Violent Crimes

Understanding the difference between different legal terms can be confusing, especially if you’re not a legal professional. For instance, people assume that manslaughter is any accidental killing, so they may be confused by a term like “voluntary manslaughter.”

Let’s take a closer look at both forms of manslaughter to help you better understand the legal differences between them.

Defining Voluntary Manslaughter

Essentially, in a voluntary manslaughter charge, there is an intent to harm someone but not necessarily an intent to kill.

A common example of voluntary manslaughter would be a case where a person finds their spouse in bed with another individual. In the heat of the moment, this person allegedly beats them both to death. The killer means to cause harm, but they act from a sudden and intense emotional response. They may realize the extent of the damage they are inflicting during the onslaught. A court could determine that the incident was not premeditated and charge them with voluntary manslaughter.

Defining Involuntary Manslaughter

Involuntary manslaughter is causing the death of another person through reckless or negligent behavior. In essence, the offender was doing something they should not have been doing, and someone else died as a result.

To be clear, accidental death is not the same thing as manslaughter. For example, suppose a driver is traveling within the speed limit and following all traffic rules. Suddenly, a pedestrian appears from between parked cars, and the driver is unable to stop in time. The driver's actions are not intentionally harmful, nor are they negligent. Therefore, the driver should not be accused of manslaughter.

Examples of involuntary manslaughter include:

• Mishandling a weapon
• Driving under the influence
• Leaving a child unattended in a dangerous situation

Penalties for Voluntary Manslaughter in Nevada

In the state, voluntary manslaughter is a Category B felony punishable by 2 – 15 years in a state prison and a fine of up to $10,000.

If the victim is a police officer, firefighter, or emergency medical services personnel, the penalty is a minimum of 5 years and a maximum of 20 years in prison and a fine of up to $20,000.

The court may also order the offender to pay restitution to the victim's family or other dependents. These fine covers the costs of the death, such as funeral expenses or medical bills.

Penalties for Involuntary Manslaughter in Nevada

Involuntary manslaughter is a Category D felony in the state, punishable by 1 -4 years in a state prison and a fine of up to $5,000.

Once again, penalties increase when the victim is a firefighter, police officer, or emergency medical services worker. The penalty will increase to a minimum of 2 years and a maximum of 20 years in prison, but the fine remains at $5,000.

If the offender used a deadly weapon with no intent to kill, they could face an additional consecutive sentence of 1 to 20 years in prison.

The court can also order financial restitution for the victim's family, just as it would in a voluntary manslaughter charge.

Law Offices of Kenneth A. Stover is here to help defend you against a manslaughter charge. If you are facing these accusations, contact us for a free consultation. You can call us at (775) 502-1575 or contact us online.

If you’ve been accused of domestic abuse or battery, you must understand the difference between these two allegations. Both share many similarities, but there are important legal distinctions between the two.

Such distinctions are important in the law. In this case, they could mean the difference between freedom and jail time.

Here is a broad overview of domestic abuse and domestic battery, along with the potential penalties for each.

Defining Domestic Battery

In most states, domestic battery is defined as physically striking or harming a family member or anyone else who lives in the home.

You can be accused of domestic battery against:

• Anyone romantic partner
  • Current or former spouses
  • Someone you are casually dating
  • Current or former girlfriend/boyfriend/partner/etc.
• Cohabitants, including roommates
• Anyone with whom you share a child
• Family members, even if you don’t have a close relationship

Domestic battery is a crime, and it can result in criminal penalties.

Defining Domestic Abuse

Domestic abuse is a range of behaviors that are not necessarily illegal.

Examples include:

• isolation
• verbal abuse
• financial control
• emotional abuse

Criminal Penalties for Domestic Battery in Nevada

A first-offense domestic battery charge is considered a misdemeanor. Conviction can result in up to 6 months in jail and fines of up to $1,000.

