Criminal Battery Constituting Domestic Violence In Nevada
5.24.21 | Criminal Law
Huggins Law Office : The Best Las Vegas Criminal Domestic Battery Defense Attorneys
The use of violence or force against another person is known as battery and is a criminal offense. If the alleged victim of battery is a person you are in a romantic relationship with, person you are living with, family member, ex-spouse, or spouse, you may face battery domestic violence charges. In Nevada, battery is considered a serious crime and it does not matter whether the alleged victim actually presses charges or not. Once police charge a person with battery domestic violence, state prosecutors will almost always move forward with the case.
What Actually Constitutes a Battery Offense in Nevada?
A battery charge in Nevada is usually connected to assault charges since both are executed in one altercation. However, most people don’t know that they are actually separate offenses. Battery is defined as the willful and unlawful use of violence or force upon another person.
The definition is so broad that a Nevada battery defense lawyer understands that many offenses can be included under this type of criminal charge. Battery differs from assault since physical contact must be made against another person while assault is defined as the threat of inflicting harm with intent to follow through and includes domestic violence, physical violence, or unwanted sexual contact.
The Penalties for Battery in Nevada
In Nevada, the punishment for battery varies depending on the circumstances surrounding the case, such as the presence of a deadly weapon during the incident or a separate charge for assault. Here is a brief breakdown of possible penalties:
– If a deadly weapon was used during the battery, the offender can face up to 15 years in state prison.
– If there was no use of a deadly weapon and no substantial injury was caused to the victim, the battery will be classified as a misdemeanor.
– If a person who is in lawful custody or on probation for a crime commits the battery, he or she could be charged with a category B felony.
– If a person sustained injuries from the attack, the battery is a category C felony.
– If the battery was committed against a transit operator, taxicab driver, sporting event official, school employee, health care provider, or an officer, then the penalties will increase.
– The battery charges could escalate to a category B felony punishable by a prison term of 2 to 10 years or a fine of up to $10,000.
Battery Vs Domestic Violence
When reviewing the issue of battery that constitutes domestic violence in Nevada, there are several issues to consider. First, battery can be defined as any violence or force on another person, even if it does not cause direct physical injury to the victim. Even unwanted contact or minor force can be considered battery, such as touching another person in an intimate way against their will or spilling a drink on a person.
Contact with an object intimately associated with the victim or even their clothing may constitute battery. The contact would have to be intentional. However, accidental and unintentional contact should not be considered battery. Battery is usually charged as domestic violence if the offense is committed against a person the defendant is living with, a person the defendant is in a relationship with, an ex-spouse, a spouse, or a family member.
Defense Against Battery Charges in Nevada
Understanding the severity of the crime of battery and the harsh penalties likely to result from it shows why it is important to have strong legal representation. Huggins Law Firm in Las Vegas, Nevada has been fighting for the freedom and right of people in and around Nevada for over 15 years.
Being accused of the crime of battery is something that you should take very seriously since it can result in a jail term, so don’t hesitate to enlist the help you require to defend yourself against the charges. Call upon Huggins Law Office today.
If you have been accused of the crime of battery or you believe that the justice system has treated you unfairly, you should not hesitate to talk to the capable battery defense lawyers from Huggins Law Office in Las Vegas, Nevada today to discuss your case with a free consultation at (702) 387-4014. Learn more about Battery constituting domestic violence here.