What Is a Battery?
Understanding Battery as a Crime in Nevada
Battery is one of the most frequently charged crimes in Nevada, and it can take many forms, from minor altercations to violent assaults. Under Nevada law, battery is a criminal act that involves the unlawful use of force or violence against another person. While battery is commonly associated with physical harm, the legal definition covers a broad range of actions that involve unwanted physical contact. This page explains what constitutes battery in Nevada, how it is classified as a crime, and how it relates to Battery Constituting Domestic Violence (BDV).
Definition of Battery in Nevada
Battery, as defined under Nevada Revised Statute (NRS) 200.481, occurs when a person willfully and unlawfully uses force or violence upon another person. This means that the physical contact must be intentional, and it must occur without the consent of the person being touched. It's important to note that battery doesn't necessarily require serious physical injury—any intentional, offensive, or harmful contact can be considered battery.
Examples of Battery Include:
Punching, slapping, or hitting someone
Shoving or pushing someone with force
Kicking or kneeing someone
Grabbing or restraining someone without consent
Throwing objects at someone that cause or intend to cause harm
The degree of force or harm involved in the act determines the severity of the battery charge. Nevada law distinguishes between simple battery and aggravated battery, which involves the use of weapons or results in severe bodily harm.
Key Elements of Battery in Nevada
For a person to be convicted of battery in Nevada, the prosecution must prove the following elements beyond a reasonable doubt:
Unlawful Force or Violence: The defendant must have used physical force or violence against another person. This force can be minimal, such as a shove, or significant, such as a punch or strike with a weapon.
Willfulness and Intent: Battery requires intent. The prosecution must demonstrate that the defendant acted willfully, meaning the physical contact was deliberate, rather than accidental. Unintentional contact, such as bumping into someone, does not constitute battery. This does not however, mean that a battery requires a specific result. Battery is a general intent crime as opposed to a specific intent crime, such as Attempted Murder, where the perpetrator must have the specific intent to kill.
Lack of Consent: The physical contact must occur without the victim's consent. Even if the contact doesn't result in visible injury, if it is unwanted and offensive, it qualifies as battery under Nevada law.
While these are the basic elements of battery, the context in which the battery occurs can significantly alter the charges and penalties.
Types of Battery Charges in Nevada
Nevada law recognizes various degrees of battery, ranging from misdemeanors to felonies. The nature of the physical contact, the intent behind it, and the resulting harm all contribute to the severity of the charge. The main types of battery charges in Nevada include:
Simple Battery
Simple battery involves minimal physical contact that does not result in significant injury. This type of battery is often charged as a misdemeanor. An example of simple battery might be shoving someone during an argument, even if the shove doesn't cause any visible harm. This charges occurs when the participants are not in a domestic relationship or intimate partners.
Battery with Substantial Bodily Harm
If the battery causes significant physical injury, such as broken bones, disfigurement, or permanent injury, it may be charged as battery with substantial bodily harm, which is a felony. This type of battery results in harsher penalties, including longer jail or prison sentences and higher fines.
Battery with a Deadly Weapon
If a deadly weapon is used in the commission of a battery, the charge is elevated to a felony. A deadly weapon can include any item which by its design is likely to cause substantial bodily harm, this would include all firearms and most knives, ora deadly weapon is any object that is used in such a way as would be likely to cause substantial bodily harm or death, such as a baseball bat or a bottle of liquor, depending on how it is used. A deadly weapon can be most objects, if used in such as way to cause significant injury or death. Even if the weapon does not cause substantial injury, the mere use of it during a battery can result in a serious felony charge.
Battery Constituting Domestic Violence
One of the most common forms of battery in Nevada is Battery Constituting Domestic Violence (BDV). This occurs when the battery is committed against a person with whom the accused has a domestic relationship. Domestic battery is treated more seriously than simple battery due to the nature of the relationship between the parties involved.
What Is Battery Constituting Domestic Violence?
Battery Constituting Domestic Violence is a specific form of battery under Nevada Revised Statute (NRS) 200.485 that involves acts of battery committed against a family member or household member. Domestic violence laws in Nevada are designed to protect individuals in close relationships from physical abuse, and the penalties for BDV are often more severe than for other types of battery.
A person may be charged with battery constituting domestic violence if the act of battery occurs against any of the following:
Spouses or former spouses
Individuals in a dating or intimate relationship
Parents and their children
Roommates or cohabitants
Individuals who share a child, regardless of their relationship status
Differences Between Battery and Domestic Battery
While battery and domestic battery share many legal elements—such as intent, unlawful force, and lack of consent—domestic battery charges carry unique penalties and consequences due to the nature of the relationship between the individuals involved. The presence of a domestic relationship changes the classification of the battery from a simple battery to a domestic violence offense.
Key differences include:
Penalties: Domestic battery convictions often result in mandatory counseling programs, community service, and the loss of firearm rights under federal law, even for misdemeanor offenses. Additionally, repeat domestic battery offenses within seven years are treated more harshly, with third offenses being charged as felonies.
Protective Orders: In domestic battery cases, the court may issue a protective order that prevents the accused from contacting the victim, visiting their shared home, or interacting with their children. Violating such an order can result in further criminal charges.
Mandatory Arrest: Nevada has strict laws regarding mandatory arrest in domestic violence cases. If law enforcement is called to the scene of a domestic disturbance and finds probable cause that domestic battery occurred, they are required to make an arrest, even if the alleged victim does not want to press charges.
Penalties for Battery Constituting Domestic Violence
The penalties for Battery Constituting Domestic Violence (BDV) in Nevada depend on the severity of the offense and whether the accused has prior convictions. A first offense BDV is typically charged as a misdemeanor, with penalties including:
2 days to 6 months in jail
Fines ranging from $200 to $1,000
Mandatory counseling each week for a minimum of 6 months
Community service hours
A second offense within seven years results in increased penalties, while a third offense within seven years is automatically charged as a felony, which can lead to 1 to 5 years in state prison and fines up to $10,000 and is non probationable.
Defending Against Battery and Domestic Battery Charges
If you are facing battery or domestic battery charges in Las Vegas or elsewhere in Nevada, it's crucial to have a strong legal defense. Some potential defenses to these charges include:
Self-defense: If you acted to protect yourself or another person, this can serve as a valid defense.
Accident: If the physical contact was accidental, it may not meet the legal standard for battery.
False allegations: Domestic battery charges are sometimes falsely made during contentious divorces or custody disputes, and your attorney can challenge the credibility of the accusations.
Having an experienced criminal defense attorney like Josh Tomsheck on your side can significantly impact the outcome of your case. As a board-certified criminal trial attorney and former Chief Deputy District Attorney, Josh Tomsheck has successfully defended clients against battery and domestic battery charges in Las Vegas, helping them avoid the life-altering consequences of a conviction.
If you are facing charges of battery or battery constituting domestic violence in Nevada, you need an experienced and knowledgeable Las Vegas Battery lawyer who understands Nevada law. Contact the law firm of Hofland & Tomsheck today to schedule a consultation with Josh Tomsheck and learn how he can help protect your rights and future.