Domestic battery is a felony if:

• The battery resulted in significant bodily
• The offender has a prior domestic violence conviction

A felony domestic battery conviction in Nevada can result in up to 5 years in prison and fines of up to $10,000. If the offender has prior convictions, Nevada law requires a mandatory prison sentence of at least 2 years.

Domestic battery charges in Nevada can also result in a restraining order, limiting the alleged offender’s ability to see their family and live in certain areas.

Penalties for Domestic Abuse You Could Suffer in Family Court

Because many examples of domestic abuse are not explicitly illegal, they are penalized in other ways. Often, spouses will accuse one another of abuse in court, affecting the results of a divorce.

Abuse may influence the court's decisions on:

• Custody and visitation arrangements
  Alleged abusers could lose all parental rights to see their children, or they may be forced to endure supervised visitation.
• Property division and/or spousal support
  The alleged abuser is forced to give up a larger portion of the marital assets or pay more in spousal support.

Family court proceedings can take place at the same time as a criminal trial, and the outcomes of these cases can impact each other.

Defenses Against Domestic Abuse Allegations

Self-Defense

Self-defense is justifiable when someone believes they are in danger of being harmed by another, and they act accordingly.

False Accusation

If you can prove that the accuser made up the allegations, this casts a strong reasonable doubt on the prosecution's case.

Lack of Intent

A successful abuse allegation requires intentional actions. If you can demonstrate that the alleged abuse was accidental or unintentional, it is possible to reduce the severity of the charges.

Lack of Evidence

In some cases, the prosecution may not have sufficient evidence to prove their case. When this happens, it is easier to have your charges dropped or reduced.

Mental Incapacity

If the defendant has a mental illness or incapacity that negates intent, they can avoid criminal prosecution. However, be careful with this defense. If the court agrees, it could order you to stay in a mental institution.

Law Offices of Kenneth A. Stover is here to help you fight domestic abuse and domestic violence allegations. If you need representation, contact us online for a free consultation. You can also reach us by calling (775) 502-1575.

The words “assault” and “battery” are often used in the same breath to describe the same charge. People even tend to interchange the words, unconcerned about whether doing so causes any confusion.

In many ways, it’s okay to swap the terms. At the crimes’ most basic levels, they are usually charged and penalized identically.

There is, however, a legal difference between assault and battery. In this article, we will explore how the crimes are similar and different, and we will discuss Nevada’s penalties for each.

Defining Assault

Essentially, assault involves an unwanted invasion of personal space. If you spit on someone or throw something at them, you could be charged with assault. Recent headlines have revealed examples of glitter bombs resulting in assault charges.

Assault can also be the threat or intent of violence. If you get into someone’s face, yelling at or threatening them, you could be arrested. You may even be charged for balling your fist up at someone. Taking a swing at someone and missing is also a form of assault.

Defining Battery

Battery involves direct, physical, violent contact. It could be as minor as pushing someone or as egregious as a savage beatdown. Using objects to strike someone counts as battery as well, even if you throw it from a long distance.

Injury is not necessary to secure a battery charge. The simple act of touching someone against their will is enough to result in a battery arrest.

Nevada’s Assault Penalties

“Simple assault,” or assault committed without a weapon, is a misdemeanor in Nevada. It is punishable by up to 6 months in jail with fines as high as $1,000.

“Assault with a deadly weapon” is a Category B felony in the state. This is the second-highest felony class, so the charge is very serious. A guilty verdict could put someone in prison for 1 to 6 years, and the offender could be forced to pay fines up to $5,000.

Nevada’s Battery Penalties

Battery penalties rise depending on the damage to the victim. If the victim is mostly unharmed, the attacker faces a misdemeanor, penalized by up to 6 months in jail with fines up to $1,000.

If the victim is seriously harmed, the battery becomes a Class C felony, punishable by 1 to 5 years in prison and fines up to $10,000.

Battery with a deadly weapon is a Class B felony. It leads to 2 to 10 years in prison and fines up to $10,000.

