Las Vegas Criminal Lawyer
Las Vegas Assault and Battery Lawyer
If you’re facing Misdemeanor assault or battery charges in Las Vegas, or more serious Felony Assault or Felony Battery charges anywhere in Nevada, you need a nationally recognized criminal defense attorney with proven results. Josh Tomsheck, a former Chief Deputy District Attorney and Board-Certified Criminal Trial Lawyer, is your best ally in fighting assault or battery allegations in Nevada.
Whether you’ve been arrested after a bar fight on the Strip, accused of domestic violence, or charged with battery on a protected person such as a police officer or nurse, the consequences can be life-altering. Even a misdemeanor battery conviction can result in jail time, fines, a permanent criminal record, and a loss of your rights. Felony charges may carry years in prison.
That’s why choosing the right lawyer is critical.
Understanding Assault and Battery Charges in Nevada
In Nevada, assault and battery are two distinct but often confused criminal offenses. Both crimes are defined in Chapter 200 of the Nevada Revised Statutes (NRS) and range in severity based on the circumstances, the alleged victim, and whether a weapon was involved.
What is Assault?
Under NRS 200.471, assault is defined as:
“Unlawfully attempting to use physical force against another person, or intentionally placing another person in reasonable apprehension of immediate bodily harm.”
This means you can be charged with assault even if no physical contact occurred. Raising a fist, pointing a weapon, or making a threatening movement can all be considered assault if the other person reasonably feared harm.
What is Battery?
Under NRS 200.481, battery is:
“Any willful and unlawful use of force or violence upon the person of another.”
This includes anything from a slap or shove to a serious beating. Battery requires physical contact, but even minimal contact can result in arrest and charges.
Common Assault and Battery Charges in Las Vegas
Assault and battery offenses are prosecuted aggressively in Clark County, especially when the alleged victim is considered “protected,” such as a police officer, healthcare worker, or school employee.
Some of the most commonly charged assault and battery crimes in Las Vegas include:
Types of Assault Charges in Nevada
✅ 1. Simple Assault – NRS 200.471(1)(a)
This is the most basic form of assault and is usually charged as a misdemeanor. It may involve:
- Throwing a punch but missing
- Verbally threatening someone with physical harm
- Advancing toward someone in a threatening manner
- Threatening to strike someone with a fist
Penalty: Up to 6 months in jail and/or a $1,000 fine
✅ 2. Assault with Use of a Deadly Weapon – NRS 200.471(2)(b)
A more serious form of assault involving a gun, knife, or any object capable of causing substantial harm. No actual contact needs to occur—just placing someone in reasonable fear using the weapon.
Penalty: Category B felony, 1–6 years in prison, and fines up to $5,000
✅ 3. Assault on a Protected Person – NRS 200.471(2)(e)
Assaulting someone in a protected class—such as police officers, firefighters, healthcare providers, school employees, taxi drivers, or transit workers—while they’re performing their duties results in enhanced penalties.
Penalty: Can be a gross misdemeanor or felony depending on the context; up to 6 years in prison
Types of Battery Charges in Nevada
✅ Simple Battery (Misdemeanor) – NRS 200.481(1)(a)
- A first-time offense involving minor physical force, like a shove or slap, with no serious injury.
- Punishable by up to 6 months in jail and/or a $1,000 fine.
✅ Battery Resulting in Substantial Bodily Harm – NRS 200.481(2)(b)
- Involves injuries such as broken bones, loss of consciousness, or disfigurement.
- Classified as a Category C felony, carrying 1–5 years in prison and fines up to $10,000.
✅ Battery with Use of a Deadly Weapon – NRS 200.481(2)(e)
- Includes using any object capable of causing serious injury—firearms, knives, or even improvised weapons.
- A Category B felony with 2–15 years in prison depending on injuries and weapon used.
✅ Battery on a Protected Person – NRS 200.481(2)(f)
- Includes police officers, firefighters, healthcare workers, school employees, and others acting within their official duties.
- Punishment is enhanced—for example, battery on a police officer can be a Category B felony, punishable by 2–10 years in prison.
