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What's the Difference Between Assault and Battery

Jun 14, 2014

What Is the Difference Between Assault and Battery? 

Most people don’t understand how assault and battery are defined, nor the differences between the charges. The two crimes fall under different sections of the Nevada Revised Code. Assault is dealt with under NRS 200.471, while battery falls under NRS 200.481.Assault refers to an attempt to use violent physical force against someone else. For example, someone raising a fist to strike another individual would be charged as assault. In fact, someone in Nevada could be charged with assault just by causing another person to fear immediate bodily harm.

Battery applies when physical force is actually used against another individual. For instance, battery involves not just raising a hand to strike someone, but actually hitting them. 

Assault and battery may be charged as misdemeanors or felonies. A number of factors go into the decision of how these crimes will be charged. When battery is committed, but no permanent injuries result and a deadly weapon was not used, the charge may be misdemeanor battery. However, use of a deadly weapon or the presence of significant physical harm may mean felony charges and stiffer penalties.

If you have been charged with assault, battery or both, contact a Las Vegas criminal defense attorney to discover whether or not your charges may be reduced. 

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