520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088
Let us discuss now the difference
between Domestic Battery and Assault.
Domestic battery occurs when there is a
“physical” contact between the offender and the victim. Direct
contact is not necessarily for battery such as throwing of vase with
the intention to harm the other person. Assault is similar to battery
but without physical contact. It is any intentional act that implies
fear of physical harm to another person. Pointing a gun to the other
person is a good example.
Domestic battery and assault have
different penalties. It is an advantage to know their difference.
Here are examples that compares
Domestic Violence Battery and Assault:
Example
|
Battery
|
Assault
|
| Throwing a vase to another person | If it hits the person. | If it misses. |
| Using and pointing a “realistic”toy gun | Can be classified as an assault. | |
| Punching, kicking, slapping, pushing | If there is a direct contact. | If they miss. |
| Intentional spitting | It can be classified as “simple assault”. | |
| Pointing a knife, attempting to stab a person | If the other person was stabbed. It is classified as battery with deadly weapon | Classified as an assault. |
| Cocking of fist and backed-up by statements that you are going to punch the person. | Classified as an assault. |
Penalties
Domestic Battery
- Without the use of deadly weapon with NO substantial bodily harm – Misdemeanor. Punishable by imprisonment of not more than 6 months, or fines of not more than $1,000, or community service in lieu of imprisonment time.
- Without the use of deadly weapon but with substantial bodily harm, or strangulation – Category C Felony. Punishable by imprisonment of not more than 5 years, or fines not exceeding $10,000.
- With use of deadly weapon with NO substantial bodily harm – Category B Felony. Imprisonment of not more than 10 years, or fines of not more than $10,000.
- Committed by a probationer, or with use of deadly weapon but with substantial bodily harm – Category B Felony. Punishable by imprisonment between 2 to 15 years, or fines of $10,000.
- With the intent to kill – Category B Felony. Imprisonment between 2 to 20 years.
- With the intent to commit sexual assault and with substantial bodily harm – Category A Felony. Life imprisonment with possibility of parole after 10 years ( Depending on the judge's decision), plus fines of $10,000.
- With the intent to commit sexual assault on children 15 years and below with NO substantial bodily harm – Category A Felony. Punishable by imprisonment of 5 years up to life imprisonment with the possibility of parole, and fines of $10,000.
Domestic Assault
- Without the use of deadly weapon – Misdemeanor. Imprisonment of not more than 6 months, or a $1,000 fine, or community service in lieu of jail time.
- With the use of deadly weapon – Category B Felony. Punishable of imprisonment between 1 to 6 years, plus/or fines of $5,000.
If you are charged with domestic
battery or assault, it is better to contact a Las Vegas domestic violence lawyer for legal consultations.
Attorney Ross C. Goodman is here to help you. He has decades of
experience defending domestic violence cases. He can reduce or
dismiss the charges against you. Contact Attorney Ross Goodman at
(702) 383 – 5088 for a free consultation.