Penalties also rise based on the victim. While on the job, certain workers are labeled “protected classes” An offender could suffer greater consequences for attacking one of these workers. Protected classes include teachers, officers, traffic workers, sports officials, and more.

If you’ve been accused of assault or battery, our firm is here to help defend you. For a free consultation, call us today at (775) 502-1575. You may also contact us online.

In our last blog, we discussed involuntary manslaughter, defining the term and offering defenses against the crime. We also discussed how easy it is to get confused by the very idea of manslaughter. The crime is much more than simply killing someone by accident. It involves willful, negligent behavior that results in someone’s death

The legal words that differentiate the different types of manslaughter only add to the confusion. For instance, the words “voluntary manslaughter” are misleading by themselves. If manslaughter is an unintentional killing, how could it be voluntary?

How Can Manslaughter Be Voluntary?

The term “voluntary manslaughter” refers to the intent behind the act. The accused did not mean to kill someone, but they did voluntarily cause harm.

Here are some potential examples of voluntary manslaughter:

• Two people get into a fight. One opponent clearly loses and gives up, but the other continues to savagely beat them until they die.
• An enraged driver intentionally hits another car. The other driver loses control and dies.
• In an initial act of self-defense, someone goes too far. They savagely beat their attacker to death.

Nevada’s Voluntary Manslaughter Penalties

Voluntary manslaughter is a serious crime in the state. It is a Category B felony, the second most severe crime in Nevada’s system. If convicted, you could face 1 to 10 years in prison and fines as high as $10,000.

Defenses Against Voluntary Manslaughter

Being convicted of this crime can ruin your life. A severe felony will appear on your record, possibly forever. You could lose your freedom for a decade and pay exorbitant amounts of money on fines. Always remember that you have the option to challenge criminal allegations in court. If you’ve been charged with involuntary manslaughter, talk with your attorney about the following defenses.

You Acted with Reasonable Self-Defense

Above, we gave an example of self-defense gone awry, leading to a criminal charge. You can still use a self-defense claim to defend against voluntary manslaughter.

A key component to any self-defense claim is that the defense was proportionate to the attack. For example, a slap can warrant a slap in response. If you return a slap with a punch, however, you could be charged with a crime.

To prove you acted in self-defense, you must demonstrate that your actions were reasonable given the situation. If you, for instance, sincerely believe that your life is in danger, and your attacker won’t give up, a fatal response may be justified.

You Were Not in Your Right Mind

A health crisis can sometimes lead to violent, erratic behavior. Imagine you were prescribed the wrong medicine, or you were unaware of a tumor developing in your brain. If a temporary health concern caused you to harm someone, the court may not hold you responsible for these actions.

Be careful with this defense, however. It is not the same as an insanity plea. Insanity pleas essentially claim that someone cannot care for themselves and cannot be trusted to live in society. Offenders do not technically go to prison, but they do go to high-security hospitals and have very limited freedoms. Insanity pleas are for those who truly need round-the-clock care and observation.

Our team is ready to help you fight manslaughter accusations. For a free consultation, contact us online or call us at (775) 502-1575.

Many people misunderstand the crime of manslaughter. It’s often confused with “killing someone by accident.” Imagine a factory worker who accidentally loses their grip on a machine part, that part flies across the factory, hitting and killing a coworker. The terms used for the crime can also be misleading. When you hear the phrase “involuntary manslaughter,” you may picture a scenario like the one described above. This is not an example of manslaughter.

What Makes an Action Involuntary Manslaughter?

In reality, there is much more to a manslaughter charge than just an accidental death.

Involuntary manslaughter involves doing something dangerous or negligent, killing someone in the process.

Here are some potential examples of involuntary manslaughter:

• Involuntary Manslaughter by Car
  • Someone engages in street racing, loses control of the car, and kills someone.
  • A person drives drunk and kills a bystander.
  • A driver is driving far over the speed limit and kills someone.
• Involuntary Manslaughter Through Grossly Negligent Behavior
  • A person fires a gun in the dark, hitting and killing an unseen passerby.
  • Teens drop a cinderblock off a bridge, hitting a driver and killing them.
  • Someone fires overpowered fireworks in a residential area and kills a neighbor.

