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Does a battery chrge in Nv. carry jail time? I never hit or hurt anyone.

Henderson, NV |
Filed under: Domestic violence

I was arrested outside of my house on a battery charge for argueing with neighbors. It's a bogus charge and I will be pleading not guilty. I never touched anyone. ItNs all about money and classes and fines etc... What will it take to be dismissed?

Attorney Answers 2


  1. You need to see a Nevada Attorney about the specifics of their battery statute. In Illinois the battery statute is so easy to prove all you would need to do is while pointing a finger during the argument you mention, touch the tip or your finger to the other person without inflicting any actual harm. Even if during the argument you were close enough to the "victim" that some spit from your mouth landed on them without the actual act of specifically spitting you could be charged and even found guilty.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.


  2. Battery is a criminal offence involving unlawful physical contact, distinct from assault which is the apprehension, not fear, of such contact.
    Battery was defined at common law as "any unlawful touching of the person of another by the aggressor himself, or by a substance put in motion by him. In most cases, battery is now governed by statute, and its severity is determined by the law of the specific jurisdiction Penalties for Battery:

    A Nevada battery crime committed without a deadly weapon and with no substantial bodily harm is a misdemeanor. The judge may impose six months of jail and/or a $1,000 fine. OR, the judge may impose community service instead of jail time.
    A Nevada battery crime committed without a deadly weapon but with substantial bodily harm to the alleged victim is a category C felony. The judge may impose one to five years imprisonment and maybe a $10,000 fine.
    A Nevada battery crime committed against a protected class and with substantial bodily harm to the alleged victim is a category B felony. The judge may impose imprisonment for two to ten years and/or a $10,000 fine.
    A Nevada battery crime committed against a protected class and with no substantial bodily harm to the alleged victim is a gross misdemeanor. The judge may impose imprisonment for one year and/or a $2,000 fine.
    A Nevada battery crime committed with a deadly weapon but with no substantial bodily harm to the alleged victim is a category B felony. The judge may impose two to ten years imprisonment and maybe a $10,000 fine.
    A Nevada battery crime committed with a deadly weapon and with substantial bodily harm to the alleged victim is a category B felony. The judge may impose two to fifteen years imprisonment and maybe a $10,000 fine.
    A Nevada battery crime committed by a probationer, inmate or parolee, without a deadly weapon, is a category B felony. The judge may impose one to six years imprisonment.
    A Nevada battery crime committed by a probationer, inmate or parolee, with a deadly weapon, and without substantial bodily harm to the alleged victim, is a category B felony. The judge may impose two to ten years imprisonment.
    A Nevada battery crime committed by a probationer, inmate or parolee, with a deadly weapon, and with substantial bodily harm to the alleged victim, is a category B felony. The judge may impose two to fifteen years imprisonment.
    A Nevada battery crime committed with the intent to commit mayhem, robbery or grand larceny is a category B felony. A judge may impose imprisonment of two to ten years and maybe a $10,000 fine.
    A Nevada battery crime committed with the intent to kill is a category B felony. A judge may impose imprisonment of two to twenty years.
    A Nevada battery crime committed with the intent to commit sexual assault and with substantial bodily harm to the alleged victim is a category A felony. The judge may impose life imprisonment, with or without the possibility of parole after 10 years, and maybe a $10,000 fine.
    A Nevada battery crime committed with the intent to commit sexual assault on a child sixteen or older but without substantial bodily harm to the alleged victim is a category A felony. The judge may impose imprisonment of two years to life with the possibility of parole, and maybe a $10,000 fine.
    A Nevada battery crime committed with the intent to commit sexual assault on a child fifteen or younger but without substantial bodily harm to the alleged victim is a category A felony. The judge may impose imprisonment of five years to life with the possibility of parole, and maybe a $10,000 fine. (NRS 200.400)
    (Under some circumstances, a person who interfe

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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