Battery

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.

Here are some common defense strategies against battery accusations that you can discuss with your attorney.

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:

• 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.
• Physical Evidence
  • This is anything that might support your version of events, such as bruises or scrapes (or lack thereof).
• 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.
• 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.

Many states still have laws regarding public intoxication. Nevada is not one of these states. In fact, the state has a reputation for being quite liberal about alcohol. Standard grocery stores can sell liquor, and there are no time restrictions for dedicated liquor stores. They can be open 24/7. Nevada even allows its citizens to openly drink in public, which many other states do not.

With all these facts taken together, it’s not surprising to find that simply being intoxicated in public is not a crime.

The problem, however, is the unruly behavior that often accompanies drunkenness. Nevada may not specifically criminalize drunkenness, but citizens can be arrested for disorderly conduct.

Nevada’s Disorder Conduct Penalties

Disorderly conduct is a broad charge. It can include acts such as disturbing the peace, challenging someone to a fight, and harassing others.

In Nevada, disorderly conduct is a misdemeanor, punishable by up to 6 months in jail and fines as high as $1,000.

Even though it is officially part of the potential consequences, jail time for disorderly conduct is rare in Nevada. Typically, courts put people in jail only if they are repeat offenders or if they miss appointed court dates.

Charges That Could Be Reduced

In some scenarios, your attorney could help you argue a misdemeanor battery charge down to a disorderly conduct charge.

If successful, this reduction in charges could have great benefits. First, it makes your record look better. Battery carries a strong stigma, insinuating that the alleged offender is a violent, unpredictable person. Potential employers and landlords can see a battery charge on your record and dismiss you outright.

Next, it is much easier to seal a disorderly conduct charge, erasing it from your record. Nevada allows you to seal these charges after one year, but you must wait two years to seal a battery conviction.

Defending Against a Disorderly Conduct Charge

Many effective strategies can help you fight this allegation.

You Did Not Disturb the Peace

Because disorderly conduct definitions are so broad, they are also easy to dispute. You could reasonably lay out the facts of your case, demonstrating that the arresting officer overreached. Put simply, your behavior may have been annoying, but that doesn’t make it illegal.

False Accusations

Police do not always have to witness a crime to make an arrest. Perhaps, in a drunken state, you irritated someone, and that person then accuses you of disorderly conduct. The police make an arrest based on someone else’s incorrect allegations.

Mistaken Identity

In a crowded bar, it’s easy to mistake one person for another. Perhaps someone else was engaged in some truly unruly behavior, and you took the blame.

Breach of First Amendment Rights

If someone is drunkenly wobbling in the streets, screaming threats, and cursing, police could reasonably arrest them for disorderly conduct. However, someone could get into a heated, civil discussion and voice an offensive opinion. If this results in an arrest, it could be a violation of this person’s First Amendment rights.

Our firm helps defend Nevada citizens from misdemeanor and felony accusations. If you need help, you can schedule time with us online or call us now at (775) 502-1575.