In Nevada, assault and battery are not just crimes. They are also civil wrongs, also known as intentional torts, and they fall under the remit of personal injury law. Intentional torts are wrongs or harms that are deliberately committed by one person against another. When someone is a victim of an assault or battery, they may file a personal injury claim against the person who committed the assault or battery, who becomes the defendant in the case. The defendant may also face criminal charges.
While the civil and criminal laws for assault and battery are similar, civil laws are different in a few ways. Below, we discuss the Nevada laws for assault and battery and how De Castroverde Personal Injury & Accident Lawyers can help you with your personal injury from an assault or battery case:
Personal Injury Law
Under personal injury law, assault is defined as attempting or intending to cause physical injury or offensive touching to another person or putting another person in fear of imminent harm. Actual physical contact against the other individual is not required. The victim only has to believe that bodily harm is about to occur.
Examples of assault include the following:
- Threatening to hit someone with your fists, a gun, or another object.
- Pointing a loaded gun at someone.
- Holding a knife to a person’s body.
To establish a personal injury assault case, if you’re the victim, you must prove the following by a preponderance of the evidence:
- The defendant took intentional action against you.
- The defendant intended for harm to occur, or they knew that harm was likely to be the result of their action.
- The defendant’s conduct resulted in offensive touching or the reasonable belief that harmful or offensive touching was about to occur.
- You suffered injuries and damages as a result of the assault.
Nevada law defines criminal assault as unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm. There are two types of criminal assault: simple assault and assault with a deadly weapon. Criminal assault is punishable by incarceration of up to six years and fines of up to $5,000.
To establish a criminal assault charge, the prosecution must show that, beyond reasonable doubt, the following apply:
- The suspect attempted to use physical force against the victim or intended to put the victim in reasonable fear of bodily injury.
- The victim was aware that an assault had occurred.
- The victim was put in immediate fear of bodily injury.
Under personal injury law, the battery is defined as the intentional infliction of physical force or offensive contact against another person. Actual physical contact with another person is required. However, that contact can be indirect, such as poisoning someone who later becomes ill. This can be considered a successful assault.
Battery can include the following:
- Punching, kicking, or biting a person.
- Pistol whipping or striking a person with any kind of object, such as a car, bat, or bottle, results in physical damage.
- Stabbing someone.
Proving a civil battery claim requires you to establish the following by a preponderance of the evidence:
- The defendant intentionally touched you or used force against you.
- The defendant’s touching or use of force was harmful or considered offensive to you.
- You did not consent to the defendant’s conduct or touching.
- You suffered harm or damages.
Battery, under the Nevada Revised Statute, means any willful and unlawful use of force or violence against a person. Unlike assault, the victim does not need to be aware of the battery. Battery can also occur against someone who is unconscious.
There are several categories of battery depending on the type or classification of the victim (such as a child or civil employee) and the circumstances of the battery (such as if it involved a deadly weapon or the victim was strangled). Each battery category has its own set of penalties. Criminal battery is punishable by up to 15 years in prison and fines of up to $10,000.
Like assault, to prove that a criminal battery occurred, the prosecution must prove the following beyond a reasonable doubt:
- The suspect intended to use unlawful force against the victim.
- The force that was used made physical contact with the victim.
- The victim did not consent to the physical touch.
Compensation Available for Personal Injury Assault and Battery Claims
Assault and battery victims can recover damages or receive compensation for their financial losses. The amount of compensation that you receive depends on the type of injuries and harm you experienced due to the assault or battery. Generally, you can recover economic and noneconomic damages for the following:
- The cost of any medical treatment you receive as a result of the assault or battery, including physical therapy and mental health treatment.
- Lost wages and loss of future income.
- The cost of any damage to your property.
- Pain and suffering.
In a criminal claim, defendants found guilty may be liable to pay restitution to the victim for their losses, including lost wages and medical treatment.
How De Castroverde Law Group Can Help You With Your Compensation Claim Case
The team at De Castroverde Personal Injury & Accident Lawyers understands that suffering a personal injury is a confusing and worrisome experience. We are knowledgeable about the complexities of personal injury law and well equipped to handle various personal injury cases, from serious injuries to excessive force and police misconduct.
With over 15 years of legal experience, our team has helped hundreds of personal injury victims in Las Vegas get the compensation they deserve. To find out more, contact one of our bilingual and dedicated attorneys online or call 702-780-6457.