Penalties for "Assault" and "Battery" in Nevada
(NRS 200.471, NRS 200.481)
(Explained by Las Vegas Criminal Defense Attorneys)


The Nevada crimes of assault and battery carry a range of penalties depending on the circumstances. Minor incidents may be prosecuted as misdemeanors in Nevada carrying only community service. Major incidents can be prosecuted as felonies in Nevada carrying years in Nevada State Prison. (If the alleged battery is committed between family members, significant others or roommates, Nevada's "battery domestic violence" laws may apply instead.)

In this article our Las Vegas criminal defense attorneys answer frequently-asked-questions about assault penalties and battery penalties in Nevada. Click on a topic below to go directly to that section:

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Assault and battery can be charged as misdemeanors or felonies in Nevada depending on the facts of the case.

1. When does assault or battery in Nevada carry jail or prison?

Penalties for assault and battery are typically more severe if any of the following six conditions is true:

  1. if the accused used deadly weapons ... or had a deadly weapon available to be used ... during the alleged assault or battery;

  2. if the accused was an inmate, parolee or probationer at the time of the alleged assault or battery;

  3. if the alleged victim sustained substantial bodily harm in Nevada

  4. if the accused also allegedly intended to commit either the Nevada crime of mayhem, the Nevada crime of robbery, the Nevada crime of grand larcenyNevada crime of sexual assault, or the Nevada crime of murder;

  5. if the assault or battery was committed on an airplane that took off from or landed in a Nevada airport (punishable under federal law);

  6. if the alleged victim was a member of a protected class, which includes:

  • police officers or jailers
  • state officials
  • firemen
  • teachers or school employees
  • judges
  • doctors or health care providers
  • taxi drivers or transit officials
  • umpires at sporting events; or

In short, the more serious the case, the more serious the penalties.

Assault-optimized
Assault with a deadly weapon carries much more severe penalties than assault without a deadly weapon in Nevada.

2. Can I go to jail for assault in Nevada?

Whether an assault charge will result in incarceration in Nevada hinges on the circumstances of the case. The following chart outlines the penalty range:

TYPE OF ASSAULT IN NEVADA

PENALTIES

Misdemeanor:

-accused had NO deadly weapon; and

-victim is NOT a member of a “protected class”; and

-accused is NOT an inmate, parolee or probationer

-up to 6 months in jail, and/or

-up to $1,000

(The judge may impose community service instead of jail.)

Gross Misdemeanor:

-accused had NO deadly weapon; and

-victim IS a member of a protected class; and

-accused is NOT an inmate, parolee or probationer

-up to 364 days in jail, and/or

-up to $2,000

Category D felony:

-accused had NO deadly weapon; and

-victim IS a member of a protected class; and

-accused IS an inmate, parolee or probationer

-1 – 4 years in Nevada State Prison, and

-maybe up to $5,000

Category B felony:

-accused HAD deadly weapon

-1 – 6 years in Nevada State Prison, and/or

-up to $5,000

2.1 Penalties for assault without a deadly weapon in Nevada

The punishment for assault in Nevada without a deadly weapon turns on two things: 1) whether the accused was currently an inmate, probationer or parolee, and 2) whether the alleged victim was a member of a protected class (such as a cop):

  • Simple assault: A Nevada assault crime committed is a misdemeanor as long as the accused was not an inmate, probationer or parolee, and as long as the alleged victim was not part of a protected class. The judge may impose six months in jail and/or a $1,000 fine. OR, the judge may impose community service instead of jail time.
  • Victim is protected class: A Nevada assault crime committed against a protected class is a gross misdemeanor in Nevada as long as the accused was not an inmate, probationer or parolee. The judge may impose imprisonment for 364 days and/or a $2,000 fine.
  • Victim is protected and accused is an inmate, probationer or parolee: A Nevada assault crime committed against a protected class and by an inmate, probationer or parolee is a category D felony in Nevada. The judge may impose imprisonment for one to four years and maybe a $5,000 fine.

2.2 Penalties for assault with a deadly weapon in Nevada

The punishment for assault in Nevada with a deadly weapon turns on two things: 1) whether the accused was currently an inmate, probationer or parolee, and 2) whether the alleged victim was a member of a protected class (such as a cop):

  • Assault with deadly weapon: A Nevada assault crime committed with a deadly weapon is a category B felony in Nevada as long as the accused was not an inmate, probationer or parolee, and as long as the alleged victim was not part of a protected class. The judge may impose imprisonment for one to six years and/or a $5,000 fine.
  • Victim is protected class and accused had deadly weapon: A Nevada assault crime committed against a protected class is a category B felony as long as the accused was not an inmate, probationer or parolee. The judge may impose imprisonment for one to six years and/or a $5,000 fine.
  • Victim is protected class, accused is an inmate, probationer or parolee and had deadly weapon: A Nevada assault crime committed against a protected class and by an inmate, probationer or parolee is a category B felony. The judge may impose imprisonment for one to six years and/or a $5,000 fine.