Nevada’s Involuntary Manslaughter Penalties

Alleged offenders can face serious penalties. Involuntary manslaughter is a Category D felony in the state. This is punishable by 1 to 4 years in prison with fines up to $5,000.

Defenses Against Involuntary Manslaughter

If you’ve been accused of this crime, remember that you are innocent until proven guilty. You have the right to a defense, no matter the circumstances. Discuss the following defenses with your attorney, and you may be able to retain that innocence.

Defend Your Behavior

Remember, it’s up to the prosecution to prove that you were engaged in egregious, irresponsible behavior. Horrific, unfortunate accidents happen every day.

Imagine you are accused of involuntary vehicular manslaughter. You may have been by the wheel of a car, and that car may have killed a bystander, but that doesn’t mean you’re guilty of manslaughter. For instance, the car may have malfunctioned, causing you to lose control. In that case, the car’s manufacturer or your mechanic is responsible, not you.

Claim Self-Defense

Imagine someone is charging you, and you simply try to push them away. The road sidewalk is slick with rainwater, and your attacker slips, cracks their head on the concrete, and dies.

Self-defense isn’t always a violent fight or a shooting. Sometimes, it’s just the smallest form of fending someone off, ending in an accidental tragedy.

Scrutinize the Evidence

Ultimately, if you are not the killer, you may be able to challenge and debunk the evidence against you. For instance, perhaps there were multiple cars involved in a crash, and you weren’t responsible for it. Maybe someone did fire a shot in the dark, and the ballistics do trace the bullet back to your gun. Even with strong evidence like that, the police may not be able to prove that it was your finger that pulled the trigger that night.

In our next blog, we will discuss the crime of voluntary manslaughter.

If you’ve been accused of involuntary manslaughter, reach out to our firm for a free consultation. You can call us at (775) 502-1575 or contact us online.

Being accused of killing another person is extremely serious, if not the most serious crime someone can be charged with. A conviction for such a crime is life-altering and can result in significant prison sentences and fines. The state of Nevada has charges for both manslaughter and homicide. These charges differ and are applied to killings based on the severity and specific circumstances. What are the differences between these charges, and what defenses are there for someone facing such a charge?

Homicide

The state of Nevada defines homicide as killing another person in a malicious and unlawful manner. The circumstances surrounding the incident will help law enforcement decide whether someone accused of murder will be charged in the first or second degree. Murder charges in Nevada are broken down as follows:

• First-degree homicide: A person will be charged with first-degree homicide for any murder that is premeditated. This is the most serious crime a person can be charged with in Nevada. The potential penalties are extremely serious. Felony homicide is also a first-degree homicide charge made when the accused killed someone while committing a different felony, such as rape, arson, or burglary.
• Second-degree homicide: A person will be charged with second-degree homicide if they killed someone because they were acting in a reckless manner that a reasonable person would see as dangerous. Second-degree homicide is considered the second most serious crime in the state of Nevada. An example of second-degree homicide would if someone threw something heavy from a tall building and it hit someone on the sidewalk below and killed them. For a killing to be considered second-degree homicide, the recklessness must be so extreme that the accused would have known it would result in death.
• Third-degree homicide: Third-degree homicide is another term for manslaughter.

Manslaughter

Manslaughter charges are brought upon people who are accused of killing someone in an unpremeditated fashion. Manslaughter is broken down further into voluntary and involuntary manslaughter. Those terms are defined as follows:

• Voluntary manslaughter: Voluntary manslaughter occurs when someone kills another person during a heated argument out of rage and without premeditation. This charge only applies to situations in which a different, reasonable person would have felt a similar rage. For a killing to be considered voluntary manslaughter, the event that caused the rage must be extreme.
• Involuntary manslaughter: Involuntary manslaughter occurs when someone kills another person unintentionally while committing a different crime or acting negligently. This charge is similar to second-degree homicide but less serious in nature. A reasonable person in the same situation might not have known the incident would result in death.

