In Nevada, assault and battery are violent crimes that are punishable by harsh criminal penalties. However, these charges can be enhanced if certain aggravating factors are evident.
Aggravated Assault
According to NRS 200.471, simple assault is defined as intentionally attempting to use force against someone else or placing that individual in reasonable fear of imminent injury. This type of assault is a misdemeanor, which carries a maximum jail term of six (6) months and/or a fine of no more than $1,000.
However, simple assault is elevated to aggravated assault if the offense is committed against a police officer, firefighter, healthcare provider, or any other person from a “protected class.” This type of aggravated assault is a gross misdemeanor, punishable by a maximum jail sentence of 364 days and/or a fine not exceeding $2,000.
If a defendant was on probation, on parole, in custody, or in prison when he/she committed simple assault, then the offense is also considered aggravated assault. This offense is a Category D felony, which carries a maximum prison sentence of four (4) years and/or a fine of up to $5,000.
Lastly, simple assault is elevated to aggravated assault if the offense involves a deadly weapon, such as a firearm or a knife. Aggravated assault involving a deadly weapon is a Category B felony, punishable by imprisonment of up to six (6) years and/or a maximum fine of $5,000.
Aggravated Battery
According to NRS 200.471, simple battery means intentionally touching someone else in an unlawful manner. In other words, assault leading to physical contact is considered battery.
However, simple battery becomes aggravated battery when a person suffers substantial injury or is strangled. This offense is a Category C felony, punishable by imprisonment for up to five (5) years and/or a fine of up to $10,000.
If a defendant was on probation, on parole, in custody, or in prison when he/she committed simple assault, then the offense is also considered aggravated battery. This offense is a Category B felony.
Simple battery is elevated to aggravated battery if the offense is committed against a police officer, firefighter, healthcare provider, or any other person from a “protected class”. This offense is a Category B felony.
If you or a loved one has been charged with aggravated battery in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free consultation. Let a former prosecutor protect your rights and freedom.