Note that if someone is charged with mayhem in Nevada under NRS 200.300 but the incident did not result in permanent injury, then the charge may be reduced to assault.1

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Battery tends to carry harsher penalties than assault in Nevada.

3. Can I go to jail for battery in Nevada?

Whether a battery charge will result in incarceration in Nevada hinges on the circumstances of the case. The following chart outlines the penalty range:

TYPE OF BATTERY IN NEVADA

PENALTIES

Misdemeanor:

-accused had NO deadly weapon; and

-victim sustained NO substantial bodily harm nor was strangled; and

-victim was NOT a member of a “protected class”; and

-accused was NOT an inmate, parolee or probationer

-up to 6 months in jail, and/or

-up to $1,000

(The judge may impose community service instead of jail.)

Gross Misdemeanor:

-accused had NO deadly weapon; and

-victim sustained NO substantial bodily harm nor was strangled; and

-victim WAS a member of a protected class; and

-accused was NOT an inmate, parolee or probationer

-up to 364 days in jail, and/or

-up to $2,000

Category C felony:

-accused had NO deadly weapon; and

-victim DID sustain substantial bodily harm or was strangled; and

-accused was NOT an inmate, parolee or probationer; and

-victim was NOT a member of a “protected class”

-1 – 5 years in Nevada State Prison, and

-maybe up to $10,000

Category B felony:

-accused had NO deadly weapon; and

-victim WAS a member of protected class; and

-victim DID sustain substantial bodily harm

-2 – 10 years in Nevada State Prison, and/or

-up to $10,000

Category B felony:

-accused HAD a deadly weapon; and

-victim sustained NO substantial bodily harm

-2 – 10 years in Nevada State Prison, and/or

-up to $10,000

Category B felony:

-accused HAD a deadly weapon; and

-victim DID sustain substantial bodily harm

-2 – 15 years in Nevada State Prison, and

-maybe up to $10,000

Category B felony:

-accused had NO deadly weapon; and

-accused WAS an inmate, parolee or probationer

-1 – 6 years in Nevada State Prison

 Category B felony:

-accused HAD a deadly weapon; and

-accused WAS an inmate, parolee or probationer; and

-victim sustained NO substantial bodily harm

-2 – 10 years in Nevada State Prison

Category B felony:

-accused HAD a deadly weapon; and

-accused WAS an inmate, parolee or probationer; and

-victim DID sustain substantial bodily harm

-2 – 15 years in Nevada State Prison

Category B felony:

-accused committed battery WITH intent to commit mayhem, robbery, or grand larceny

-2 – 10 years in Nevada State Prison, and

-maybe up to $10,000

Category B felony:

-accused committed battery WITH intent to kill

-2 – 20 years in Nevada State Prison

Category A felony:

-accused HAD intent to commit sexual assault; and

-victim DID sustain substantial bodily harm or was strangled

-life in Nevada State Prison with or without the possibility of parole after 10 years, and

-maybe up to $10,000

Category A felony:

-accused HAD intent to commit sexual assault; and

-victim was a child aged 16 or 17; and

-victim did NOT sustain substantial bodily harm nor was strangled

-2 years to life in Nevada State Prison with or without the possibility of parole, and

-maybe up to $10,000

Category A felony:

-accused HAD intent to commit sexual assault; and

-victim was a child aged 15 or younger; and

-victim did NOT sustain substantial bodily harm nor was strangled

-5 years to life in Nevada State Prison with or without the possibility of parole, and

-maybe up to $10,000

3.1 Penalties for battery without a deadly weapon in Nevada 

The punishment for battery in Nevada without a deadly weapon turns on three things: 1) whether the accused was currently an inmate, probationer or parolee, 2) whether the alleged victim was a member of a protected class (such as a cop), and 3) whether the alleged victim sustained serious injuries or was strangled:

