What is Assault & Battery?
Many people are unaware of the true meaning of Assault & Battery, how they differ, and when they apply. Assault and battery do not always go hand in hand, although because of the nature of these offenses, they often end up paired together.
Assault is the attempt to use physical force or intentionally placing someone in fear of immediate physical harm. It generally carries a 6 month jail term and fines (if no weapons are involved). Click here for the NRS Statute NRS200.471. If the assault is with a deadly weapon it becomes a more serious offense.
Battery involves use of actual force or violence upon another – even if no actual harm happens. This also carries a 6 month jail term and fines (if no weapons or substantial injury occur). Click here for the NRS Statute NRS200.481.
But I never touched anyone!
You may have noticed that neither of these offenses requires someone to actually be injured or harmed in order to be convicted and sentenced. Besides the jail time and fines, an offense like this on your permanent record can cause serious problems for you down the line. It is extremely important that if you are facing these kinds of charges, you hire a skilled attorney to defend your position.
Your situation and specific circumstances
There are often specific mitigating circumstances that can reduce or eliminate the charges completely. Perhaps there was someone provoking the assault (a fineable offense on its own) – you know the type – they use their words and gestures to get under someone’s skin and practically dare them to ‘take a swing’ in order to say they were only defending themselves once the imminent battery actually happens.
Self-defense as a criminal defense
Self-defense, if for legitimate reasons and under reasonable circumstances, can be one reason for a justifiable assault or battery on someone who is trying to hurt you. There are specific and defined situations where this can be used as a defense in court, so again it falls to your criminal defense lawyer to keep your interests at heart and present the facts of the case to the court on your behalf.
That’s where I come in – I am here to listen to the facts of the case and your side of the story and then present your defense in order to have the charges against you dropped or your penalties minimized. Call me today for a consultation at: 775-785-9116
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