Battery With Intent to Commit a Crime

In order to be found guilty of battery with intent to commit a crime, the State must prove the following elements beyond a reasonable doubt:

1. The accused used willful and unlawful force;
2. On another person.
3. This act was done with the intent to commit:
   • Mayhem,
   • Robbery,
   • Grand Larceny,
   • Sexual Assault, or
   • Murder

Other similar or related offenses include:

1. Assault – NRS 200.471
2. Assault with a Deadly Weapon – NRS 200.471
3. Domestic Violence – NRS 200.485
4. Felony Domestic Battery – NRS 200.485
5. Battery with use of a Deadly Weapon – NRS 200.481

P was walking down the street when she noticed another person talking on the phone while also walking down the street. This individual was talking on the new iPhone. P wanted to have the new iPhone, so she made her way over and hit the other woman in an attempt to get her to drop the phone so that P could take it. The woman did not drop the phone, but instead called 9-1-1. This led to P being arrested and charged with battery with intent to commit robbery.

A criminal charge will not lead to a conviction if the State cannot meet their burden of proving the allegation beyond a reasonable doubt. It is possible that charges may be reduced, or even dismissed.

For the crime of battery with intent to commit a crime, self-defense may be the defense chosen if the accused acted in a way that a reasonable person, if put in the same situation, would have acted. This means that the defendant may have been justified in committing the battery against the alleged victim, if the defendant believed that he or she was facing immediate injury, or death.

In many cases, the State will charge the more serious allegation of Battery with the Intent to Commit a Crime, when in reality the accused had no intent to commit the crimes of Mayhem, Robbery, Grand Larceny, Sexual Assault, or Murder. This classic “overcharging” by the State is designed to get the accused to enter into a plea to a more serious charge because the risk is too high for many people to litigate the charges against them. Oftentimes, the allegations themselves simply show that while a misdemeanor battery may have occurred, there is simply no evidence of the intent to commit the more serious crime.

If a person is convicted of battery with intent to commit a crime, the punishment depends on the crime that the person was convicted of having the intent to commit.

If the person committed battery with the intent to commit mayhem, robbery or grand larceny, they face the penalties of a Category B Felony. This means that they face between two to ten years in the Nevada Department of Corrections and a potential fine of up to $10,000.

If the person is convicted of committing battery with the intent to commit sexual assault, that is a Category A Felony in Nevada. If the victim did not sustain substantial bodily harm and is under the age of sixteen, the judge can impose a sentence of anywhere from five years to life in the Nevada Department of Corrections. If the victim is older than sixteen, but did not sustain substantial bodily harm, the judge can impose a sentence of two years to life in the Nevada Department of Corrections. If the victim, regardless of age, received substantial bodily harm or was strangled, the accused faces life in the Nevada Department of Corrections. The judge may or may not allow the individual to be paroled after ten years’ time is served.

If crime committed was battery with the intent to commit murder, a person faces between two to twenty years in the Nevada Department of Corrections, and will have a Category B Felony conviction on their record.

Las Vegas criminal defense attorney Josh Tomsheck is a National Board-Certified Criminal Trial Advocate, who diligently fights for the accused. He has represented people accused of Battery with intent to commit a crime and achieved results including complete dismissal of charges and not guilty verdicts at Trial. If a person is charged with battery with intent to commit a crime in Nevada, attorney Josh Tomsheck is the person that you want fighting for you. It is important to get in contact with him as soon as possible so that you can discuss your case and circumstances, and to prepare a defense against these serious allegations before they lead to permanent consequences.

For more information about the charge and defense of Battery with Intent to Commit a Crime in Las Vegas, call the law firm prepared to give you the best defense, Hofland & Tomsheck, right away to schedule your no cost consultation. (702) 895-6760.