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  • Writer's pictureSgro & Roger

The Difference between Assault and Battery in Nevada

Most people may not distinguish between assault and battery; assault is like attempted battery. If somebody hits you, you have been battered. But if a person lifts his/her fist to punch you, causing reasonable belief that you will be hit, you are being assaulted because no physical contact is happening. 

Assault and battery can be prosecuted as either misdemeanors or felonies in Nevada relative to the severity of the situations. Circumstances that involve deadly weapons, substantial bodily harm or strangulation usually result in felony charges. In the case that you are a non-citizen or immigrant, assault or battery convictions may be deportable crimes. 

Assault, as defined by the NRS, is the unlawful attempt to use physical force against another person; or the intentional placing of another person in reasonable apprehension of immediate bodily harm. Battery, as defined by the NRS, is any willful or unlawful use of force or violence upon another person. 

Penalties for assault and batter may be more severe with the following conditions:

  1. The accused used a deadly weapon, or had one available, during the alleged assault or battery;

  2. The accused was on probation or was an inmate or parolee at the time of the crime; 

  3. The victim sustained substantial bodily harm;

  4. The accused intended to commit several other crimes in addition to the assault or battery;

  5. The assault or battery was committed on an airplane. 

  6. The victim fell under a protected class.

  • Police officers or jailers;

  • state officials;

  • firemen;

  • teachers or school employees;

  • judges;

  • doctors or health care providers;

  • taxi drivers/transit officials;

  • umpires at sport events; and

  • certain civilian employees/volunteers of law enforcement or firefighting agencies. 

If you, a family member or a friend is facing assault or battery issues, contact Sgro & Roger at 702.384.9800 for a free consultation. 


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