NRS § 200.481 – Nevada “Battery” Laws, Penalties & Defenses

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 $1000.00.

Common examples of battery are punching and kicking but can also include:

• throwing objects at,
• punching,
• slapping,
• kicking,
• spitting at,
• poisoning, and
• strangling a person.

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
The defendant did not use a deadly weapon	If the victim sustained substantial bodily harm or was strangled, battery is a category C felony: 1 – 5 years in prison, and up to $10,000 (at the judge’s discretion) Otherwise, battery is a misdemeanor: up to 6 months in jail, and/or up to $1,000
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: officer, health care provider, school employee, taxi driver, transit operator, or sports official And the defendant 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: 2 – 15 years in prison, and/or up to $10,000 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: 2 – 10 years in prison, and/or up to $10,000 If there was no deadly weapon but the victim did sustain substantial bodily harm or was strangled, battery is a category B felony: 2 – 10 years in prison, and/or up to $10,000 Otherwise, battery is a gross misdemeanor: up to 364 days in jail, and/or up to $2,000
If the defendant was a: prisoner, probationer, parolee, or person in lawful custody	Category B felony: If the defendant did not use a deadly weapon, the prison term is 1 – 6 years. If the defendant did use a deadly weapon, the minimum prison term is 2 years. If the defendant 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.

It may be possible to negotiate down or dismiss a battery charge by way of a plea bargain. Possible defenses to NRS 200.481 allegations include:

• the incident was an accident;
• the defendant’s actions were legal self-defense; or
• the defendant was falsely accused

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. What is the Nevada battery statute?
• 2. What are the penalties under NRS 200.481?
• 3. What are the best defenses?
• 4. What are the immigration consequences?
• 5. When can the record be sealed?
• 6. Related offenses

1. What is the Nevada battery statute?

NRS 200.481 is the Nevada battery statute that defines the crime as deliberately using unlawful physical force on another person.¹ Examples include:

• punching, slapping, or pinching
• kicking, pushing, or shoving
• stabbing, strangling, or shooting
• spitting on, throwing objects at, or ripping objects (such as clothes) away

Note that a person can commit battery without directly touching the victim. For example, throwing a rock at a car could be considered battery if a person is inside the car. And spiking a person’s drink is battery as well because it qualifies as unlawful force on the victim’s body.

Also note that intention is a key element of the Nevada crime of battery. As discussed below in section 3, accidental or inadvertent physical touching does not count as battery.

2. What are the penalties under NRS 200.481?

The punishment for battery under NRS 200.481 turns on the circumstances of the case. Two key factors are whether the defendant:

1. used a “deadly weapon”; or
2. 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. But a screwdriver for example 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. See our article on battery with substantial bodily harm.

Note that defendants face prosecution for battery with intent to commit a crime (NRS 200.400) if they committed battery for the purpose of carrying out either the:

1. mayhem (NRS 200.280),
2. robbery (NRS 200.380),
3. grand larceny (NRS 205.220),
4. sexual assault (NRS 200.366), or
5. 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.

2.1. Battery without a deadly weapon

Simple battery is battery that does not involve strangulation or cause serious injuries. Simple battery is generally a misdemeanor under NRS 200.481. The sentence is:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

Meanwhile, battery that does involve strangulation or cause substantial bodily harm is a category C felony, carrying:

• one to five (1 – 5) years in prison, and
• up to $10,000 in fines (at the judge’s discretion)

Finally, battery is always a category B felony if the defendant is an

• inmate,
• probationer or
• parolee.

The punishment carries one to six (1 – 6) years in prison.

2.1.1. The victim is a member of a protected class

A victim is considered a member of a “protected class” if he/she was on duty at the time of the battery as either a(n):

• officer (such as a law enforcement officer),
• health care provider (such as a doctor),
• school employee (such as a teacher),
• taxi driver (the law is unclear whether this includes ride-sharing drivers),
• transit operators (such as public bus or monorail drivers), or
• sports officials (such as umpires)

If the victim was a member of a “protected class,” battery with

no strangulation or serious injuries becomes a gross misdemeanor, carrying:

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

Meanwhile, battery that does involve strangulation or serious bodily harm becomes a category B felony, carrying:

• two to ten (2 – 10) years in prison, and/or
• up to $10,000 in fines

Also, battery that does not involve strangulation or serious bodily harm but involves a deadly weapon is a category B felony, carrying:

• two to ten (2 – 10) years in prison, and/or
• up to $10,000 in fines

Finally, battery that involves a deadly weapon and either substantial bodily harm or strangulation is a category B felony, carrying:

• two to fifteen (2 – 15) years in prison, and/or
• up to $10,000 in fines

Note that victims are considered members of a protected class only if the defendant 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.