The state of Nevada also has a charge for vehicular manslaughter, which is applicable when someone kills another person while driving negligently.

Penalties for Murder

The penalties for murder can be the most severe a person can receive depending on the circumstances of a specific case. The penalties for second-degree homicide convictions are less severe than those for first-degree homicide because the killings are unintentional. However, they are still severe, and will permanently alter the lives of anyone convicted. The penalties for murder in Nevada are as follows:

• First-degree: First-degree murder is a Category A felony. Depending on the circumstances, a person convicted of this crime may face life in prison without the possibility of parole or the possibility of parole after 20 years. Some people may receive a sentence of 50 years in prison with the possibility of parole afforded to them after 20 years. The death penalty is given to those who commit first-degree murder with aggravating factors.
• Second-degree: Second-degree murder is also a Category A felony crime. Someone convicted of this crime may face life in prison with the possibility of parole once they’ve served 10 years of their sentence. They may also receive a sentence of 25 years in prison with the same possibility of parole.

The way a judge sentences someone who receives a murder conviction might come down to whether there are any aggravating or mitigating circumstances that pertain to the crime. Aggravating circumstances make a murder more serious and more shameful. Some examples of aggravating circumstances in murder include torturing the victim before killing them or killing someone without a clear motive. On the other hand, mitigating circumstances are factors that help explain a murder and make the convicted person deserving of a punishment that is less harsh. Some examples of mitigating circumstances in murder include growing up in an abusive environment or severe mental illness.

There are certain circumstances that may lead the courts in Nevada to increase a person’s sentence when convicted of murder. These circumstances are formally known as penalty enhancements. They allow the courts to increase a person’s sentence by 1 to 20 years. Examples of such penalty enhancements include killing someone older than 60 or using a deadly weapon to kill someone.

In some cases, a murder charge can be reduced to a voluntary manslaughter charge through a plea bargain. This route is sometimes chosen because the penalties and social stigmas associated with manslaughter are less serious than those associated with murder.

Penalties for Manslaughter

The penalties for voluntary manslaughter are generally more severe than the penalties for involuntary manslaughter due to the intentional nature of such killings. The consequences of being convicted for either type of manslaughter are still very serious and will change the person’s life after serving their sentence. The penalties for voluntary manslaughter are as follows:

• A prison sentence between 1 and 10 years long as well as fines up to $10,000. This crime is a Category B felony.

The penalties for involuntary manslaughter include:

• A prison sentence between 1 and 4 years long as well as a fine up to $5,000. This crime is a Category D felony.

What About Attempted Murder?

Attempted murder has much less serious penalties than those of first- or second-degree murder, but they still impact a person’s life in many ways. Legally, attempted murder occurs when someone tries to kill someone intentionally but fails. An example would be trying to stab someone but missing or wounding them minimally. The potential penalties for attempted murder include:

• A prison sentence between 2 and 20 years long and a Category B felony charge if the murder attempt was made without poison
• Life in prison or a 15-year prison sentence with the possibility of parole after serving 5 years if the murder attempt was made with poison

Fighting a Murder or Manslaughter Charge

Being charged with such a serious crime can be extremely intimidating. However, some people can have their charges lowered or dropped altogether with quality legal representation and a strong defensive strategy. There are some defenses that are commonly used in murder cases. Anyone charged with homicide or manslaughter could consider applying one or more of these defenses to their case with the assistance of an experienced criminal charges lawyer.

Self Defense

A person can kill someone if they are acting in self-defense. For a killing to count as self-defense, it must take place because the accused party was in danger at the hands of the person they killed. The accused party must also use a level of force appropriate for the threat they were facing. If it is determined that they used more force than necessary to defend themselves, their legal defense strategy will not hold up in court.

