While the two might sound similar, assault and battery are two separate criminal offenses in Nevada. The key difference between them is intent and action. Assault is defined as the intention of an individual to intimidate or threaten another person. Battery, however, is more than a threat; it is an act of violence against another person that can result in harm or bodily injury. These types of crimes are often committed with a deadly weapon. Any item that can be used to inflict deadly force on another person can be considered a deadly weapon. Therefore, if someone attempted to stab another person with a pen, the pen can be considered a deadly weapon.
Is Assault or Battery a Felony in Nevada?
Whether or not battery or assault are considered felonies in Nevada depends on the specific details of the case. Either one of these charges can be a misdemeanor, a gross misdemeanor, or a felony charge, depending on a number of factors. Prior offenses, the use of a deadly weapon, and the victim’s injuries will all play a role in how a battery or assault case is handled.
Determining Guilt in Assault and Battery Cases
In Nevada, a person can receive a conviction for either of these offenses, regardless of whether or not the victim sustained any injuries. The presence of injuries is not the only thing that is considered in a case involving assault or battery. The use of illegal force, intent to threaten or harm, and the victim’s awareness will all play a part in determining the guilt of a defendant. That said, battery is slightly different when it comes to determining guilt.
In a case involving battery, the victim does not have to be aware of the act in order for a conviction to occur. For example, if the defendant is accused of slipping a drug into someone’s drink and caused intentional harm while he or she was unconscious, this is still considered battery and the victim’s awareness is not necessary to determine guilt.
Criminal Defense Attorney in Reno
If you were arrested or charged with assault or battery, you should not have to endure this alone. Everyone deserves to have legal representation to ensure their rights are protected. At the Law Office of Kenneth A. Stover, it is our mission to help you walk away from a criminal allegation with a cleared name. With over 20 years of experience, you can trust in our ability to fight for you.
Contact our office at (775) 502-1575 to schedule a free consultation today.