Reno Assault Lawyer
Defending Clients Who Are Facing Assault Charges in 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.
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.
What Is the Difference Between Assault and Battery?
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:
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.
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.
Contact Our Reno Assault 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.
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