Accidental Killing

A defendant may be able to get their murder or manslaughter charges dropped if they can prove that the death in question occurred due to an accident. A defendant and their legal team must prove the following elements to the court to show that the death was caused by an accident:

• the defendant did not intend to cause harm to the deceased
• negligence did not play a part in the death
• the defendant was not breaking any crimes when the death occurred

Ultimately, claiming the death was an accident is a good defense for when the accused cannot be blamed for the death in a legal sense.

Mental Illness

A person can have their charges dropped if the court decides they are not guilty by reason of insanity. For this to happen, it has to be proven that the defendant is incapable of understanding the serious nature of the crime and cannot tell what’s right from what’s wrong. Note that most people whose murder charges are dropped by reason of insanity will be committed to a mental institution for a period.

We Can Represent You

If you have been accused of killing another person and are facing criminal charges, the Law Offices of Kenneth A. Stover can help. We understand the serious nature of these charges, which is why we will investigate your case thoroughly and collect the best evidence to create a strong legal defense. With over 25 years of experience, Attorney Ken Stover has the experience and knowledge to defend you. Contact us today at (775) 502-1575 or online to schedule a free consultation.

The legal system is complicated and varied when it comes to acts of violence against another person, and reasonably so. Crimes of this nature are categorized in different ways, such as assault and battery, and the consequences are relative to the nature of the crime. However, there are situations in which people must behave in a violent nature against another person for their own protection. How are acts of self-defense differentiated from other acts of violence in a court of law?

Defining Self-Defense

The line between self-defense and assault is thin when someone is in a physical fight with another person. For someone being physically attacked, retaliating with violence may be their only option to avoid serious injuries. Self-defense is defined as defending one’s body or interests through physical force, which is allowed as a defense to violent crime charges in certain cases. Violent acts in the name of self-defense are legal in Nevada if:

• Someone reasonably believes the person they are defending themselves against poses an immediate threat to their physical well-being
• The force inflicted against an aggressor is an appropriate and reasonable amount relative to their threat

Sometimes, an act of self-defense results in the death of the aggressor. It is legal for someone to kill for self-defense in the state of Nevada if the situation meets the following conditions:

• The aggressor presented a clear and urgent danger
• The danger included major bodily harm and/or death
• Any reasonable person would have feared for their life and physical safety in the same situation.
• The person claiming self-defense did not act solely out of revenge.

Fear of injury alone is not enough to justify killing someone in Nevada. A killing can only be justified by a claim of self-defense if the person faced an immediate threat of being seriously injured or killed themselves.

You Can Stand Your Ground in Nevada

Some states require victims to attempt escaping their aggressor before a killing in self-defense can be considered legal. However, Nevada citizens are allowed to stand their ground if they are in a situation that causes them to reasonably fear for their lives, even if they are presented with an opportunity to escape. For someone to stand their ground legally, the following conditions must be met:

• The person claiming self-defense did not initiate the confrontation
• The person claiming self-defense has a reasonable fear the aggressor would kill or seriously injure them
• The person claiming self-defense had the right to be at the location they used deadly force, such as their home
• The person claiming self-defense was not committing a crime when they used deadly force

What is Assault?

The state of Nevada defines assault as an act of attempted violence with the intent of harming another individual. A court must prove the following elements to convict someone of assault:

• The accused individual illegally tried to use physical force against someone
• The accused individual intentionally put someone in a position to become physically injured
• The accused individual’s actions caused someone to have a reasonable fear of bodily harm

Someone’s actions can only be considered an assault in a court of law if no physical contact was made. When a person attempts to injure someone else and makes a physical connection with them, their actions are considered battery, not assault.

Assault can be charged as either a misdemeanor or felony depending on the circumstances. Assault is charged as a misdemeanor when it is considered simple assault, which is when someone threatens another person with violence. Aggravated assault is a felony charge and becomes applicable when someone threatens violence using a deadly weapon.