Also see our related article on battery on a peace officer.

2.2 Battery with a deadly weapon

Battery with a deadly weapon under NRS 200.481 is always a category B felony carrying

• at least two (2) years in prison and
• possibly a $10,000 fine.

(However, judges do not impose this fine on defendants who were in custody, on parole or on probation at the time of the alleged battery.)

If there was no strangulation or substantial bodily harm, the maximum prison term is ten (10) years. If the defendant did use strangulation or cause substantial bodily harm, the maximum prison term is fifteen (15) years.⁴

3. What are the best defenses?

Each case has unique facts that dictate the most successful defense strategies. Three common defenses to NRS 200.481 allegations include:

1. Accident
2. Self-defense
3. False accusations

Note that “consent” can be a battery defense in some circumstances. For instances, willing participants in a lawful boxing match commit no crime by punching each other.

3.1. 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.⁵

Example: Jim is at a pool party at night. Jim jumps off the diving board and falls on Sam, who was swimming underwater by the diving board. This causes Sam to sustain a painful bruise. Angry, Sam calls the police and claims Jim battered him by jumping on him. But Jim should not get arrested because when jumped off the diving board, Jim had no idea Sam would be underneath him in the water.

In the above example, Sam might be able to sue Jim in civil court for negligence. But Jim should not face criminal charges since he had no intention of inflicting unlawful physical force on Sam.

3.2. Self-defense

It is perfectly legal in Nevada to defend oneself or others against unlawful physical force as long as the defendant uses 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.

But if a person throws a rock and the victim shoots the rock thrower, the victim probably would not be able to claim self-defense. This is because shooting is a gun is not proportional force to merely throwing a rock.

3.3. False accusations

It is not uncommon for people to falsely accuse other people of battery out of

• anger,
• revenge, or a
• misunderstanding.

In some cases, self-proclaimed victims will self-inflict their own wounds to embellish their claims.

In these cases, defense attorneys would investigate the accuser in search of evidence that suggests he/she

• is unreliable or
• has a motive to lie.

There are also medical expert witnesses who are skilled at identifying wounds that were self-inflicted.

As long as the prosecutor fails to show guilt beyond a reasonable doubt, the criminal case should be dropped.

4. What are the immigration consequences?

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, but legal status in the U.S. is never a sure thing.⁶

Therefore, immigrants charged with a crime should always seek legal counsel to try to ensure that they can stay in the U.S.

5. When can the record be sealed?

People convicted of battery under NRS 200.481 should be eligible for a record seal after a predetermined wait time. The length of this waiting period depends what category of crime the defendant was convicted of:

Nevada battery conviction	Record seal wait time
Misdemeanor	2 years after the case closes
Gross misdemeanor	2 years after the case closes
Category C felony	10 years after the case closes
Category B felony	10 years after the case closes

Ordinarily for record seals,

• misdemeanors carry only a one-year wait time, and
• felonies carry only a five-year wait time.

But since battery is considered a “crime of violence,” Nevada law doubles the waiting period.⁷

Note that defendants whose battery charges get completely dismissed are eligible to seal their arrest record right away.⁸ Learn more about how to seal criminal records.

6. Related offenses

6.1. 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.

6.2. Mayhem

Mayhem under NRS 200.280 is a serious kind of battery where the defendant allegedly maims 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)

6.3. Hazing

Hazing (NRS 200.605) is imposing physical brutality on an initiating or current member of either a high school or college club. Sports teams and Greek organizations such as fraternities and sororities are notorious for hazing rituals that involve alcohol.

If the hazing causes no substantial bodily harm, it is a misdemeanor. The sentence is:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

Otherwise, hazing is a gross misdemeanor. The sentence is:

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

Call a Nevada criminal defense attorney…

Arrested for battery in Nevada? Call our Las Vegas assault and battery lawyers for legal advice. We can usually negotiate a charge reduction or dismissal without the need for a trial.

Arrested in California? See our article on Penal Code 242 PC.

Arrested in Colorado? See our article on Colorado assault laws.

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Legal References