Nevada Revised Statutes 200.481 – Battery

What Is the Legal Definition of Battery?

The legal definition of battery is any kind of forceful or offensive touching against another person. A battery is actual, physical contact with another person that violates the law. To constitute a battery, the touching must be forceful or offensive. A battery may be violent, like hitting someone in the face, but it doesn’t have to be. A battery is any kind of offensive, non-consensual touching.

Is Battery a Felony in Nevada?

Battery is not a felony in Nevada if there are no aggravating factors. Simple battery in the State of Nevada is a misdemeanor. However, battery may be a felony if there are special circumstances present.

For example, if substantial harm occurs to the victim, or if the offense involves strangulation, battery is a felony. If the victim is in a special class like a police officer, health care provider, or sports official, battery is a felony. Battery may be a felony or misdemeanor in Nevada, depending on the circumstances of the offense.

Can You Go to Jail for Misdemeanor Battery?

Yes, you can go to jail for misdemeanor battery. The court may impose any amount of jail time up to the possible maximum for the offense. Sometimes, a misdemeanor battery conviction results in jail time. Other times, the offenders receive a sentence of probation and other penalties.

Whether or not you go to jail for misdemeanor battery depends on your criminal history, the severity of the offense, the victim’s injuries, and any other relevant factor.

What Are Common Defenses to the Charge of Battery?

Common defenses to the charge of battery include:

• Lack of intent; the defendant did not intend to strike the victim
• The defendant acted in self-defense
• Defense of others under the same conditions that a person could exercise self-defense
• Necessity; the defendant acted to prevent a more serious harm
• The touching was not forceful, violent or offensive; the touching was not legally offensive
• A witness is mistaken or being untruthful
• The defendant was rendering aid to an unconscious person during a medical event

Can I Seal Criminal Records of Assault or Battery?

Yes, you can seal criminal records of assault or battery. In the State of Nevada, for an assault and battery conviction, you may seal the record two years after the case closes. That means, if you serve a term of probation, you can seal the record two years after your probation is complete. If you meet all of the qualifications for record sealing, yes, you can seal criminal records for assault or battery.

Are There Immigration Consequences to a Battery Conviction?

Yes, there may be immigration consequences to a battery conviction. A battery conviction may result in the revocation of lawful resident status. It may also prevent a person from receiving lawful resident status or citizenship.

When a person faces assault charges, it’s important to be aware of immigration consequences that may result when deciding how to handle the case. Battery is a serious conviction, and it is possible that immigration consequences may result.

Battery Does Not Have to Be Violent; Battery Must Be Intentional

A lot of people think that, for battery to occur, the touching has to be violent. That isn’t the case. Some kinds of illegal physical contact are not forceful at all. A battery may be forceful or not, as long as it’s legally offensive to a reasonable, objective person. In addition, a battery may occur with direct physical contact from person to person, or it may involve striking a person with an object, or striking an object that is in contact with the other person.

Not all kinds of physical contact amounts to battery. Accidental touching, like falling and hitting someone else, is not a battery. People getting jostled in a crowd is also not battery when it occurs accidentally. Battery is a specific intent crime. It can only happen on purpose. While the touching doesn’t have to be forceful to be against the law, it has to be intentional.

Battery Charges and Civil Law

Battery isn’t just a crime. It’s also a civil wrong. A person who commits battery may have civil liability to the victim. In a battery civil case, the victim may claim economic and non-economic damages. The burden of proof to win a civil case is a preponderance of the evidence. The burden in a criminal case is higher.

Even if the criminal case is not successful, a different court decides the civil case with different legal standards. When you’re hurt because of a battery, a civil claim is the only way to claim the full compensation that you may deserve. An experienced attorney can help you determine your rights, explore your options, and fight for justice.

Contact Our Injury Lawyers

Do you have questions about battery in the State of Nevada? Our Nevada attorneys can help you examine your case and fight for your rights. Our trained and experienced attorneys offer a wide range of legal services, and we’re standing by to take your call. Let our team fight for you. Call us today.