Battery

The terms assault and battery are commonly used together. However, in the law each is actually a separate crime. An assault occurs when one is put in imminent fear of a non-consensual physical contact. Battery, on the other hand, is any willful and unlawful use of force or violence upon the person of another. If you have been charged with assault or battery, or both, the able and experienced Las Vegas battery lawyers at Hofland & Tomsheck offer a no-cost, no-obligation initial consultation to advise you of your rights.

There are four common forms of battery. Simple battery is a misdemeanor and carries a sentence of 6 months in jail and a fine up to $1,000. Domestic violence is a crime against certain family members and is difficult to plead out. Battery with a deadly weapon is Category B Felony and the sentence can be 2-10 years imprisonment and a possible $10,000 fine. Battery with substantial bodily harm, such as loss of a limb or permanent disfigurement, can result in a sentence up to15 years. The Las Vegas battery attorneys at Hofland & Tomsheck are time-tested in aggressively defending clients in order to optimize the end result. This is accomplished by paying careful attention to the details of your case and effectively advocating the mitigating circumstances to the prosecution. Early and thorough preparation of your case is the key to a successful defense.

Under Nevada law, certain classes of occupation are given special protection against assault and battery offenses. If the alleged victim is a police officer, firefighter, corrections officer, taxicab driver, health care provider, sporting official, transit driver, school employee or judge, the law provides for increased penalties and makes it even more important that you have knowing and practiced attorneys on your side.

Just because you have been charged with assault and/or battery does not mean the prosecution can obtain a conviction. There are a number of defenses available to you, including but not limited to:

• Self-defense
• Unintentional/normal contact under the circumstances
• Insufficient evidence intent to harm the person
• Defense of others or defense of property
• Involuntary intoxication
• Consent
• Duress

Quite commonly the charge of assault and battery arises out of an altercation between two people. Often, these situations involve escalating conduct which leads to a fight. This makes it of paramount importance that witnesses be interviewed and statements taken at the earliest possible time. By getting out in front of the charges, exculpatory evidence can be developed by the trial attorneys at Hofland & Tomsheck and their private investigators.

Your freedom and reputation are at stake. Do not delay for even one more minute. Contact a Las Vegas battery attorney at Hofland & Tomsheck now and put our team of savvy and seasoned litigators to work for you. Call today for a free initial consultation.