  • No substantial bodily harm or strangulation: A Nevada battery crime committed with no substantial bodily harm or strangulation is a misdemeanor as long as the alleged victim was not part of a protected class and the accused was not an inmate, probationer or parolee. The judge may impose six months of jail and/or a $1,000 fine. OR, the judge may impose community service instead of jail time.
  • Victim is protected class and has no substantial bodily harm or strangulation: A Nevada battery crime committed against a protected class and with no substantial bodily harm or strangulation to the alleged victim is a gross misdemeanor as long as the accused was not an inmate, probationer or parolee. The judge may impose imprisonment for 364 days and/or a $2,000 fine.
  • Victim sustains substantial bodily harm or strangulation: A Nevada battery crime committed with substantial bodily harm or strangulation to the alleged victim is a category C felony in Nevada as long as the accused was not an inmate, probationer or parolee and the alleged victim was not part of a protected class. The judge may impose one to five years imprisonment and maybe a $10,000 fine.
  • Accused is inmate, probationer or parolee: A Nevada battery crime committed by an inmate, probationer or parolee is a category B felony. The judge may impose one to six years imprisonment.
  • Victim is protected class and sustains substantial bodily harm or strangulation: A Nevada battery crime committed against a protected class and with substantial bodily harm or strangulation to the alleged victim is a category B felony. It does not matter if the accused is an inmate, probationer, or parolee. The judge may impose imprisonment for two to ten years and/or a $10,000 fine.

3.2 Penalties for battery with a deadly weapon in Nevada 

The punishment for battery in Nevada with a deadly weapon turns on two things: 1) whether the accused was currently an inmate, probationer or parolee, and 2) whether the alleged victim sustained serious injuries or was strangled:

  • No substantial bodily harm or strangulation: A Nevada battery crime committed with no substantial bodily harm or strangulation to the alleged victim is a category B felony. The judge may impose two to ten years imprisonment and maybe a $10,000 fine.
  • With substantial bodily harm or strangulation: A Nevada battery crime committed with substantial bodily harm to the alleged victim is a category B felony. The judge may impose two to fifteen years imprisonment and maybe a $10,000 fine.
  • Accused is an inmate, probationer or parolee with no substantial bodily harm or strangulation to victim: A Nevada battery crime committed by an inmate, probationer or parolee without substantial bodily harm or strangulation to the alleged victim, is a category B felony. The judge may impose two to ten years imprisonment.
  • Accused is an inmate, probationer or parolee and causes substantial bodily harm or strangulation to victim: Nevada battery crime committed by a probationer, inmate or parolee with substantial bodily harm to the alleged victim is a category B felony. The judge may impose two to fifteen years imprisonment.

3.3 Penalties for battery with intent to commit another crime

Battery penalties are very severe in Nevada if the accused allegedly intended to commit an additional crime as well. The severity of the punishment turns on the specific crime the accused allegedly intended to commit:

  • Mayhem, robbery, or grand larceny: A Nevada battery crime committed with the intent to commit mayhem, robbery or grand larceny is a category B felony. A judge may impose imprisonment of two to ten years and maybe a $10,000 fine.
  • Murder: A Nevada battery crime committed with the intent to kill is a category B felony. A judge may impose imprisonment of two to twenty years.
  • Rape with injuries: A Nevada battery crime committed with the intent to commit sexual assault and with substantial bodily harm to the alleged victim (or is committed by strangulation) is a category A felony in Nevada. The judge may impose life imprisonment, with or without the possibility of parole after 10 years, and maybe a $10,000 fine.
  • Rape without injuries on 16- or 17-year old: A Nevada battery crime committed with the intent to commit sexual assault on a child sixteen or older but without substantial bodily harm to the alleged victim is a category A felony. The judge may impose imprisonment of two years to life with the possibility of parole, and maybe a $10,000 fine.
  • Rape without injuries on child under 16: A Nevada battery crime committed with the intent to commit sexual assault on a child fifteen or younger but without substantial bodily harm to the alleged victim is a category A felony. The judge may impose imprisonment of five years to life with the possibility of parole, and maybe a $10,000 fine. (NRS 200.400)

Under some circumstances, a person who interferes with or resists a public officer by using threats, force or violence, may be charged with “Interfering with a public officer” under NRS 197.090. This is a gross misdemeanor, punishable by imprisonment for one year and/or a $2,000 fine.2

If you are facing a charge for assault or battery, we are here for you.

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Call 702-DEFENSE (702-333-3673) for a FREE consultation with a Nevada criminal defense attorney today.

Nevada charges of assault or battery may be reduced or dismissed completely with the help of a good Las Vegas criminal defense attorney fighting for you. To schedule a free consultation with our Las Vegas assault and battery attorneys, call us at 702-DEFENSE (702-333-3673).

If you are an alien living in Nevada who has been charged with assault or battery, it is vital you hire a good criminal defense attorney right away to try to ensure that you do not plea to a deportable offense in Nevada. We may even be able to help if you have already been convicted of a crime. Click on our criminal defense of immigrants in Nevada information page to learn more.


Legal References:

  1. 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) “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 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

                 (6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.

          (c) “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 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 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, an emergency medical technician, an advanced emergency medical technician and a paramedic.

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

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

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

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

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

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

    1. 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.

  2. 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) “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 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; or

                 (6) An employee of the State or a political subdivision of the State whose official duties require the employee to make home visits.

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

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

          (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) “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.

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

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

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

  3. 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.

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