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Misdemeanor Assault / Battery

While they are often thought of as being used together, assault and battery are in fact two separate crimes. Assault in Nevada can mean an unlawful attempt to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm, but battery is any willful and unlawful use of force or violence upon the person of another.

This means that assault is usually the threat of a violent act while battery is the actual commission of the violent act. A person who is charged with either offense can face very serious consequences if convicted, even when the crimes are classified as misdemeanors.

Las Vegas Misdemeanor Assault Lawyer

If you are facing misdemeanor charges for either assault or battery, do not assume that a prosecutor will be more lenient simply because you have not been accused of committing a felony. The Law Offices of Jeffrey Jaeger defends clients all over Clark County against these types of criminal charges, from Henderson to North Las Vegas.

The legal background of Clark County misdemeanor battery attorney Jeffrey Jaeger includes time spent as the Director of Litigation Support for the Clark County Public Defender's Office and the co-chair of the Trial Practice and Courtroom Technology Committee for the American Bar Association. He will provide an honest and thorough evaluation of your case when you call (702) 816-3888 to take advantage of a free initial consultation.


Nevada Misdemeanor Battery Information Center


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Misdemeanor Assault Charges in Clark County

Assault in Nevada is generally classified as a misdemeanor when it does not involve the use of a deadly weapon or the present ability to use a deadly weapon. Under Nevada Revised Statute § 200.471, the specific grading of this crime also depends on who the alleged victim is.

There are two different types of misdemeanor assault offenses when the alleged offender does not use a deadly weapon or have the present ability to use a deadly weapon:

  • Gross Misdemeanor — This is an assault committed upon an officer, a provider of health care, a school employee, a taxicab driver, or a transit operator who is performing his or her duty, or upon a sports official based on the performance of his or her duties at a sporting event, and whom the alleged offender knew or should have known was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official; or
  • Misdemeanor — This is an assault committed upon any other person who is not a member of the protected classes listed above.

Battery offenses in the Silver State are similarly classified as misdemeanors when they are committed without a deadly weapon, but also when the alleged victim does not suffer substantial bodily harm. Under Nevada Revised Statute § 200.481, these crimes may be classified as follows:

  • Gross Misdemeanor — This is battery committed upon an officer, provider of health care, school employee, taxicab driver, or transit operator who is performing his or her duty, or upon a sports official based on the performance of his or her duties at a sporting event, and whom the alleged offender knew or should have known was an officer, provider of health care, school employee, taxicab driver, transit operator, or sports official, with no substantial bodily harm; or
  • Misdemeanor — This is a battery committed upon any other person who is not a member of the protected classes listed above without the use of a deadly weapon and with no substantial bodily harm to the alleged victim.

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Misdemeanor Battery Penalties in Las Vegas

Misdemeanor offenses are different from felonies in that the statutory maximum sentences of imprisonment are shorter. Whereas a person convicted of a felony will spend more than one year in prison, an alleged offender convicted of a misdemeanor cannot be incarcerated for more than one year.

Generally, the maximum possible sentences for misdemeanors are as follows:

  • Gross Misdemeanor — Punishable by up to 364 days in the county jail and/or a fine of up to $2,000; and
  • Misdemeanor — Punishable by up to six months in the county jail and/or a fine of up to $1,000.

While misdemeanor crimes might not be as serious as felonies, this does not mean that these types of convictions do not have long-term consequences. For example, immigrants convicted of misdemeanors may possibly face deportation.

Alleged offenders convicted of misdemeanor battery or assault will have this charge on their criminal record for at least two years before they can have the record sealed. Having this criminal record could lead to possible consequences with employment or housing.


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Nevada Misdemeanor Assault Defenses

Police officers frequently arrest people for alleged battery or assault without having all the facts of the case. Oftentimes, law enforcement will overly rely on the account of a single party.

This is an especially difficult aspect for prosecutors to prove in battery cases that do not result in serious injuries. Some of the defenses that may be utilized when a person has been charged with battery include, but are not limited to:

  • Lack of evidence
  • Self-defense
  • Defense of another person
  • Defense of property
  • Accidental or unintentional contact

There are also multiple defenses that may be available to a person who is accused of assault. Some examples include, but are not limited to:

  • Lack of evidence
  • No criminal intent to harm alleged victim
  • No reasonable belief that alleged offender’s actions caused well-founded fear in alleged victim
  • False allegations

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Finding a Misdemeanor Battery Lawyer in Clark County

Were you recently arrested for assault or battery in Nevada? Jeffrey Jaeger can thoroughly investigate the circumstances of your case and work tirelessly to get the criminal charges reduced or dismissed.

The Law Offices of Jeffrey Jaeger helps clients all over Clark County, from those arrested on the Vegas Strip to residents of areas like Henderson and North Las Vegas. You can call (702) 816-3888 to arrange a free, confidential consultation that will let Las Vegas misdemeanor assault attorney Jeffrey Jaeger review your case.