Assault Consequences

The legal consequences of an assault conviction can be severe depending on the circumstances surrounding the crime itself. Penalties for a simple assault include:

• A jail sentence up to 6 months long
• A fine worth $1,000 or less

Penalties for aggravated assault include:

• A prison sentence between 1 and 6 years long
• A fine of $5,000

Knowing the Difference

The lines between assault and self-defense can become blurred, especially considering the serious nature violent crimes are litigated in. However, the conditions that need to be met for an act of violence to be considered self-defense are very specific. Comparing the circumstances of a violent act to these conditions can help determine whether self-defense is a realistic defense.

• For someone to legally commit a violent act in self-defense, they must have been the recipient of an imminent threat of harm.
• For a use of force in self-defense to be justifiable, it must be proven that it was in response to a similar use of force that would result in injury or death.
• The use of force must be of an appropriate level and no greater than the initial force from the aggressor. For example, if an aggressor attacks someone with a deadly weapon, it would be appropriate for someone to respond with a similar weapon for self-defense.

We Can Help

If you have been charged with an assault but believe you acted in self-defense, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience working in the justice system, our attorney can help determine the best line of defense for your case and work towards having your charges lowered or dropped. An assault charge can be life-altering, which is why our firm will work with empathy to guide you through the legal process.

Reach out online or at (775) 502-1575 for a free consultation today.

Being accused of battery can be devastating. The consequences of a conviction are life-altering, and there is a lot of shame that comes with the accusation alone. Aside from the legal ramifications of a battery charge, there can be social consequences, and many people find themselves unable to return to normalcy for a long time. This is especially the case when someone is convicted, which is why the legal strategy they create with their attorneys is incredibly important. Fighting a battery charge can be difficult, but it isn’t impossible if certain legal strategies are implemented.

What Is Battery in Nevada?

Nevada state statutes define battery as willfully and illegally using force or violence against another person. Many people think of violent acts when hearing this definition, but even just touching someone can be considered battery if the other person did not consent beforehand. Legally, an injury does not need to occur for someone’s behavior to be classified as battery; intent to harm is all it takes. Using an object to injure someone or attempt to injure them is also battery.

In the state of Nevada, there are 4 types of battery, and each crime is associated with its own consequences. The 4 types of battery in Nevada are:

• Simple battery
• Battery resulting in major bodily harm
• Battery using a deadly weapon
• Domestic violence battery

Simple Battery

Simple battery, also known as misdemeanor battery, carries the least heavy consequences. For someone’s actions to be considered simple battery, they must meet the following conditions:

• They touched someone intentionally and the touch was unwanted
• They did not have a deadly weapon at the time
• They were not imprisoned or on probation at the time

The first time someone is convicted of simple battery in Nevada it will be classified as a misdemeanor. Penalties could include a 6-month jail sentence and a $1,000 fine.

There are certain enhancements for misdemeanor battery, and when someone’s actions fit the description, they will be charged with gross misdemeanor battery. Gross misdemeanor battery has to meet the same conditions as simple battery, as well as:

• The person who was attacked had special protections under the law. Some examples of applicable protections include teachers, public transit workers, judges, healthcare professionals, firemen, and more.

If someone is convicted of gross misdemeanor battery, they could receive a jail sentence of up to 1 year as well as a $2,000 fine.

Battery Resulting in Major Bodily Harm

Nevada state law defines battery resulting in major bodily harm as hitting or touching someone intentionally and causing severe physical injury to that person. Examples of major bodily harm include:

• Broken bones
• Paralysis
• Injured organs
• Lacerations that require stitches
• Wounds from stabbings or gunshots
• Concussions

Again, an action resulting in major bodily harm to another person must be intentional to be considered battery. Anyone convicted of battery resulting in major bodily harm will receive strict consequences, as the crime is classified as a Category C felony. The potential consequences include:

• A prison sentence between 1 and 5 years
• A fine of up to $10,000

Battery Using a Deadly Weapon

Battery using a deadly weapon is defined as intentionally trying to cause injury to another person using a weapon that could cause major bodily harm or death. Therefore, anything that can be used to injure to someone could be considered a deadly weapon, in addition to commonly known weapons such as guns and knives. For example, if someone hit another person over the head with a beer bottle and that person wound up with a concussion and needed stitches, the beer bottle would be classified as a deadly weapon.

