Assault and Battery Attorneys in Las Vegas
Nevada is one of the several states that have differences between assault and battery, and have different penalties for each crime. If you or a loved one have been a victim of assault and / or battery in Las Vegas, Nevada contact our top rated personal injury attorneys today to see how you can receive compensation for your injuries. No person should be a victim to such crimes, and our attorneys work to make sure that your rights are represented.
An assault can have emotional and psychological impacts on the victims. Without the guidance of a Nevada assault and battery lawyer, you may not receive the justice you deserve.
In particular, an assault and battery attorney in Las Vegas is crucial, as he or she can guide you through the Las Vegas court system.
They will also help you distinguish between criminal and civil matters. The team at Heidari Law Group understands your plight and will help you obtain justice. Going through this alone shouldn’t be an option, and we will guide you from beginning to end.
What is the Difference Between Assault and Battery in Nevada?
- Assault Cases: The intention to cause harm qualifies as an assault charge. Additionally, assault entails threats that make a person feel less safe. However, the threat must coincide with action, such as raising a fist or holding an object.
- Battery Cases: If an offender injures a victim, the charge becomes battery. Contact of any kind constitutes battery. Battery also includes sexual crimes like rape or child molestation.
Both crimes can be a felony or misdemeanor, depending on the nature of the offense. Regardless, an assault and battery lawyer can help you bring the perpetrator to justice. Moreover, you may qualify for financial compensation.
Criminal and Civil Cases in Nevada
In addition to criminal charges, suing for assault is an option. In some cases, a criminal offense may not be a civil offense. A criminal court will decide if the offense constitutes a crime.
The criminal process involves three key steps:
- The district attorney will decide the appropriate charges.
- The district office will proceed with the case and may offer a plea bargain.
- If the district attorney offers no plea bargain, or if the defendant rejects the plea and enters not guilty, the case goes to trial.
What Is The Sentence For Battery And Assault?
The outcomes in criminal cases may involve prison or jail time. The courts may also order the defendant to attend counseling or perform community services.
The victim can have a say in the outcome of the trial, but criminal cases depend on the discretion of the district attorney. However, you can take charge in a civil case. In a civil trial, you can decide how to manage the case.
The outcomes of civil and criminal cases are also different. You’ll receive a monetary award if you win your civil case. The civil court will order defendants to pay financial restitution for the damages.
Nevada Assault Charges
An assault charge is considered a misdemeanor in Nevada, and penalties stated under Nevada Revised Statute 200.471 punish assault by up to six months in jail and / or up to a $1,000 fine. If the victim was a police officer, then the person charged with assault will have up to a year in jail and / or a penalty of up to $2,000.
You may also receive other monetary awards (i.e. pain and suffering). Criminal courts may also order the defendant to compensate you financially. However, arguments for pain and suffering and other damages take place in civil court alone.
Civil cases are easier to prove because winning your case depends on the evidence you provide. Criminal cases, on the other hand, compel prosecutors to prove cases beyond a reasonable doubt. An assault lawyer can help you organize a civil case and provide the necessary evidence.
Can Assault And Battery Victims Las Vegas File A Lawsuit?
In Las Vegas, victims of assault and battery violence can sue the sealant for any of their injuries suffered. It is important to hire an experienced Las Vegas personal injury attorney in order to make sure that your settlement amount or judgment amount covers all your financial needs.
What Compensation Could I Receive From An Assault And Battery Claim In Las Vegas?
Depending on the circumstances of the assault and battery, a plaintiff who’s filing a lawsuit against their assailant could seek compensation for:
- Medical bills
- Hospital stays
- Prescription medication
- physical rehab
- Home Health Care
- Physical therapy
- Lost wages
- Future lost income
- Emotional distress
- Pain and suffering
How Do I File A Lawsuit For Assault And Battery In Las Vegas?
Assault and battery are two different legal claims you could file against an assailant. Our experienced Las Vegas personal injury attorneys offer free no risk consultations. During this consultation, we will determine whether you have been a victim of assault or battery. If the assailant scared you, you could file an assault claim. Whereas if your assailant physically touched you, you could file a battery claim against them.
What do I need to prove when filing an assault claim in Las Vegas?
In order to win an assault claim in Las Vegas, Nevada, the plaintiff (victim) would need to prove:
- The defendant intentionally placed the plaintiff in imminent apprehension of harmful or offensive contact
- The plaintiff did not give consent to the contact
- The plaintiff was in imminent apprehension of fear
Assault is considered to be an attempted battery. An experienced assault attorney in Las Vegas will have to prove these elements. These elements could be proven by witness testimony, or any type of video recordings.
What do I need to prove when filing a battery claim in Las Vegas?
When filing a battery claim against the sealant in Las Vegas, Nevada, the plaintiff (victim) would have to prove:
- The defendant intentionally touched plaintiff
- The touch was harmful or offensive contact
- The defendant then cause plaintiff damages
Examples of how an assault attorney in Las Vegas could prove these elements are through witness testimony or through recordings.
What happens if a settlement is never reached?
If both parties cannot agree on a settlement amount, then they will most likely have to go to trial. Our litigation attorneys are not afraid of going to trial. Usually, many parties avoid going to trial since it could be very costly, and it could be very risky to place the entire judgment in the jury’s hands.
Could I receive punitive damages for assault and battery in Las Vegas?
Punitive damages are awarded very rarely in Las Vegas courts. If the plaintiff does end up winning in trial, the plaintiff could seek punitive damages. Punitive damages are exemplary damages that try to make an example out of the defendant’s harmful conduct. This occurs when the defendant has engaged in extreme malicious behavior. In Nevada, punitive damages are limited at $300,000 if the compensatory damages are less than $100,000 or three times the compensatory damages if the Compensatory damages amount is $100,000 or more.
When do I have to file an assault and battery claim in Las Vegas?
There is a time limitation imposed on any claim filed in Nevada. Each state has a different statute of limitations time period. In Las Vegas, victims have two years after the incident to file a personal injury lawsuit. To determine what type of statute of limitations laws apply to your case, contact our attorneys for an initial free consultation.
What is false imprisonment?
Oftentimes, victims of assault and battery in Nevada could also file a legal claim for false imprisonment. In order to file a successful claim of false imprisonment, the experienced personal injury attorney must have to prove:
- The defendant intended to bind the plaintiff within a confined area
- Plaintiff had no reasonable means of escape
- The confinement was against the plaintiff’s will
Could I file a police report for my assault and battery injuries in Las Vegas?
If you have been a victim of assault and / or battery in Las Vegas, Nevada law allows you to file a police report against the assailants. This falls under Nevada Revised statute 200.471 and Nevada Revised Statute 200.481.
For assistance filing a police report, contact our top rated battery and assault Las Vegas attorneys today. Usually, police reports can be filed in person or through the phone. Once a police report is filed, the police department will investigate and look into the claim to determine what possible charges they can bring against the assailant. This however is handled through the criminal courts. In order to file a civil lawsuit against the at fault party to receive compensation for your injuries, contact our experienced Las Vegas attorneys today.
Find an Experienced Assault and Battery Attorney in Las Vegas
An assault and battery attorney in Las Vegas can help you with the civil and criminal process. Our team can guide you through an assault and battery civil lawsuit. If you or someone you know has been through an assault and battery case, contact us today to get a free consultation.
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