Under NRS § 200.481, Nevada law defines the crime of battery as “any willful and unlawful use of force or violence upon the person of another.” A simple battery that does not cause injury is treated as a misdemeanor. The punishment includes:
- up to 6 months in jail, and
- fines of up to $1,000.
The following bubble graph shows common examples of battery:
Battery penalties range from small fines to long Nevada State Prison sentences depending on the seriousness of the case:
| Nevada Battery Charge | Penalties under NRS 200.481 |
| You did not use a deadly weapon | If the victim sustained substantial bodily harm or was strangled, battery is a category C felony:
Otherwise, battery is a misdemeanor:
|
| Battery with a deadly weapon | Category B felony, carrying at least 2 years in prison and a possible fine of up to $10,000. If the victim sustained substantial bodily harm or was strangled, the maximum prison sentence is 15 years. Otherwise, it is 10 years. |
The victim was working as either an:
Plus you knew – or should have known – of the victim’s job (if the victim was a sports official, the battery must be based on the victim’s performance at a sporting event) | If there was a deadly weapon and the victim sustained substantial bodily harm or was strangled, battery is a category B felony:
If there was a deadly weapon but the victim did not sustain substantial bodily harm and was not strangled, battery is a category B felony:
If there was no deadly weapon but the victim did sustain substantial bodily harm or was strangled, battery is a category B felony:
Otherwise, battery is a gross misdemeanor:
|
If you were a:
| Category B felony: If you did not use a deadly weapon, the prison term is 1 – 6 years. If you did use a deadly weapon, the minimum prison term is 2 years. If the victim sustained substantial bodily harm or was strangled, the maximum term is 15 years. Otherwise, the maximum term is 10 years. |
There are entirely separate punishments for battery domestic violence (NRS 200.485), which comprises physical conflict between certain family members or romantic (ex)partners.
In this article, our Las Vegas criminal defense attorneys discuss the Nevada crime of battery. Click on a topic below to jump to that section:
- 1. Elements
- 2. Defenses
- 3. Immigration Consequences
- 4. Record Seals
- 5. Related Offenses
- 6. Can I be sued for battery?
- Additional Reading
Examples of battery are punching, kicking, slapping, pinching, stabbing, shooting, strangling, pushing, shoving, spitting on, throwing objects at, ripping objects (such as clothes) away, or poisoning.
1. Elements
For you to be convicted of battery under NRS 200.481, prosecutors must prove beyond a reasonable doubt that you deliberately used unlawful physical force on another person.1
You can commit battery without directly touching the victim. For example, throwing a rock at a car is battery if a person is inside the car. Also, spiking a person’s drink is battery as well because it qualifies as unlawful force on the victim’s body.
Injuries and Weapons
As illustrated in the table above, the punishment for battery under NRS 200.481 turns on whether you:
- used a “deadly weapon”; or
- caused the victim to sustain serious “substantial bodily harm”;
Courts consider weapons to be deadly if they are “inherently dangerous,” such as guns and knives. Meanwhile, a screwdriver probably would not be considered a deadly weapon.2
A victim’s injuries qualify as “substantial bodily harm” if they cause prolonged physical pain or a large risk of death or impairment of bodily functions.3 Examples would include gunshot or stab wounds as well as concussions.
2. Defenses
Self-defense is a defense to battery.
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with battery.
In our experience, the following defenses have proven very effective at persuading prosecutors to dismiss the case or else offer a favorable plea bargain.
It Was an Accident
NRS 200.481 is meant to punish people for only intentional acts of physical force or violence. Inadvertent accidents are not crimes, even if they cause an injury.4
You Acted in Self-Defense or Defense of Others
It is perfectly legal in Nevada to defend yourself or others against unlawful physical force as long as you use no more force than reasonably necessary.
For instance if a person throws a rock at another person, the victim could probably lawfully defend himself by throwing a rock back. This is because throwing a rock back is a measured response to the situation.
You are the Victim of False Accusations
It is not uncommon for people to falsely accuse other people of battery out of
- anger,
- revenge, or a
- misunderstanding and honest mistake.
In some cases, self-proclaimed victims will self-inflict their own wounds to embellish their claims.
In these cases, we would investigate the accuser in search of evidence that suggests they are unreliable or have a motive to lie. There are also medical expert witnesses who are skilled at identifying wounds that were self-inflicted.
You Acted Out of Necessity
Perhaps someone became unconscious, and you rendered aid to them (such as CPR). Or perhaps you grabbed someone who was tripping to keep them from hitting the ground.
When you do what any reasonable person would do in the same situation to prevent a greater harm, you are committing no crime.
The “Victim” Consented to the Battery
“Consent” can be a battery defense in rare circumstances. For instance, willing participants in a lawful boxing match commit no crime by punching each other.
The Touching Was Not Unlawful
Perhaps you gently patted someone on the shoulder or back or took their hand while greeting them. Or perhaps you hugged someone as a thank you.
Even if the “victim” then claims they did not want to be touched, it is unlikely any prosecutor would press charges. They would have a hard time convincing a judge or jury that the touching was offensive or unlawful.
3. Immigration Consequences
Battery can be a misdemeanor or a felony.
