Assault and battery charges range from misdemeanors to felonies depending on the seriousness of the offense. Our Las Vegas assault and battery attorneys can usually get cases reduced to a lesser offense or dismissed outright while keeping your criminal record clear.
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1. How do I fight assault and battery charges in Las Vegas?
Three common defenses to Nevada assault and battery charges are:
- You acted in lawful self-defense. Nevada state law permits you to fight back against an assailant using reasonable and proportional physical force.
- The incident was an accident. Accidents happen, and you committed no crime if you unknowingly hit someone.
- You were falsely accused. Our lawyers can help if you were falsely accused. Sometimes people levy false allegations out of anger or revenge or to get a leg-up in divorce or child custody proceedings. And some accusers even self-inflict injuries to back up their false story.1
Typical evidence in assault & battery cases includes medical records from health care providers, eyewitnesses, surveillance video, and recorded communications.
Battery is making unlawful physical contact on another person, such as punching.
2. Can I go to jail for battery and assault in Las Vegas?
Nevada’s penalties for assault and penalties turn on the specifics of the case.
Assault is usually a misdemeanor carrying up to six months of jail time and/or up to $1,000 in fines. But assault with a deadly weapon is a category B felony, punishable by:
- 1 to 6 years in Nevada State Prison, and/or
- up to $5,000 in fines.
Battery that causes no substantial bodily harm and involves no use of a deadly weapon (“simple battery”) is a misdemeanor. The penalties for a misdemeanor battery offense are up to six months in jail and/or up to $1,000 in fines.
Battery that causes substantial bodily harm – or that involves strangulation – is a category C felony if no deadly weapon is used. The penalty is:
- 1 – 5 years in prison, and
- up to $10,000.
If a deadly weapon is used, battery is a category B felony, carrying at least two years in prison and a fine of up to $10,000. If the alleged victim sustained substantial bodily harm or was strangled, the maximum sentence is 15 years in prison. Otherwise, the maximum sentence is 10 years.
Note that assault and battery carry harsher penalties if the defendant was in custody or on parole or probation at the time, or if the victim was a “protected” professional such as police officer, taxicab driver, and school employee. Also note that judges typically allow defendants to do community service in lieu of fines.2
3. How long does the D.A. in Las Vegas have to file assault and battery charges?
Nevada’s statute of limitations for filing assault or battery charges depends on the category of crime:
| Assault and Battery category | Statute of limitations |
| Felonies | 3 years after the commission of the crime |
| Gross misdemeanors | 2 years after the commission of the crime |
| Misdemeanors | 1 year after the commission of the crime3 |
Prosecutors usually bring charges for violent crimes as soon as possible. Otherwise, they risk evidence being lost and eyewitnesses losing their memories.
4. Can I get bail in Las Vegas while awaiting trial for assault and battery charges?
Nevada judges are more likely to release assault or battery defendants on bail if they are facing misdemeanor rather than felony charges. But if the assault and battery attorney can show the judge at the bail hearing that the defendant is not a safety risk, the judge has the discretion to grant bail release or house arrest in felony cases.
Assault is putting a person in immediate anticipation of being battered.
5. How can a Las Vegas assault and battery attorney help my case?
Our Nevada criminal defense attorneys realize that the consequences of an assault or battery conviction are dire. In addition to fines and incarceration, defendants may be unable to find work due to having a marred criminal record. So we take the following three measures:
- Weaken the state’s evidence. Our Las Vegas assault and battery lawyers go through the state’s evidence with a fine-tooth comb in search of every mistake and inconsistency. And if the police found the evidence through an illegal search, we would ask the court to disregard (“suppress“) it altogether.
- Find new evidence. Our Las Vegas assault and battery attorneys conduct our own investigation in search of all the surveillance video, eyewitnesses, medical records, and other evidence that shows or indicates that you are innocent.
- Wear down the prosecutors. Our Las Vegas assault and battery lawyers hold aggressive negotiation conferences with the D.A. in an effort to convince them that their case would not stand up to a jury’s scrutiny. In nearly every case, we can achieve a substantial battery/assault charge reduction through a plea bargain or a dismissal without having to go to trial.
Contact our experienced Las Vegas assault and battery lawyers for legal advice. Our criminal defense lawyers fight for the best possible resolution for your legal issue.
Our law firm serves Clark County (including Henderson) and the state of Nevada. Our Nevada law office’s practice areas include every criminal charge from DUI to domestic violence. We also practice personal injury law.
Legal References
- See, for example: Davis v. State, (2014) 321 P.3d 867, 130 Nev. Adv. Rep. 16; Newman v. State (2013) .
- NRS 200.471. NRS 200.481.
- NRS 171.085; NRS 171.090.