An arrest does NOT guarantee a conviction. We may be able to get the charges reduced or dismissed without a trial. Visit our page on Nevada criminal defense laws to learn more.
Yes, victims of violence may sue their assailant for assault and battery in Nevada. A settlement should cover all medical expenses, lost wages from being unable to work, and pain and suffering. And depending on the case, victims may also have grounds to sue for false imprisonment and intentional infliction of emotional distress.
Assault and battery are actually two separate legal claims in Nevada. Assault is scaring someone into thinking that he/she is about to be hurt. Battery is physically hurting someone.
To win a Nevada assault claim against a defendant (assailant), the plaintiff (victim) would need to prove these elements:
Therefore, assault is like an attempted battery. Valuable evidence would include any videotape recordings of the incident or eyewitness testimony. Otherwise, assault can be difficult to prove since it requires no physical contact and therefore no injuries.
To win a battery claim in Nevada, the plaintiff would need to prove these elements:
Common evidence is photographs of – and any medical records concerning – the injuries the plaintiff suffered.
Personal injury attorneys seek settlements to cover all of the plaintiff’s compensatory damages. These are all the out-of-pocket costs that the plaintiff incurred due to the defendant’s wrongdoing. Typical compensatory damages consist of:
If a settlement cannot be reached, the case would then go to trial. If the plaintiff wins, the judge or jury would then decide on the damages award.3
Possibly. If the case goes to trial and the plaintiff wins, the plaintiff can ask the court to award punitive damages. Punitive damages are meant to punish the defendant for malicious or oppressive behavior. In Nevada, punitive damages are generally capped at:
Battery and assault victims generally have two years after the incident to file a personal injury lawsuit in Nevada. But in some situations, victims may have longer. A personal injury attorney can calculate what the statute of limitations is in a particular case.5
Possibly. Assault and battery victims may also have grounds to be plaintiffs in a lawsuit for false imprisonment and/or intentional infliction of emotional distress.
To win a false imprisonment claim, plaintiffs would need to prove these elements:
To win an IIED claim, plaintiffs would need to prove these elements:
Yes. Assault (NRS 200.471) and battery (NRS 200.481) are crimes in addition to civil claims. Therefore, victims of violent crimes can file a police report against the assailant. Though it is recommended that victims consult an attorney first to discuss when is the best time to file it and the best way to word it.
Police reports can be filed in-person at the police station or over the phone (by calling 311). And in Las Vegas, victims can file a report online.
Police will then investigate the matter, which may include interviewing the victim. If police find probable cause to believe the suspect committed assault and/or battery, the suspect will be arrested and charged.
Then if the suspect is ultimately convicted, the court can impose criminal penalties. Note that defendants can still be civilly liable for assault and battery even if they are not criminally convicted of it.
Assault without a deadly weapon (“simple assault”) is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000 in fines. Meanwhile, assault with a deadly weapon is a category B felony, carrying one to six years in prison and/or up to $5,000.8
Battery without a deadly weapon (“simple battery”) is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000 in fines. But if the victim sustained substantial bodily harm or was strangled, battery is a category C felony. This carries one to five years in prison and up to $10,000 (at the judge’s discretion).
Meanwhile, battery with a deadly weapon is a category B felony, carrying two to 10 years in prison and a possible fine of up to $10,000. But if the victim sustained substantial bodily harm or was strangled, the maximum prison sentence is 15 years.9
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
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