Non-U.S. citizens convicted of any violent crime are vulnerable to deportation. Felony battery convictions are more likely to trigger removal proceedings than misdemeanor convictions.5
In any event, immigrants charged with a crime should always seek legal counsel.
4. Record Seals
If you are convicted of battery under NRS 200.481, you should be eligible for a record seal after a statutory waiting period.6
| Nevada Battery Conviction | Record Seal Wait Time |
| misdemeanor or gross misdemeanor | 2 years after the case closes |
| category C felony or category B felony | 10 years after the case closes |
If your battery charges get completely dismissed, you are eligible to seal your arrest record right away.7
5. Related Offenses
Assault
Assault (NRS 200.471) is putting another person in immediate apprehension of physical harm. An example is holding a first at someone’s face and threatening to punch.
Like battery, assault can be a misdemeanor or a felony depending on the seriousness of the case.
Battery with Intent to Commit a Crime
Battery with intent to commit a crime (NRS 200.400) is battery for the purpose of carrying out either:
- mayhem (NRS 200.280),
- robbery (NRS 200.380),
- grand larceny (NRS 205.220),
- sexual assault (NRS 200.366), or
- killing a person (NRS 200.300)
Committing battery with the intent to commit either of the above five offenses is always a felony, even if
- no deadly weapon was involved or
- the victim sustained no serious injuries.
Mayhem
Mayhem under NRS 200.280 is a serious kind of battery where you allegedly maim another person. Examples include
- cutting off a limb or
- taking out an eye.
Mayhem is a category B felony, carrying:
- two to ten (2 – 10) years in prison, and
- up to $10,000 in fines (at the judge’s discretion)
6. Can I be sued for battery?
Yes. Battery is a civil tort in addition to a crime. Even if you do not get charged or convicted of battery, the alleged victim always has the option of suing you for compensatory damages to cover their:
- medical bills,
- lost wages from being too injured to work,
- pain and suffering, and
- any other out-of-pocket expenses the alleged battery caused.
The judge can also order you to pay punitive damages, which can be much higher than compensatory damages.
It is actually easier for you to win your criminal battery case than a civil battery case. This is because in criminal cases, the prosecution has to prove your guilt beyond a reasonable doubt; but in a civil lawsuit, the plaintiff only has to prove your liability by a preponderance of the evidence, which is a much lower bar.8
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Aggravated Battery – The Fist or Teeth as a Dangerous Weapon – Louisiana Law Review.
- Territorial Aggression – Expanding California’s Penal Code Regarding Assault and Battery of Code Enforcement Officers – McGeorge Law Review.
- What’s Reasonable: Self-Defense and Mistake in Criminal and Tort Law – Lewis & Clark Law Review.
- Defending Battered Women’s Self-Defense Claims – Oregon Law Review.
- Assault and Battery – Injury Sustained in Prize Fight – Consent as a Bar to Civil Liability – Vanderbilt Law Review.
See our related articles on battery with substantial bodily harm and Mutual Combat Law in Nevada: 3 Things To Know.
Legal References
- 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) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.
(d) “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 prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) 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;
(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
(9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
(10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
(e) “Provider of health care” has the meaning ascribed to it in NRS 200.471.
(f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
(g) “Sporting event” has the meaning ascribed to it in NRS 41.630.
(h) “Sports official” has the meaning ascribed to it in NRS 41.630.
(i) “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.
(j) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(k) “Taxicab driver” means a person who operates a taxicab.
(l) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. 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.
See SB 412 (2023).
- See Rodriguez v. State (Nev. 2017) 407 P.3d 771 (Lexis: Since the Supreme Court of Nevada has consistently defined “deadly weapon” according to both the functional and the inherently dangerous definitions, the district court had discretion to determine which definition of “deadly weapon” was appropriate given the facts of the case.).
- NRS 0.060; Andrason v. Sheriff, Washoe County (Nev. 1972) 503 P.2d 15 (Lexis: Evidence that the victim, a middle-aged female, was kicked in the groin and lost consciousness as the result of the pain therefrom, that the area turned black and blue, was swollen, and a lump developed, that four months after the incident her legs still bothered her after standing any length of time, and that she was treated by two doctors for her injury supported a reasonable inference that the victim sustained a “serious physical injury” within the meaning of this section as it formerly read.).
- McDonald v. Sheriff of Carson City (Nev. 1973) 512 P.2d 774 (Lexis: A battery charge could not withstand a pretrial habeas challenge where the record reflected that the alleged injury was accidentally inflicted.).
- See, for example, Matter of Short, 20 I. & N. Dec. 136 (BIA 1989); United States v. Belless (9th Cir., 2003) 338 F.3d 1063; 18 U.S.C. § 922(g)(9); INA § 101(a)(43)(F), 8 U.S.C. § 1101(a)(43)(F); INA § 237(a)(2)(E)(i), 8 U.S.C. § 1227(a)(2)(E)(i); INA § 101(a)(43)(A), 8 U.S.C. § 1101(a)(43)(A).
- NRS 179.245.
- NRS 179.255.
- See, for example, Torres v. Wynn Las Vegas (District Court, Nev. 2019) Case No.: A-16-746541-C.