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How does assault differ from battery in Nevada?

People in Nevada will sometimes get into arguments with others. These arguments can be domestic in nature or they can be between two strangers. These arguments can often be resolved peacefully, but sometimes the situation becomes very heated and one of the parties involved will be accused of committing assault or battery. There are significant distinctions between these two crimes; they are not the same thing. Nevada statutes define these two crimes and address the penalties a person will face if convicted of assault or battery.

Under Nevada law, assault takes place in two circumstances. One is if a person unlawfully tries to use physical force against a second person. The other is if a person intentionally puts a second person in reasonable fear that they will suffer immediate physical injury. Therefore, a person can commit the crime of assault even if they never even lay a finger on the other person.

Battery, under Nevada law, is different from assault. Under Nevada law, battery takes place when one person purposely and unlawfully uses force against or commits a violent act upon a second person. Therefore, if a person unlawfully physically injures a person, this could constitute the crime of battery.

It is entirely possible that a person can commit both assault and battery based on the same facts of a case. In either case, a person faces stiff penalties, including the possibility of prison time and fines, if they commit one or both of these crimes. These penalties are heightened depending on whether a deadly weapon is used and whether the crime was committed against certain categories of persons, such as police officers.

When it comes to assault, battery or any other crime, it is up to the prosecution to prove the accused committed each element of the crime beyond a reasonable doubt to secure a conviction. For example, what constitutes "reasonable fear" for the purpose of assault charges is highly dependent on the facts of a person's case. Those who are accused of assault or battery will want to make sure they develop a solid argument in their favor to counter the charges they face.

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