✅ Domestic Battery (Battery Domestic Violence – BDV) – NRS 200.485
- Involves battery against a spouse, former spouse, dating partner, cohabitant, or co-parent.
- First-time offense is typically a misdemeanor, but penalties increase for repeat offenses, use of strangulation, or use of a weapon.
Why These Charges Are So Serious in Las Vegas
Prosecutors in Las Vegas and throughout Nevada are under pressure to appear “tough on crime,” particularly in cases involving violence. A conviction for assault or battery—especially one involving a weapon, serious injury, or protected victim—can impact your career, immigration status, custody rights, and reputation.
You may be required to complete community service, anger management counseling, or lose your right to own firearms. If the alleged victim was your partner or family member, you may be subject to a no-contact order or protective order even before your trial.
Don’t try to navigate this alone.
Defending Assault and Battery Charges in Nevada
Attorney Josh Tomsheck knows how to dismantle assault and battery allegations. As a former Chief Deputy District Attorney in Clark County, Josh was responsible for charging and trying violent crimes. Today, he uses that experience to identify weak evidence, challenge biased witnesses, and uncover violations of your rights.
Every case is unique, but potential defenses may include:
🔹 Self-Defense or Defense of Others
If you acted to protect yourself or someone else from immediate harm, your actions may be legally justified under NRS 200.200.
🔹 Mutual Combat or Consent
In some situations, both parties engage in a fight voluntarily or consent to physical activity that results in injury.
🔹 False Accusations
Josh Tomsheck has successfully exposed fabricated claims made out of anger, revenge, or jealousy—especially in domestic cases.
🔹 Lack of Intent or Mistaken Identity
In crowded or chaotic situations (like a nightclub or concert), it’s easy to misidentify someone or misinterpret actions as intentional violence.
🔹 Violation of Rights
Illegal arrests, improper police questioning, or flawed lineups may lead to suppression of evidence or dismissal of charges.
Why Josh Tomsheck is the Best Lawyer for Assault and Battery Defense in Las Vegas
Attorney Josh Tomsheck is not just another criminal defense lawyer. He is among the elite few who are:
- ✅ Nationally Board-Certified in Criminal Trial Law by the NBTA
- ✅ A former Clark County Chief Deputy District Attorney
- ✅ A Registered Specialist in Criminal Trial Law by the State Bar of Nevada
- ✅ A Life Member of the National Association of Criminal Defense Lawyers (NACDL)
- ✅ A skilled litigator with over 200 trials to verdict
- ✅ Hundreds of dismissals or Not Guilty verdicts of Assault and Battery charges in Nevada
Josh has defended thousands of clients in Nevada courts—from misdemeanor bar fights to felony-level assault with weapons—and won dismissals, acquittals, and reductions through his relentless preparation and strategic defense.
Because he worked in the same prosecutor’s office that files assault and battery charges, he knows what evidence matters and how to challenge it. He also knows how to intervene early in the case—sometimes even before charges are filed—to negotiate a favorable resolution or prevent charges altogether.
Assault and Battery Charges in Las Vegas Justice Court and Municipal Court
If your assault or battery charge was filed in Las Vegas Justice Court, your case may proceed to the Clark County District Court if it is a felony. If it’s a misdemeanor (such as simple battery or first-time domestic battery), it will be heard in Las Vegas Municipal Court or Justice Court, depending on the agency that made the arrest.
Attorney Josh Tomsheck appears daily in these courts and is known by prosecutors, judges, and court staff. That familiarity with local court procedures, diversion programs, and pre-trial motions gives you a significant advantage when fighting your charges.
Facing Charges? Contact Josh Tomsheck Today
If you or someone you love is being investigated for or has been arrested on assault or battery charges in Las Vegas, don’t wait. Time is critical. Witnesses disappear, evidence fades, and your future is at risk.
Call Josh Tomsheck today at 702-895-6760 or visit LVNVLawFirm.com to schedule a confidential consultation. Our office is located in the heart of downtown Las Vegas and offers representation in Justice Court, Municipal Court, and District Court across Clark County.
