“Substantial Bodily Harm” & Nevada Criminal Sentencing

Nevada Revised Statute 0.060 defines “substantial bodily harm” as a physical injury that

1. carries a high probability of death,
2. results in severe, long-term disfigurement, organ damage or loss of a bodily function, or
3. causes protracted physical pain.

Inflicting substantial bodily harm on a victim can lead to more serious felony penalties.

Prosecutors have to prove beyond a reasonable doubt that you caused the injuries for you to get an increased sentence. You can fight these allegations with medical records and expert testimony showing that the injuries do not qualify as substantial bodily harm.

In this article, our Las Vegas criminal defense attorneys address the following topics:

• 1. “Substantial Bodily Harm” Defined
• 2. How Prosecutors Prove It
• 3. Penalties
• 4. Defenses
• Additional Reading

1. “Substantial Bodily Harm” Defined

Substantial bodily harm in Nevada refers not only to near-lethal or debilitating injuries but also to long-lasting cosmetic damage or chronic pain. Examples include the following:

• Broken bones or fractures of any bodily member (even though they may fully heal eventually)
• Any injury needing stitches
• Organ damage
• Paralysis
• Severe burns (second-degree and third-degree)
• Contusions that last a long time
• Wounds from gunshots or other dangerous weapons
• Brain damage from being drugged with controlled substances
• Concussions
• Losing consciousness
• Amputations
• Scarring and other cosmetic injuries¹

Note that serious bodily injuries do not encompass financial harm or emotional harm.²

2. How Prosecutors Prove It

In Nevada, prosecutors must allege that you caused substantial bodily harm in the complaint, information, or indictment that spells out the criminal charges. Then prosecutors have the burden at trial to prove beyond a reasonable doubt that you caused substantial bodily harm.

The state usually relies on medical records and expert medical testimony in an effort to sway the court that the injuries warrant a sentencing enhancement.

Nevada judges and juries examine the evidence on a case-by-case basis to determine whether the injury in question falls under the legal definition of substantial bodily harm. Some factors they may take into consideration include:

• How severe the injury is,
• The length of the injury,
• How much pain it causes,
• The amount of medical care it requires, and also
• How the injury was sustained.

For instance, a black eye that fades in a few days might not be serious enough under NRS 0.060. In contrast, a black eye that lasts for weeks and impairs the victim’s vision probably would.³

3. Penalties

Many Nevada crime laws are written so that prosecutors can bring more serious charges if you allegedly caused serious physical harm. Below are common crimes where substantial bodily harm increases the penalty range:

Kidnapping

You face life in Nevada State Prison without the possibility of parole if the kidnapping (NRS 200.320) victim sustains serious harm during the initial taking or any associated

• Detention,
• Confinement, or
• Attempt to escape.

Otherwise, the maximum sentence for first-degree kidnapping is life with the possibility of parole.⁴

Rape

When an adult victim of sexual assault (NRS 200.366) sustains serious bodily harm from the rape, you may be sentenced to life without the possibility of parole.

If there were no serious injuries, the harshest sentence the judge can hand down is life with the possibility of parole.

Battery with substantial bodily harm

Regular adult-on-adult battery with substantial bodily harm without weapons may result in a prison term of one to five years and a fine of $10,000. If there are no major injuries however, battery (NRS 200.481) is a misdemeanor (“simple battery”) carrying up to six months in jail and/or up to $1,000 in fines.

Note that assault crimes (NRS 200.471) do not carry increased penalties for substantial bodily harm. This is because, by definition, assault does not involve physical touching – just putting others in the apprehension of being physically harmed.

Instead, assault penalties are enhanced if you were an inmate, probationer, or parolee, or if you committed assault with a deadly weapon.

Also note that attempted murder does not carry increased penalties for substantial bodily harm either. If the victim does sustain serious injuries from the attempted murder, prosecutors would simply prosecute you for battery with substantial bodily harm in addition to attempted murder.⁵

Battery domestic violence

Battery domestic violence (NRS 200.485) is usually a misdemeanor as long as you cause no injuries (and there was no strangulation or use of a deadly weapon). Though if you did allegedly cause serious harm, even a first offense becomes a category B felony. The penalty for felony domestic battery is

• 1 to 6 years in prison and
• A fine of $1,000 to $5,000.

Child abuse, neglect or endangerment

Child abuse, neglect or endangerment laws (NRS 200.508) mandate very severe penalties for serious bodily harm even if it resulted from neglect rather than direct physical abuse. A typical neglect conviction without harm is a gross misdemeanor carrying

• Up to 364 days in jail and/or
• Up to $2,000 in fines.

If substantial bodily harm (or mental harm) occurred, the sentencing range for child neglect is two to twenty years in prison.

Aggravated stalking

If you are charged with aggravated stalking (NRS 200.575), you face increased penalties merely for making the victim fear serious bodily harm. The penalties range from two to fifteen years in prison plus a fine of up to $5,000.

If the victim is not apprehensive about being hurt, stalking is only a misdemeanor carrying

• Up to 6 months in jail and/or
• Up to $1,000 in fines.

DUI

Driving a motor vehicle under the influence is typically a misdemeanor, and you can usually avoid jail for a first-time offense. However, DUI causing injury (NRS 484C.430) is a felony, carrying

• 2 to 20 years in prison,
• A $2,000 to $5,000 fine, and
• A 3-year license suspension.

Probation would not be available for a DUI felony offense.

4. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with crimes involving substantial bodily harm. Remember, a charge does not guarantee a conviction, and we can often convince prosecutors during negotiations to reduce or drop a case.

The most obvious way to fight charges involving substantial bodily harm is to show the injuries were not “substantial.” To support this, we would rely on such evidence as

• Health care /medical records and
• Medical expert testimony.

We would also research any past criminal cases that concerned injuries similar to the ones in the present case. If the injuries in those cases were ruled unsubstantial, the district attorney in the present case may be persuaded to lessen your charges.

Depending on your case, we could fight the underlying charge using such common defenses as:

• You were falsely accused,
• You acted in self-defense,
• The incident was an accident,
• The injuries were not a direct result of your actions, and/or also
• The police officers committed misconduct (such as a law enforcement officer coercing a confession or conducting an illegal search).

If the underlying charge gets dismissed, the sentencing enhancement for substantial bodily harm would also be dropped.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Rape is Tough Enough Without Having Someone Kick You from the Inside: The Case for Including Pregnancy as Substantial Bodily Injury – Valparaiso University Law Review.
• Pregnancy as a Result of Unlawful but Non-Forcible Sexual Conduct Is Not a Form of Great Bodily Injury – New England Law Review.
• Conceiving Injury – An Analysis of People v. Cross – Whittier Law Review.
• Harsh and Unique: Exploring the Legality of the Resulting in “Death or Serious Bodily Injury” Enhancement of 21 USC Sec. 841 – Criminal Law Practice.
• Excessive Force Claims: Is Significant Bodily Injury the Sine Qua Non to Proving a Fourth Amendment Violation – Fordham Law Review.

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Legal References