Facing a battery accusation is an intimidating experience, both in the immediate moment and down the line. Luckily, there are some effective strategies and defenses you can use if you find yourself facing battery or assault charges.
Self-Defense
If you acted in self-defense, then you may be able to use this fact as a defense against battery. For example, if someone with bad intent runs at you, and you hit them first, this is a justifiable use of force.
Self-defense involves using reasonable force to protect yourself or others from harm or danger. You must also have a good reason to believe you were in danger, even if you later discover you made a mistake.
Consent
People have the right to agree to physical contact, even if it’s violent. For instance, people can agree to mutual combat, legally protecting one another from battery charges.
In a battery defense, consent refers to individuals voluntarily engaging in a violent activity. There are, however, limitations to this defense’s validity.
Consent can be nullified if:
- It was coerced.
- One party used overwhelmingly violent force or did not stop the assault after they had clearly won.
- The individual could not give informed consent. This is true whether they were mentally deficient, mentally ill, or simply intoxicated.
Lack of Intent
A valid battery charge requires the intent to cause harm. If you did not mean to hurt the alleged victim, you may be able to use this fact in your defense. For example, perhaps you accidentally trip and bump into someone, causing them to fall.
This defense can be difficult to prove. The prosecution may argue that the accused should have known that their actions would cause harm, even if the whole affair was an accident. Work closely with your attorney on this strategy. A skilled lawyer can debunk the prosecution’s claims and shed light on the truth.
False Allegations
With this defense, you must gather evidence that proves that the accusations are false. Otherwise, the entire argument degenerates into “he said, she said.”
Strong evidence of a false accusation includes:
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Documentation
- Medical reports can provide evidence of the extent of the injuries involved. This could be for your injuries or your accuser’s. If the records don’t match the accusation, this can help establish your innocence.
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Physical Evidence
- This is anything that might support your version of events, such as bruises or scrapes (or lack thereof).
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Witness Statements
- If there were any witnesses to the incident, ask them to provide written statements about what they saw. Their statements can help provide evidence of what actually happened.
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Surveillance Footage
- If the alleged incident occurred in a public area, check for any video footage from the time and place.
False battery accusations can have serious consequences for the accuser, including perjury charges.
Penalties for Battery in Nevada
Battery is defined as the intentional, violent use of force on another person.
In Nevada, battery is a serious crime with severe consequences. These penalties vary depending on the severity of the offense.
For a first-time offense, the accused could pay fines of up to $1,000 and spend up to 6 months in jail.
If the crime involved the use of a deadly weapon or resulted in significant bodily harm, the penalties can be much more severe. The alleged offender can face 5 years in prison and fines up to $10,000.
Remember, every case is unique, and the available defenses depend on the specifics of your case. You consult with Law Offices of Kenneth A. Stover and discuss your options. To reach us, fill out our online contact form or call us now at (775) 502-1575.