Battery charges in Nevada vary widely depending on the facts. Whether you’re facing a minor allegation or a serious felony, Pandullo Law can help you understand your rights and mount a strong defense.
Battery is a very common charge in Las Vegas. Sometimes it is just a simple misdemeanor and other times it is a very serious felony. As you will see, the exact punishment a person faces and the possible defenses available to him depend entirely on the particular facts of the situation. Please read on for more information.
The Nevada Revised Statutes define battery as “any willful and unlawful use of force or violence upon the person of another” (N.R.S. 200.481.1(a)). There are three important terms to pay attention to within that definition, which are discussed in greater detail below.
“Willful” Explained
The term “willful” requires that a person specifically intend to commit the battery. Another way of phrasing it would be to say that the person was acting intentionally. A person who accidentally makes physical contact with another person would not be acting in a willful manner and thus would not have committed a battery. The same would hold true for a person who was unconscious when he made physical contact with another person. So, for example, if a person who is having a seizure hits someone else during the course of his seizure, that contact would not be considered a battery because the person wasn’t conscious at the time and therefore he was not acting willfully.
“Unlawful” Explained
The term “unlawful” means that the person did not have the legal right or authority to make physical contact with the other person. This part of the definition exists to protect people like police officers from being charged with battery while performing their duties in a legally prescribed manner. However, this does not mean that any physical contact by a police officer is per se lawful. Whether the physical contact was or was not lawful would depend on the particular circumstances of the situation.
“Use of Force or Violence” Explained
Finally, there is the important and sometimes confusing term of “use of force or violence”. Most people instinctively understand that a battery involves some form of violence, but what kind of behavior would qualify as a “use of force”?
For example, would spitting in a person’s face be considered a use of force?
What about slipping a drug like Rohypnol into someone’s drink without their knowledge?
The answer to both of these questions is YES. The conduct in both examples would be considered battery. This is due in part to the fact that Nevada courts have chosen to interpret the definition of battery broadly, which means that many different types of conduct could potentially qualify as battery.
The potential penalty a person will face for a battery conviction depends on whether the battery was considered “simple” or whether it involved one or more aggravating factors that would result in a greater punishment.
Simple or Misdemeanor Battery
What is often referred to as a “simple battery” is really just a battery that does not (1) result in substantial bodily harm; (2) involve strangulation; (3) involve the use of a deadly weapon; or (4) involve a protected person. A simple battery is a misdemeanor offense and is punishable by up to six months in jail and up to a $1,000 fine (N.R.S. 200.481.2(a) and N.R.S. 193.150).
Battery that Results in Substantial Bodily Harm or Involves Strangulation
This is charged as a category C felony, punishable by 1 to 5 years in state prison and a fine of up to $10,000 (N.R.S. 200.481.2(b)).
Battery with Use of a Deadly Weapon
With strangulation or substantial bodily harm: Category B felony, 2 to 15 years and up to $10,000 fine (N.R.S. 200.481.2(e)(2)).
Nevada law imposes greater penalties when battery is committed against a “protected person” while they are performing their job duties.
Who Is Considered Protected?
For enhanced penalties to apply, the victim must be actively performing their duties and the defendant must have known (or reasonably should have known) the victim was a protected person.
Example: If an off-duty officer is punched while at a bar and not acting in an official capacity, the higher penalty does not apply.
There are several potential defenses to a charge of battery:
These defenses may sound simple, but proving them requires knowledge of Nevada case law, access to expert witnesses, and experience with the courts. Pandullo Law has successfully represented individuals charged with battery throughout Southern Nevada and is ready to advocate for you.
When you're facing criminal charges, you need more than just a lawyer. You need someone who understands the system, knows how to fight, and won’t back down. I’ve spent years defending clients in Las Vegas courts, building a reputation for aggressive advocacy and honest, effective representation. If you’re ready to put this behind you, I’m here to help you move forward.
— Michael Pandullo
