Assault and Battery Attorney in Las Vegas

If you or a loved one have been a victim of assault or battery in Las Vegas, Nevada contact our top-rated assault and battery 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, and that we get you the justice you deserve.

The words assault and battery are oftentimes used to describe one another, but there are several key differences. Regardless, both assault and battery rates in Las Vegas are dangerously high.

Both assault and battery can have an emotional and psychological impact on a victim. Without the guidance and assistance of a Nevada assault and battery lawyer, you may not receive the justice you deserve.

Assault and battery fall under both criminal and civil cases. It takes an experienced attorney to know which is which and to help you get compensated. You should not have to go through this alone.

Can Assault and Battery Victims File a Lawsuit in Las Vegas?

In Las Vegas, victims of assault and battery violence can file a lawsuit against the perpetrator for any of their injuries suffered. It is important to hire an experienced Las Vegas lawyer to make sure that your settlement amount or judgment amount covers all your financial needs.

What is the Difference Between Assault and Battery in Nevada?

  • Assault: There needs to be an intent to cause harm to be charged with assault. Assault could also include threats. The threats must happen at the same time as the intent to cause harm.
  • Battery: If an offender physically injures a victim, the charge becomes a battery. The person doesn’t necessarily need to be in pain, contact of any kind constitutes battery. Battery also includes sexual crimes like rape or child molestation.

Both crimes can be a felony or misdemeanors, depending on the nature of the offense. Regardless, an assault and battery lawyer can help you bring the perpetrator to justice. 

Criminal and Civil Battery in Nevada

In addition to criminal charges by the state, you also have the option of filing your own lawsuit. But, 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:

  1. The district attorney will decide the appropriate charges.
  2. The district office will proceed with the case and may offer a plea bargain.
  3. If the district attorney offers no plea bargain, or if the defendant rejects the plea and enters not guilty, the case goes to trial.

Could I Still File a Civil Lawsuit If the Court Doesn’t Criminally Charge The Assault?

Yes, you could file a civil lawsuit in Nevada even if criminal charges are not filed by the Court. You could also file a lawsuit if the defendant is not convicted in criminal court.

In a civil case, the victim files a lawsuit against the person who assaulted them to seek compensation for harm or damages suffered. In a criminal case, a person who is convicted of assault could face jail time. The standard of proof is lower in civil cases than in criminal cases, which means that even if the defendant is not found guilty in criminal court, they could still be found responsible for the assault in the civil case. 

Nevada Assault Charges

Under Nevada Revised Statute 200.471, an assault charge is considered a misdemeanor in Nevada, and penalties stated 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 penalties could be much more. The person charged with assault will have up to a year in jail and/or a penalty of up to $2,000.

What Compensation Could I Receive For 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
  • Medical imaging
  • Hospital stays
  • Prescription medication
  • Home health care
  • Physical therapy
  • Lost wages
  • Property damage
  • Future lost income
  • Emotional distress
  • Anxiety
  • PTSD
  • Pain and suffering

How Do I File A Lawsuit For Assault And Battery In Las Vegas?

Assault and battery are two different legal claims. Our experienced Las Vegas personal injury lawyers offer free no risk consultations to determine what your case may fall under. 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 for my assault claim in Las Vegas?

In order to win a civil 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 such a contact
    • In sexual assault cases, this is oftentimes the factor at issue.
  • 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 recording.

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 the plaintiff
  • The touch is considered harmful or offensive contact
  • The defendant then caused the plaintiff damages

Each element will need strong evidence to back up the claim. Having an experienced attorney will make the process much easier and smoother.

Examples of how an assault attorney in Las Vegas could prove these elements are through witness testimony or through recordings.

Could I receive punitive damages for assault and battery in Las Vegas?

You can receive punitive damages in the event that the other party was malicious. Punitive damages are not always awarded in assault and battery cases, but it depends on the circumstances. To determine if you qualify for any punitive damages, contact us for a complimentary consultation.

Punitive damages are awarded to the victim along with the actual damages. It is meant to punish the wrongdoer for their behavior and to deter others from engaging in similar conduct in the future. 

To receive punitive damages in Las Vegas, you will need to show that the defendant acted with intentional, reckless, or willful misconduct. You will also need to demonstrate that the defendant’s conduct caused you to suffer physical injuries.

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 should I file my assault and battery claim in Las Vegas?

There is a time limit for 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 injury case, contact our attorneys for an initial free consultation.