In Nevada, you commit “battery with substantial bodily harm” if you inflict unlawful physical force on another person and thereby cause serious injury. This is a felony punishable by 1 to 15 years in prison, depending on whether a deadly weapon was used.
Common defenses are that
- you acted in self-defense or
- the injuries were sustained due to an accident.
In this article, our Las Vegas criminal defense attorneys will discuss:
- 1. What is substantial bodily harm?
- 2. Will I go to prison?
- 3. Can I fight the charges?
- 4. Will it affect my immigration status?
- 5. Is the record sealable?
- 6. Related Offenses
Battery with substantial bodily harm is a felony in Nevada.
1. What is substantial bodily harm?
Under NRS 200.481, battery with substantial bodily harm is defined as intentionally hitting or touching someone in a way that results in severe physical injuries.
Examples of substantial bodily harm include:
- Fractured bones
- Cuts requiring stitches
- Damaged organs
- Paralysis
- Serious burns
- Long-lasting contusions
- Gunshot wounds
- Concussions
- Loss of consciousness
Examples of battery that may cause substantial bodily harm include:
- shooting
- stabbing
- strangling
- poisoning
- punching
- kicking
- throwing heavy or sharp objects at
A battery must be deliberate to be illegal. Accidentally touching is not a crime, even if the accident caused severe injuries.1
2. Will I go to prison?
A conviction for battery causing serious injuries does carry time in Nevada State Prison. The sentencing range depends on the circumstances of the case, as this table illustrates:
| Battery with substantial bodily harm | Nevada penalties |
| The defendant did not use a deadly weapon | Category C felony:
|
| Battery with a deadly weapon | Category B felony:
|
The victim was working as an:
And the defendant knew – or reasonably should have known – about the victim’s occupation (If the victim was working as a sports official, the reason for the battery must stem from the victim’s performance at a sporting event.) | Category B felony If there was a deadly weapon:
Otherwise:
|
The defendant was either a:
| Category B felony If there was a deadly weapon:
Otherwise:
|
Gunshot wounds qualify as substantial bodily harm in battery cases.
3. Can I fight the charge?
Here at Las Vegas Defense Group, we have successfully defended hundreds of clients charged with battery with substantial bodily harm. Three common defenses that we assert are:
- Accident. As long as the touching was completely unintentional, then no crime occurred. An example may be swinging open a door not realizing that someone is behind it, and the force of the collision breaks that person’s nose.
- Self-defense. Nevada law allows people to fight back as long as their use of force is reasonable and proportional. For instance, if someone pulls a knife on someone else, the victim may legally inflict substantial bodily harm to stop the knife attack.
- False accusations. Occasionally people falsely accuse others of battery of out anger, revenge, a misunderstanding, or through misidentification. Sometimes “victims” even self-inflict their own injuries in an attempt to get someone else in trouble. However, as long as insufficient evidence exists to prove the defendant is guilty, the charge should be dropped.
4. Will it affect my immigration status?
Any violent felony is typically a deportable offense.3 Therefore, non-citizens facing charges for battery with substantial bodily harm should get an attorney to try to get the case
- dismissed or
- reduced to a lesser offense.3
5. Is the record sealable?
A conviction for battery causing severe injuries can be sealed ten years after the case ends. But if the charge gets dismissed, the record may be sealed right away.4 Learn how to get a Nevada criminal record seal.
6. Related Offenses
Assault with a deadly weapon
Assault with a deadly weapon (NRS 200.471(2)(b)) is using a lethal object such as a gun, knife, brick, or pipe to place another person in apprehension of immediate bodily harm. Therefore, no physical touching or injuries are required. A category B felony, this criminal offense carries 1 to 6 years in prison and/or up to $5,000 in fines.
Mayhem
Mayhem (NRS 200.280) is a specific type of battery causing substantial bodily harm where the assailant unlawfully maims, disfigures, or disables another person. A deadly weapon is not required. A category B felony, mayhem carries 2 to 10 years in prison and possibly up to $10,000 in fines.
Attempted murder
Attempted murder is intentionally trying but failing to end another human being’s life. It is typically a category B felony, carrying one 2 to 20 years in prison. But the judge can as much as double the sentence if the defendant used a deadly weapon, or if the victim was at least 60 years old.
Note that attempted murder by poisoning (NRS 200.390) is a category A felony. The sentence is either 15 years or life in prison (with the possibility of parole after 5 years).
Legal References
- NRS 200.481; NRS 0.060; Hobbs v. State (2011) 127 Nev. 234, 251 P.3d 177.
- NRS 200.481; Allred v. State (2004) 120 Nev. 410, 92 P.3d 1246.
- 8 U.S.C. 1227.
- NRS 179.245; NRS 179.255.