Battery using a deadly weapon is classified as a Category B felony in the state of Nevada. Consequences include:

• A prison sentence between 2 and 15 years
• A fine of up to $10,000

The length of the prison sentence and total amount of fines imposed on someone convicted of battery using a deadly weapon generally depend on how severe the resulting injury was and, in some cases, what weapon was used.

Domestic Violence Battery

Domestic violence battery occurs when someone intentionally makes offensive physical contact (violent or otherwise) with someone they are in or used to be in a domestic relationship with. In this context, “relationship” includes”

• Spouses and former spouses
• Anyone who is blood-related
• People who live together
• People who have dated or are dating
• People who have children together

The conditions that need to be met for someone’s actions to be considered domestic violence battery are the same as other forms of battery. The state singles out this type of behavior to remind people that violence committed against a loved one or household member is not just a private matter, and that it can be prosecuted.

The potential consequences for domestic violence battery depend on whether it is the first offense. A first offense will be classified as a misdemeanor, with a jail sentence between 2 days and 6 months. The convicted person will also have to pay a fine between $200 and $1,000 and perform between 48 and 120 hours of community service. They will also need to attend counseling for 1 and a half hours a week for 6 months.

A second domestic violence battery offense is also a misdemeanor. The consequences include a jail sentence between 10 days and 6 months, a fine between $500 and $1,000, between 100 and 200 hours of community service, and 1 and a half hours of weekly counseling for a year.

A third domestic violence battery offense is a felony and results in a prison sentence between 1 and 5 years. Felony domestic violence battery cases do not qualify for probation.

Restitution

In certain battery cases, the person convicted will be required to pay restitution to the person they committed the battery against. This is done to compensate that person for any losses due to their injuries, such as hospital bills, therapy, or damaged property. Whether someone will pay restitution is up to the judge.

Defending Against a Battery Charge

Having a strong defensive strategy is extremely important when fighting a battery charge. Common defenses include:

• Accident: For someone to be convicted of battery, the incident in question must have been intentional. If the defendant can prove that their actions were accidental, they will not be convicted. For example, if someone closes a car door without realizing that another person’s hand is still in the car, they cannot be charged with battery for the person’s injured hand.
• False accusation: Someone may falsely accuse another person of battery to get revenge on them, because of a misunderstanding, or due to misidentification . If someone accused of battery can prove that the accusations is false, the charges will be dropped.
• Self-defense: A person accused of battery can claim self-defense so long as the force they used was proportionate to the force being used against them. For example, if someone has a gun pulled on them, it would be considered reasonable for that person to inflict physical harm to stop the attack.
• Consent: If someone accused of battery can prove that they were engaged in a consensual physical confrontation, such as a planned fight, they cannot be convicted of battery.
• Defense of others: If someone caused harm to another person because they were defending someone else, they may be able to use that as a defense in court. For example, if someone caught 2 people in an intense fight and had to use force to break them up because one of them became seriously injured, that could be a plausible defense against battery charges.
• Intoxication: Intoxication may be a plausible defense for a battery charge, but only if the intoxication was involuntary. If someone was drugged unknowingly and became violent as a result of the effects of the drug, they might not be held legally responsible for their behavior.

An important aspect of defending against a battery accusation is gathering as much evidence as possible. An experienced criminal defense attorney can help someone do that by contacting witnesses, collecting the appropriate documentation such as police reports and medical records, and more.

Contact an Attorney Today

If you have been accused of battery and are now facing legal consequences, contact the Law Offices of Kenneth A. Stover today. With over 25 years of experience working in the justice system, our attorney can help you navigate the legal process with empathy and personalized service. Our goal is to help you secure the best possible outcome for your situation, such as having your charges reduced or even dropped. Contact us today at 775-502-1575 or via our online contact form for a free consultation.