Battery

Violent Crimes: Battery

If you’ve been charged with a violent crime, getting the right defense attorney can mean the difference between life in prison and a misdemeanor with a few hours of community service. Lipp Lawp has extensive experience in fighting all sorts of violent offenses, such as armed robbery, fighting that results in extensive injuries, and home invasions.


We know that in the vast majority of cases, the charges do not tell the whole story. Sometimes, the person who got hurt is the one that started the fight; other times, the accused was under the influence of drugs or alcohol and had no real understanding of what they were doing at the time; in some instances, the accused was merely at the wrong place at the wrong time.


Lipp Law’s experience in defending these cases has taught us that no two cases are the same, and thus no two defense strategies will be the same. We tailor our defense to you and your needs, whether that’s fighting to prove your innocence or working strategically to get you the lower possible punishment.


Contact Lipp Law today for a free consultation to discuss your case and your rights.

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Frequently Asked Questions

Although most people believe that “assault and battery” is one crime, that is not the case. “Battery” is a crime that is separate and distinct from the crime “Assault.”

  • What is the legal definition of Battery?

    1. As used in this section:

    “Battery” means any willful and unlawful use of force or violence upon the person of another.

    “Child” means a person less than 18 years of age.

    “Officer” means:

    • A person who possesses some or all of the powers of a peace officer;
    • A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
    • A member of the volunteer fire department;
    • A jailer, guard or other correctional officer of a city or county jail;
    • A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or
    • An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.

    “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, on osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide – certified, a dentist, a dental assistant, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, an emergency medical technician, an advanced emergency medical technician or paramedic.

    “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

    “Sporting event” has the meaning ascribed to it in NRS 41.630.

    “Sports official” has the meaning ascribed to it in NRS 41.630.

    “Taxicab” has the meaning ascribed to it in NRS 706.8816.

    “Taxicab driver” means a person who operates a taxicab.

    “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.


    2. Except as otherwise provided in NRS 200.485, a person convicted of battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:


    If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.


    If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.


    If:

    • The battery is committed upon an officer, provider of health care, school employee, taxicab driver, or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;
    • The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and
    • The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,
    • For a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years, and a maximum term of not more than 10 years, or by a fine of not more than #10,000, or by both fine and imprisonment.

    If the battery is 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 the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.


    If the battery is committed with the use of a deadly weapon, and:

    • No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
    • Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years , and may be further punished by a fine of not more than $10,000.

    If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.


    If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

    • No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
    • Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years, and a maximum term of not more than 15 years.

  • That is a lot of information to take in, what do I really need to know?

    Let’s start with the definition of “Battery.”


    Subsection 1(a.) provides the definition of “battery” as “any willful and unlawful use of force or violence upon the person of another.”


    This means that there are three elements to a “battery” charge:


    1. Physical force or violence, sometimes called a harmful or offensive touching;
    2. Willful use; and
    3. Unlawful use.

  • What exactly do you mean by “physical force or violence”?

    Basically, this only means that a “touching” occurs. However, it is important to remember that the “touching” does not have to be physical contact between the accused and the victim. There are a number of types of “physical force” that do not require physical contact between two people, including:


    • Blowing smoke into someone’s face;
    • Slipping some kind of drug into another person’s drink;
    • Setting a trap that harms someone hours or days later.

    So long as the accused does something that causes a “touching” of some kind, then this element is satisfied.


    Please Note: The ‘touching’ must either cause the victim some kind of harm or be offensive to a reasonable person. As with the example of blowing smoke in someone’s face, if a reasonable person, in the victim’s position, wouldn’t find it offensive to have someone blowing smoke in their face, then the ‘touching’ of the smoke to their face is not offensive and is therefore not a battery.

  • What do you mean by “willful use?

