Battery on a Peace / Police Officer
In order to be found guilty of battery on a peace officer, the State must prove the following elements beyond a reasonable doubt:
- The accused used willful and unlawful use of force or violence upon the person of another.
- The victim was a police officer, firefighter, jailer, prosecuting attorney, or bailiff.
- The victim was on the job at the time of the battery.
- The accused should have known, or did know, that the victim was a peace officer.
Other similar or related offenses include:
- Assault – NRS 200.471
- Battery with Intent to Commit a Crime – NRS 200.400
- Domestic Violence – NRS 200.485
- Felony Domestic Battery – NRS 200.485
- Battery with use of a Deadly Weapon – NRS 200.481
K was at a Las Vegas Aviators baseball game with a couple of his friends. They were enjoying the game when K decided that he wanted to get some beer. When K returned to his seat, somebody else had taken it. K began to yell at the other person to leave his seat. Police officers came to where K was, and when they tried to grab him K spit on the police officer. As a result, he was arrested and charged with battery on a peace/police officer.Defenses to Battery on a Peace / Police Officer
It is important to remember that a criminal charge is merely an allegation. A criminal charge cannot lead to a conviction if the State is unable to meet their burden of proving the charges beyond a reasonable doubt. There are multiple defenses to the charge of battery on a peace/police officer.
For a battery to occur, the accused had to physically touch the officer. If all the accused did was yell at a cop, then no violence actually took place. This can lead to the charges being reduced to resisting arrest or breach of the peace.
In order for the defendant to be convicted of battery on a peace/police officer, the defendant had to have known that the officer was acting in the course of his job when the incident happened. If it can be proven that the defendant did not have any way of knowing that the victim was an officer, or on the job, the charges should be dismissed or reduced. For example, if a police officer was walking downtown in plain clothing, a person would have no way of knowing that the officer was indeed an officer since he would not be wearing a uniform or a badge.Potential Penalty for Battery on a Peace / Police Officer
If a person is convicted of battery on a peace officer, and the victim did not suffer substantial bodily harm and was not strangled, then it is considered a gross misdemeanor offense. This means that the defendant now faces 364 days in jail and a fine of $2,000.
If the victim did suffer major injuries or was strangled, it becomes a Category B Felony. If convicted, the defendant now faces two to ten years in the Nevada Department of Corrections and $10,000 in fines.
In addition, there are collateral consequences of a conviction that can be triggered by a conviction for this crime, such as deportation. These are serious considerations.Criminal Defense for Battery on a Peace / Police Officer
Award winning criminal defense Josh Tomsheck has been named one of the Top Lawyers in the field of criminal defense in Las Vegas and throughout the State of Nevada. He is a Nationally Board-Certified Criminal Trial Advocate, who will fight diligently for you. If a person is charged with the crime of battery on a peace/police officer, it is important to reach out to an experienced criminal defense attorney who has dealt with the sensitive allegations that come with a charge that you have committed violence against law enforcement. Getting an expert criminal lawyer such as Josh Tomsheck on your case as soon as possible can greatly impact the results of your case when you are charged with Battery on a Police Officer. Call attorney Tomsheck today so that he can immediately begin to prepare the best defense for your unique case.
For more information about the charge and defense of Battery on a Peace/Police Officer in Las Vegas, call the experienced criminal defense law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.