The defenses for assault and battery in Las Vegas, Nevada (NRS 200.471, NRS 200.481)
"Assault and battery is often very difficult for the prosecution to prove," explains Las Vegas criminal defense attorney Michael Becker, "especially if there are no witnesses to the incident or no physical injuries resulting from it."
When fighting these charges, our Las Vegas assault and battery lawyers explore many possible defenses, including:a) There was no intent
b) Harm was not immediate/ apprehension was unreasonable
c) Self-defense
d) Consent
These defenses are explained below:
a) There was no intent:
A Nevada assault charge requires that the prosecution prove that you intended to put someone in reasonable fear of physical harm. Similarly, battery requires the prosecution to prove that you intended to use unlawful physical force on someone.
Therefore, one way our Nevada assault and battery lawyers may fight these charges is to demonstrate that you lacked intent. For example,
John is at a North Las Vegas bar playing darts. Right after John throws one, Sam walks in front of the dartboard, sees the dart coming towards him and ducks the dart. Later at the pool table, John is sliding back his cue stick and strikes Sam, who just walked behind John.
In this case, the prosecution would have a difficult time arguing that John committed assault or battery in North Las Vegas because he lacked intent. Sam walked in front of the dartboard after John through the dart, so John didn’t mean to assault Sam. Furthermore, John didn’t know Sam was behind him at the pool table, so John didn’t mean to batter Sam with his cue stick.
b) Harm was not immediate/ Apprehension not reasonable:
Under Nevada laws, the definition of "assault" is putting someone in reasonable apprehension of immediate bodily harm. Therefore, one way our Clark County assault attorneys may fight this charge is to argue that the apprehension was unreasonable and/or that the harm was not immediate. For example,
Sam is walking through a Laughlin casino when John comes up to him, stomps his feet and says, "If you don’t pay me the money you owe me in five minutes, you’re gonna regret it!"
In this case, a Laughlin criminal defense attorney would argue that no assault occurred because the harm John threatened wasn’t immediate enough. Usually, any harm that would take more than a few seconds to occur disqualifies assault as a possible charge. Furthermore, any fear Sam feels from John’s threat probably isn’t that reasonable since "you’re gonna regret it" is too vague.
c) Self-defense to a Nevada Assault & Battery:
Nevada law allows you to defend yourself against immediate bodily injury or worse as long as the force you fight back with is reasonable under the circumstances. For example,
Sam is walking through a Henderson alleyway when he comes across John and Jim. John starts punching Sam in the face. In response, Sam punches John back with more force, causing Jim to stop his attack. Then Jim brandishes a stick at Sam. In response, Sam waves his belt at Jim until Jim runs away.
In this case, a Henderson criminal defense attorney might argue that Sam did not commit battery or assault in Clark County because he was defending himself with reasonable force considering the circumstances. Had John and Jim merely elbowed Sam or verbally abused him, then Sam’s reaction of punching John and taunting Jim may have been too excessive to fall under self-defense. (NRS 200.275)
(However, Nevada law may punish people for provoking assaults. If John and Jim’s taunts provoked Sam to commit an assault, a Nevada judge might fine John and Jim $500. NRS 200.490)
d) Consent:
In some situations, especially sports, participants are assumed to have consented to assault and battery. For example,
John and Sam are playing football in the UNLV gym. When John tackles Sam, Sam breaks a rib.
In this case, the prosecution would have a hard time accusing John of a Las Vegas battery crime. Tackling is standard practice in football, and injuries are very common. As long as a game is fair and force isn’t excessive, consent may serve as a defense to assault and battery.
Please call our Las Vegas assault and battery lawyers at 702-DEFENSE (702-333-3673) to schedule a free consultation.
To learn about the definitions of Assault and Battery in Nevada, click here.
To learn about possible penalties for Assault and Battery in Nevada, click here.
Or return to our Assault and Battery in Nevada main page here.