    “Willful use” simply means intent. However, there are two kinds of “intent” that can lead to a battery charge:


    • Actually intending to cause a physical touching – say for instance, swinging your fist at someone with the intent to punch them.
    • Knowledge that your actions are likely to lead to a physical touching – As an example, if you were shadow-boxing in a dark and empty room and someone happened to walk in to the room and accidentally got punched because you couldn’t see them and had no reason to believe they were there, battery would not be appropriate because you had no intent, nor any reason to believe that someone would get hit. However, if you were to start shadow-boxing on a crowded subway platform, or inside a crowded elevator, and accidentally hit someone, then you could be charged with battery because a reasonable person would know that shadow-boxing in a confined and crowded place is likely going to lead to someone getting hit.

    So a harmful or offensive touching that was intended, or likely to happen from the accused’s conduct, satisfies the first two elements of battery.

  • So, then, what is “unlawful use”?

    Basically, this just means that you didn’t have a reason to cause the touching. For example, if you are walking down the street when someone trips and you reach out to catch them, then you would not be touching them in an offensive manner. Your ‘touching’ would be warranted. However, if you were walking down the street and just reached out and grabbed someone for no reason, then the touching would not be warranted, and battery may be appropriate.


    Please Note: It is very important to understand that battery does not require that the victim is aware of the touching. If you were to slip a drug into someone’s drink without them knowing, then they would be completely unaware of the conduct, but it would still satisfy all three elements of a battery.

  • What is the deal with all those definitions?

    Those definitions help to determine how severe the battery charges will be. If you committed a battery against someone that falls into one of those definitions, then the penalties will be more drastic. The definitions can be summed up as:


    • Anyone under 18 years of age;
    • A police offer or fire fighter;
    • An officer at a correctional facility;
    • A judge, magistrate, or anyone else acting as a judge or referee in a legal proceeding;
    • An employee of the State who is required to make home visits (like a social worker);
    • Any form of health care provider;
    • Anyone who works for a school district;
    • An umpire or referee of a sporting event, so long as they are acting in that capacity; or
    • The driver of a public form of transportation, like a bus, taxi, etc., so long as they are acting in that capacity.

  • What do you mean by “so long as they are acting in that capacity”?

    Quite simply, committing a battery against someone who happens to be an umpire or referee is not the same thing as committing a battery against an umpire or referee.


    If you commit a battery against someone because of a disagreement at a bar, and then find out that he or she is an umpire or referee. Then they were probably not acting in their capacity as an umpire or referee. The penalty will not be the same as if you were to commit a battery against them after they made a bad call during a sporting event.


    And the same goes for drivers of public transportation.

Penalties

What you need to know

Okay, so what are the penalties?


As noted above, the penalties for battery depend on who was assaulted. They also depend on whether the battery was committed with a deadly weapon, or the immediate ability to use a deadly weapon.


If the battery was against someone without the use or immediate ability to use a deadly weapon, and there was no substantial bodily harm, then the battery should be charged as a misdemeanor, which means possible penalties of:


  • Up to 6 months in jail; and/or
  • Possible fines up to $1,000.00.

If the battery was against someone without the use or immediate ability to use a deadly weapon, and there was substantial bodily harm, then the battery should be charged as a category C felony, which means possible penalties of:


  • Between 1 and 5 years in a Nevada State Prison; and
  • Possible fines up to $10,000.00.

If the battery was committed against one of the categories of people listed above, without the use, or immediate ability to use deadly weapon and no substantial bodily harm, then the battery should be charged as a gross misdemeanor, which means possible penalties of:


  • Up to 364 days in a Nevada State Prison; and/or
  • Possible fines up to $2,000.00.

If the battery was committed with the use or immediate ability to use a deadly weapon, and there was no substantial bodily harm, then the battery should be charged as a category B felony, which means possible penalties of:


  • Between 2 and 10 years in a Nevada State Prison; and
  • Possible fines up to $10,000.00.

If the battery was committed with the use or immediate ability to use a deadly weapon, and there was substantial bodily harm, then the battery should be charged as a category B felony, which means possible penalties of:


  • Between 2 and 15 years in a Nevada State Prison; and
  • Possible fines up to $10,000.00.

