battery, or domestic battery charges, contact our Las Vegas law firm today to discuss your legal options with an experienced criminal defense attorney. We understand how daunting it is to deal with serious charges like domestic violence and assault and battery, so we’ll do our best to present a successful defense on your behalf.

How Can a Las Vegas Battery Attorney Benefit Your Case?

If you’re ready to fight back against battery, domestic violence, or assault charges in Nevada, you should schedule a free consultation with Las Vegas battery attorneys to consider your defense options. No matter how much evidence the alleged victim has against you, experienced attorneys can challenge it and gather evidence in your favor during your case. At ATAC Law LLC, we’ve helped numerous clients fight charges of domestic violence, assault and battery, and other serious allegations using some effective defense strategies.

For example, if we can find evidence that you were defending yourself against the alleged victim, we can argue that you only used physical force for self-defense and that assault or battery charges do not apply. Another defense angle against charges of domestic violence, assault, or battery is that you’re facing false allegations from someone purposely trying to get you into legal trouble.

In addition, since battery involves physical contact without consent, a possible defense angle is that the alleged victim consented. For instance, if you were playing a contact sport with someone and you pushed or hit them during a competition, charging you with battery wouldn’t be appropriate. Similarly, if the physical contact wasn’t intentional, such as if you were unconscious or couldn’t see clearly when it occurred, you shouldn’t be charged with assault or battery since these crimes involve intent.

When you hire ATAC Law LLC for your Las Vegas battery case, we will review the details before deciding what defense angle to take, such as self-defense or false allegations. We will then present evidence to prove you’re not guilty of the crime you’ve been charged with. If necessary, we can also try to argue the charge down to a lesser offense, negotiate a plea bargain, or ask for reduced penalties.

Either way, you can expect our full attention for your case when you hire our team. Call our Las Vegas law firm today at 725-217-4753 to learn more.