Reno Assault Defense Attorney for Your Legal Needs
Protecting Clients Facing Assault Charges Across Nevada
Even though physical violence may not be involved in your case, assault charges are considered violent crimes and are taken very seriously by both law enforcement and prosecutors. At the Law Offices of Kenneth A. Stover, Attorney Stover is a former prosecutor who is well-versed in how the state handles these cases and what can be done to ensure that defendant receives every consideration they deserve.
Understanding the Penalties for Assault Charges in Nevada
The seriousness of an assault charge depends on the circumstances of the incident. Simple assault, for example, is the basic charge which involves no aggravating factors. There are also assault charges that involved victims of "protected classes" (such as law enforcement officers) and assault with a deadly weapon.
Assault charges can result in the following:
- Simple Assault - up to $1,000 in fines and/or six months in jail
- Protected Class Assault - up to $2,000 in fines and/or one year in prison
- Assault with a Deadly Weapon - up to $5,000 in fines and/or six years in prison
- If the defendant in an assault case is an inmate or on probation or parole, they may be exposed to tougher penalties.
Key Differences Between Assault and Battery Explained
Assault and battery are two distinct but related criminal offenses, often used together in legal terminology. They involve different elements and actions, and the main difference between the two lies in the nature of the conduct and the level of harm involved:
What Constitutes Assault?
Assault is the intentional act of causing another person to fear or apprehend an imminent threat of physical harm. It does not require actual physical contact or injury.
To establish assault, the following elements must generally be present:
- Intent: The offender must have the intent or knowledge that their actions will cause the victim to fear imminent harm.
- Apprehension: The victim must reasonably believe that they are about to be harmed.
- Imminent Threat: The threat of harm must be immediate or imminent.
Understanding Battery
Battery is the intentional and unlawful physical contact or bodily harm inflicted upon another person without their consent.
To establish battery, the following elements must generally be present:
- Intent: The offender must intend to make physical contact or cause harm to the victim.
- Unlawful Contact: The contact or harm must be unlawful, meaning it is done without legal justification or consent.
- Physical Contact: Unlike assault, battery requires actual physical contact or harm.
In summary, the primary difference between assault and battery is that assault involves the apprehension or fear of imminent harm without actual physical contact, while battery involves the intentional and unlawful physical contact or harm inflicted upon another person.
In many legal systems, these two offenses are often charged together when both elements are present, leading to a charge of "assault and battery." The specific definitions and penalties for assault and battery can vary by jurisdiction, so it's important to consult the laws in your particular area for precise details.
How an Assault Attorney Can Assist You
An assault attorney can help you navigate the legal process if you've been a victim of assault. Here are some ways they can assist you:
- Legal Guidance: An assault attorney can explain your rights and the legal options available to you. They can provide guidance on how to proceed with your case, whether through civil or criminal court.
- Representation: If you decide to pursue a civil case against the perpetrator, an assault attorney can represent you in court. They will advocate on your behalf to seek compensation for damages such as medical bills, lost wages, and pain and suffering.
- Negotiation: An assault attorney can negotiate with the other party's legal team or insurance company to reach a settlement that is fair and satisfactory to you.
- Evidence Gathering: Your attorney can help gather evidence to support your case, such as medical records, witness statements, and expert testimony.
- Court Representation: If your case goes to trial, your attorney will represent you in court, presenting your case to the judge and jury and advocating for your rights.
- Emotional Support: Dealing with the aftermath of assault can be emotionally challenging. An assault attorney can provide support and guidance throughout the legal process.
If you've been a victim of assault, it's important to seek legal advice from an experienced attorney who handles assault matters. They can help you understand your rights and options and work to ensure that you receive the justice and compensation you deserve.
Get in Touch with Our Reno Assault Defense Attorney Today
If you have been charged with assault, then it is crucial that you speak with a capable criminal defense attorney immediately. NRS 200.471 defines assault as intentionally threatening to hurt another person. Despite what many people think, assault doesn't include the actual, physical touching of another person. A suspect can be convicted of assault as long as the prosecution can prove that they had the intent to harm another person.
Have you been accused of assault? Call Law Offices of Kenneth A. Stover today at (775) 502-1575 or contact us online to schedule a free consultation with our Reno assault defense attorney.
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