If the battery was committed without the use or immediate ability to use a deadly weapon, no substantial bodily harm, and the accused is a prisoner, or on parole or probation, then the assault should be charged as a category B felony, which means possible penalties of:


  • Between 1 and 6 years in a Nevada State Prison.

If the battery was committed with the use or immediate ability to use a deadly weapon, no substantial bodily harm, and the accused is a prisoner, or on parole or probation, then the assault should be charged as a category B felony, which means possible penalties of:


  • Between 2 and 10 years in a Nevada State Prison.

If the battery was committed with the use or immediate ability to use a deadly weapon, there was substantial bodily harm, and the accused is a prisoner, or on parole or probation, then the assault should be charged as a category B felony, which means possible penalties of:


  • Between 2 and 15 years in a Nevada State Prison.

Defense

We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


The possible defenses to Battery charges will depend on the specific circumstances of your case, but may include:


Necessity

This defense is based on the accused’s need to commit the touching, or the need to touch the victim in a harmful or offensive way. Some common examples of this are a physician performing medical aid on someone who is unable to give consent. Or, as in the example used above, if someone were to trip while walking down the street, if that person were to come in contact with another person in an attempt to avoid falling, then the touching would not battery. Similarly, if you were to attempt to ‘catch’ that personas they tripped, then your touching would also not constitute a battery.

Not harmful or offensive

In order to constitute a battery, the touching must be must be offensive to a reasonable person or harmful to the victim. As with the example of the person who trips, if you were to try to catch them, your touching may, in fact, offend them. However, generally speaking, the reasonable person would be grateful to you for trying to help and would not find the touching offensive, which is why it would not be a battery. If the touching is not offensive to a reasonable person, then it must be harmful to the victim. Generally, the victim has to experience an actual, identifiable harm in order for battery to be charged.

Consent

Battery cannot be charged if the victim consented to the touching. This is often the case when a someone gets injured playing sports. As long as the touching is a natural part of the sport (such as tackling in football), then the Court views the victim as consenting to the conduct. However, there are many other instances where someone consents to a harmful or offensive touching. For example, if asks to have drugs put into their drink, then the accused would not be guilty of battery (though might be guilty of possession or other crimes).

Self-Defense

Self-defense laws allow for the “reasonable use of force” in defense of yourself and others. If you can show that your use of force was done in self-defense, or in the defense of others, and out of a reasonable belief that you or the person you were defending was about to be harmed, then the battery charges should be dropped or dismissed. However, the force used must not be disproportionate to the threatened danger.

Defense of property

In some instances, you are allowed to use force to defend your property. You are generally justified in using reasonable force to protect your home because Nevada does not have any laws that force a “duty to retreat” on you. So long as you did not provoke or invite the conflict, you have a right to stand your ground. In the case where someone enters the house to commit a felony or to physically hurt someone, you are even justified in killing the intruder, so long as the intruder’s intent was clear.

No Intent

Battery requires intent. So if you did not intend to make an physical contact or “touching,” then battery is inappropriate. However, if a harmful or offensive contact is likely to occur from your conduct, then this defense would not apply. If you were aware that you would likely cause a harmful or offensive contact, then you can still be charged with battery. If you had no intent, and were unaware that such a contact may occur, then the charges against you should be dropped or dismissed.

What should I do if I’ve been charged with Battery?


As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case. Contact Lipp Law today.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws

Laws as defined by the NRS and explanations

Assault and Battery Laws

  • NRS 200.471 - Assault: Definitions; penalties

     1.  As used in this section:

          (a) “Assault” means:

                (1) Unlawfully attempting to use physical force against another person; or

                (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

                      (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

                      (c) “Officer” means:

                (1) A person who possesses some or all of the powers of a peace officer;

                (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

                (3) A member of a volunteer fire department;

                (4) A jailer, guard or other correctional officer of a city or county jail;

                (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

                (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;

                (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

                (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to law enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

                (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to fire fighting or fire prevention; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

                (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to code enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

          (d) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, an emergency medical technician, an advanced emergency medical technician and a paramedic.

