Misdemeanor Battery in Nevada
Battery is one of the most commonly charged misdemeanor crimes in Nevada. Although it is a misdemeanor offense, it is considered a “crime of violence” and a conviction can have serious consequences. The law related to Battery is found in Nevada Revised Statute (NRS) Battery – NRS 200.481
Definition of the Crime and Essential Elements
For the State to meet their burden of proof in showing someone guilty of committing the misdemeanor crime of battery, it must show beyond a reasonable doubt the following essential elements:
1) The accused used willful and unlawful force;
2) On the person (the body) of another.
Battery Related Offenses
Other similar or related offenses include:
5. Battery with use of a Deadly Weapon – NRS 200.481
While at a local bar, X and D have an argument because of the current sports game being played. X believes the referees call should have gone against the team opposing his favorite team. An argument ensues. During the argument, D punches X in the nose.
J is driving down the interstate. While driving, another driver, P, cuts J off. P then exits the interstate. J follows P off the exit to the nearest stop light. While stopped, J gets out of his car and goes up to P’s window. J slaps P through the open window.
Defenses to Battery
With any criminal allegation in Las Vegas, the fact that someone is accused and the State or City brings criminal charges does not mean it will result in conviction. There are literally countless different defenses which are available to a person accused.
Nevada self-defense law allows a person to defend against immediate bodily injury, or worse, as long as the force is reasonable under the given circumstances. It can be argued, that in the case of X and D, X is committing battery but it is justifiable under the doctrine of self-defense.
This is just a basic example to illustrate a simple point. Each criminal allegation is different and almost every case has a defense. An experienced Las Vegas Criminal Defense attorney can review the facts and the law in each case to build the best defense possible.
Potential Penalty for Misdemeanor Battery
Misdemeanor battery convictions are punishable by jail time of up to six (6) months in county or city jail, and/or a fine of up to $1,000. The accused may be asked to pay restitution, compete anger management classes or do community service among other requirements.
Criminal Defense for Misdemeanor Battery
Felony battery can be a very complex case, and an experienced criminal defense attorney will be able to help you and your legal needs. If you are facing this difficult allegation, do not do it alone. It is critical that the person accused meets with an experienced Las Vegas Criminal Defense Attorney immediately in order to begin building your best defense before your case ever proceeds to Court. Anyone accused of battery should make a call to Nationally Board Certified Criminal Defense Specialist Josh Tomsheck right away. As a former Chief Deputy District Attorney, selecting Mr. Tomsheck to represent you is one of the best choices you can make. Las Vegas Criminal Lawyer Josh Tomsheck has a wealth of experience handling battery charges of all varieties, as well as all other violent crime allegations in Nevada.
For more information about the charge and defense of battery in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation. (702) 895-6760.