Criminal Defense

What is a Battery?

Battery” means any willful and unlawful use of force or violence on another person. Battery includes:

  • Kicking;
  • Punching;
  • Hitting;
  • Biting;
  • Pushing;
  • Tripping;
  • Grabbing; and
  • Any other form of body contact.

While battery can be charged as a misdemeanor, if strangulation occurred, a deadly weapon was used, or substantial bodily harm occurred, the battery will be charged as a felony.

Shows a man committing battery to steal a car.
Shows someone attempting to strangle a woman

What is Strangulation?

Nevada law defines strangulation as the intentional impeding of normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of a person in a manner that creates a risk of death or substantial bodily harm. NRS 200.481(1)(i).

In other words, strangulation is any sort of choking or other physical contact that disrupts breathing or the circulation of blood.

Nevada law defines a deadly weapon as “any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death” or “any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.” NRS 193.165.

Knives and guns are obviously deadly weapons. Additionally, other objects, if used to inflict injury, can be classified as deadly weapons. For instance, bats, screwdrivers, rocks, sticks, bottles, and other household items can all be considered deadly weapons.

Nevada law defines “substantial bodily harm” as either bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; or causes prolonged physical pain.

If no substantial bodily harm occurred, no strangulation occurred, and a deadly weapon was not used, battery is a misdemeanor punishable by:

  • Up to 180 days in jail, and/or
  • A fine of up to $1000.

Battery with Substantial Bodily Harm is a Category C felony the punishable by:

  • 1 to 5 years in prison, and
  • Fine up to $10,000.

Battery with Strangulation is a Category C felony punishable by:

  • 1 to 5 years in prison,
  • Up to a $15,000 fine.

Battery with use of a Deadly Weapon without substantial bodily harm is a Category B felony punishable by:

  • 2 to 10 years in prison, and
  • Fine up to $10,000.

Battery with use of a Deadly Weapon with substantial bodily harm is a Category B felony punishable by:

  • 2 to 15 years in prison, and
  • Fine up to $10,000.
  • Self-Defense

People in Nevada can defend themselves if they reasonably believe they are facing an urgent or pressing threat of bodily harm, and the non-aggressor used no more violence then necessary to protect themselves.

  • Accidental Contact

If the contact was due to an accident, then a battery charge should not stand.

  • False Statements

If the alleged victim made a false statement to the police, then the defendant is not guilty of assault. A skilled attorney is necessary to show the court that the alleged victim was not truthful and the testimony should be disregarded.

Get the help you deserve!

If you have been charged with battery in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City or elsewhere in Nevada, call Your Defender at Law at 702-625-7551 for a FREE consultation.

You will receive loyalty, skill, personal attention, and care. After the consultation, you will have Jherna Shahani’s direct cell phone number. She guarantees a same day response; it is just that important.