          (e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

          (f) “Sporting event” has the meaning ascribed to it in NRS 41.630.

          (g) “Sports official” has the meaning ascribed to it in NRS 41.630.

          (h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

          (i) “Taxicab driver” means a person who operates a taxicab.

          (j) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.


    2.  A person convicted of an assault shall be punished:

          (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

          (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

          (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is 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 the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

          (d) If the assault is 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 by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

  • NRS 200.481 - Battery: Definitions; penalties.

    1.  As used in this section:

          (a) “Battery” means any willful and unlawful use of force or violence upon the person of another.

          (b) “Child” means a person less than 18 years of age.

          (c) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

          (d) “Officer” means:

                (1) A person who possesses some or all of the powers of a peace officer;

                (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

                (3) A member of a volunteer fire department;

                (4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;

                (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

                (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;

                (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

                (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to law enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

                (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to fire fighting or fire prevention; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

                (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                      (I) Interact with the public;

                      (II) Perform tasks related to code enforcement; and

                      (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

          (e) “Provider of health care” has the meaning ascribed to it in NRS 200.471.

          (f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

          (g) “Sporting event” has the meaning ascribed to it in NRS 41.630.

          (h) “Sports official” has the meaning ascribed to it in NRS 41.630.

          (i) “Strangulation” means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.

          (j) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

          (k) “Taxicab driver” means a person who operates a taxicab.

          (l) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.


    2.  Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:

          (a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.

          (b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.

          (c) If:

                (1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;

                (2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and

                (3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,

          for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

          (d) If the battery is 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 the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.

          (e) If the battery is committed with the use of a deadly weapon, and:

                (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

                (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.

          (f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

          (g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:

                (1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.

                (2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.

  • NRS 200.485 - Battery which constitutes domestic violence

    1.  Unless a greater penalty is provided pursuant to subsections 2 to 5, inclusive, or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

          (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be punished by:

                (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

                (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

          The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

          (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be punished by:

                (1) Imprisonment in the city or county jail or detention facility for not less than 20 days, but not more than 6 months; and

                (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

           The person shall be further punished by a fine of not less than $500, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must not be less than 12 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

          (c) For the third offense within 7 years, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.


    2.  Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130.


    3.  Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:

          (a) A felony that constitutes domestic violence pursuant to NRS 33.018;

          (b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or

          (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) or (b),

           and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.


    4.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed against a victim who was pregnant at the time of the battery and the person knew or should have known that the victim was pregnant:

          (a) For the first offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not less than 20 days and may be further punished by a fine of not less than $500, but not more than $1,000.

          (b) For the second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.


    5.  Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery causes substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison of a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not less than $1,000, but not more than $5,000.


    6.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

          (a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

          (b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

    > If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.


    7.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:

          (a) When evidenced by a conviction; or

          (b) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

    > without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a), (b) or (c) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.


    8.  In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for an alcohol or other substance use disorder that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.


    9.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.


    10.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a misdemeanor and may prohibit the person from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360, the person is entitled to a trial by jury pursuant to subsection 1 of NRS 175.011, regardless of whether the person was previously prohibited from owning, possessing or having under his or her control or custody any firearm pursuant to NRS 202.360.


    11.  A court:

          (a) Except as otherwise provided in paragraph (b), shall not grant probation to or suspend the sentence of a person described in subsection 10.

          (b) May grant probation to or suspend the sentence of a person described in subsection 10:

                (1) As set forth in NRS 4.373 and 5.055; or

                (2) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.


    12.  In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:

          (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and

          (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.


    13.  A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


    14.  As used in this section:

          (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

          (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

          (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

  • NRS 200.490 - Provoking assault

    Every person who shall, by word, sign or gesture, willfully provoke, or attempt to provoke, another person to commit an assault shall be punished by a fine of not more than $500.


          [Part 1911 C&P § 150; RL § 6415; NCL § 10097]—(NRS A 1967, 473)

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