The words “assault” and “battery” are often used in the same breath to describe the same charge. People even tend to interchange the words, unconcerned about whether doing so causes any confusion.
In many ways, it’s okay to swap the terms. At the crimes’ most basic levels, they are usually charged and penalized identically.
There is, however, a legal difference between assault and battery. In this article, we will explore how the crimes are similar and different, and we will discuss Nevada’s penalties for each.
Defining Assault
Essentially,assault involves an unwanted invasion of personal space. If you spit on someone or throw something at them, you could be charged with assault. Recentheadlines have revealed examples of glitter bombs resulting in assault charges.
Assault can also be the threat or intent of violence. If you get into someone’s face, yelling at or threatening them, you could be arrested. You may even be charged for balling your fist up at someone. Taking a swing at someone and missing is also a form of assault.
Defining Battery
Battery involves direct, physical, violent contact. It could be as minor as pushing someone or as egregious as a savage beatdown. Using objects to strike someone counts as battery as well, even if you throw it from a long distance.
Injury is not necessary to secure a battery charge. The simple act of touching someone against their will is enough to result in a battery arrest.
Nevada’s Assault Penalties
“Simple assault,” or assault committed without a weapon, is amisdemeanor in Nevada. It is punishable byup to 6 months in jail withfines as high as $1,000.
“Assault with a deadly weapon” is a Category B felony in the state. This is the second-highest felony class, so the charge is very serious. A guilty verdict could put someone inprison for 1 to 6 years, and the offender could be forced to payfines up to $5,000.
Nevada’s Battery Penalties
Battery penalties rise depending on the damage to the victim. If thevictim is mostly unharmed, the attacker faces amisdemeanor, penalized byup to 6 months in jail withfines up to $1,000.
If thevictim is seriously harmed, the battery becomes aClass C felony, punishable by1 to 5 years in prison andfines up to $10,000.
Battery with a deadly weapon is aClass B felony. It leads to2 to 10 years in prison andfines up to $10,000.
Penalties also rise based on the victim. While on the job, certain workers are labeled “protected classes” An offender could suffer greater consequences for attacking one of these workers. Protected classes include teachers, officers, traffic workers, sports officials, and more.
If you’ve been accused of assault or battery, our firm is here to help defend you. For a free consultation, call us today at (775) 502-1575. You may alsocontact us online.
