Tuesday, April 10, 2012

Difference Between Assault and Battery

Sometimes laypeople talk about assault and battery as if they are interchangeable, but under Nevada law they are distinct. Pursuant to NRS 200.471:
"1. As used in this section:
(a) "Assault" means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) "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, or other correctional officer of a city or county jail;
(5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate,
court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this
subparagraph; or
(6) An employee of the State or a political subdivision of the State whose official duties require the
employee to make home visits.
(c) "Provider of health care" means a physician, a perfusionist or a physician assistant licensed pursuant
to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced
practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant
licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist,
a medical laboratory technician, an optometrist, a chiropractor, a chiropractor's assistant, a doctor of
Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a
medication aide - certified, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant
on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a
marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor
intern, a licensed dietitian and an emergency medical technician.
(d) "School employee" means a licensed or unlicensed person employed by a board of trustees of a
school district pursuant to NRS 391.100.
(e) "Sporting event" has the meaning ascribed to it in NRS 41.630.
(f) "Sports official" has the meaning ascribed to it in NRS 41.630.
(g) "Taxicab" has the meaning ascribed to it in NRS 706.8816.
(h) "Taxicab driver" means a person who operates a taxicab.
(i) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass
transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made
with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon,
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, or by a fine of not more than $5,000, or by both fine
and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed
upon an officer, a provider of health care, a school employee, a taxicab driver or a 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, a
provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a
gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to
use a deadly weapon, then 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, or by a fine of not more than
$5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab
driver or a 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 by a probationer, a prisoner who is in lawful
custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should
have known that the victim was an officer, a provider of health care, a school employee, a taxicab
driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130,
unless the assault is made with the use of a deadly weapon or the present ability to use a deadly
weapon, then 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, or by a fine of not more than $5,000, or by
both fine and imprisonment."

Assault is most basically, attempt battery. "Simple" assault is a misdemeanor. There is a long definition of assault because there are number of people in different professions which the statute allows for a greater penalty for committing an assault against, namely law enforcement officers, school employees, and health care providers. There are always greater penalties for the use of a deadly weapon with any criminal act.  Assault, in many ways, is a more illusory crime than battery as no actual physical contact must be made.  There are certain subjective standards which must be proven, and good lawyering can always make a difference. 
If you have been charged with Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

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