In Nevada, the crime of battery involves the intentional infliction of physical force on another person. A battery may entail activities like punching or hitting another individual with an object. On the other hand, assault is an attempt to inflict physical injury on another person. Assault also comprises of any intentional act or threat of action that makes another person experience fear of the impending violence.
Battery occurs when an assault results in harmful or offensive contact with another person. Battery with the intent to commit a crime refers to the non-consensual harmful contact on the victim. It means that the defendant had the intent to engage in other criminal activities. The intent to commit a crime serves as an aggravating factor in battery charges. If you are facing charges for battery with the intent to commit a crime in Las Vegas, the Law Offices of Martin Hart can help you fight the charges.
Aggravating Factors in Battery
Under Nevada law NRS 200.400, you will face enhanced penalties for the offense of battery if you also had an intention to commit additional crimes like theft, homicide, rape, among others. The offense of battery with the intent to commit a crime is a serious offense with severe fines. You may also serve many years in prison. If you seek the help of a criminal defense attorney, the attorney might negotiate for a reduction of your charges to a lesser offense. An attorney may also negotiate for dismissal of your charges, especially if the prosecutor does not have enough evidence against you.
Aggravating factors in Nevada battery charges refer to elements that may enhance your charges or sentencing. Aggravating factors make the crime worse making you face more penalties than you would if the factors were not present. In most cases, assault and Battery in Nevada is a misdemeanor offense. However, the presence of aggravating factors elevates the crime from a misdemeanor to a felony. Some of the aggravating factors include domestic violence battery. This is a battery against your roommate or partner. It is any form of battery against a romantic partner with whom you have had an intimate relationship.
Battery with a deadly weapon is also an aggravating factor in Nevada battery charges. Any tool or instrument that may inflict substantial bodily/physical harm on an individual may qualify as a deadly weapon. In the context of Nevada battery with a deadly weapon, deadly weapons may include knives, guns, and bats, among others. Battery with substantial bodily/physical harm is also an aggravating factor under Nevada law. Significant physical damage may consist of disfiguring another person or causing organ failure.
Harsher Penalties for Battery with the Intent to Commit a Crime
The offense of battery with the intent to commit a crime carries harsher penalties under Nevada law. The law defines battery as the willful or intentional use of violence or force on another person. Some examples of Battery under Nevada law include spitting on, burning, hitting, or poisoning another person. You may be guilty of battery with the intent to commit a crime if you commit battery with an aim to carry out an additional offense:
Mayhem
If you commit battery with the intent to commit mayhem, you will face aggravated penalties. According to Nevada law, the crime of mayhem entails disfiguring another person. The NRS 200.280 defines mayhem as unlawful depriving a human being of a part of his or her body or disfiguring and rendering some of his or her body parts useless. You may be guilty of committing mayhem if you cut off or disable another person's limb. Mayhem may also include gorging out another person's eye or cutting out his or her tongue. If you chop off or bite a portion of another person's nose, ear, or lip, you may be guilty of mayhem under Nevada law.
For you to face mayhem charges under Nevada law, you must have had malice while committing the crime. However, it is essential to note that the court automatically assumes that you had malice in committing this crime. Therefore, you do not need to have had the intent to disfigure or maim another person for you to face charges. If the battery victim's disfigurement is a natural and probable consequence of your actions, the court automatically assumes that you had the intent to commit the crime.
Robbery
You may also face charges for battery with the intent to commit a crime if you commit battery with intent to rob another person of his/her property. Nevada law defines battery and the unlawful taking of another person's property using force, violence, or threats of injury. Some of the offenses that may qualify as robbery in Nevada include mugging a person on the street and grabbing his or her purse or wallet. You may face battery charges if you hold up a cashier at a store and take money from the register. If your threat a person making him or her surrender money or property to you due to fear of impending harm, you may face battery charges.
There are many ways of committing robbery in Nevada, including robbery with a deadly weapon. You may be guilty if you commit battery intending to obtain money or property from a person using deadly weapons like knives or a gun. It is important to note that you may face robbery charges even if you do not inflict harm on the victim using the weapon. The act of merely displaying a deadly weapon while committing robbery qualifies as robbery with a deadly weapon.
Grand Larceny
You may also commit battery with the intent to commit a crime if you intend to commit grand larceny on the victim. According to Nevada law, the alternative name for grand larceny is grand theft. This crime entails obtaining property worth more than $650 or more. If you receive property worth less than $650, you would be guilty of committing petty theft. Theft entails taking property that belongs to another person or entity without the permission of the owner. You may face charges for this crime if you shoplift money or goods from a store. You may also face charges if you use a stolen ATM card to withdraw another person's money without his/her knowledge or permission.
How does the prosecutor determine the value of the property you steal? For the prosecutor to distinguish between grand theft and petty theft, the prosecutor has to consider the value of the property you steal. The prosecutor may consider several factors in determining the value of the property you steal. For instance, he/she may look out for price tags, expert testimony, or consider the current market value of the item.
Rape or Sexual Assault
You might face charges for battery with the intent to commit a crime if you intended to assault or rape the victim of a battery sexually. According to NRS 200.366, rape or sexual assault refers to indulging in sexual activities with a person without consent or a person who is not capable of consenting. The offense of sexual assault is a Category A felony under Nevada law. A conviction for this crime carries severe penalties, including life imprisonment in a state prison in Nevada. You may also have to register as a lifetime sex offender in Nevada. At times, you may not have the privilege of a release of parole. Whether you can get a release on parole after committing rape or sexual assault will depend on various factors. The factors include the age of the victim. The court will also consider whether the victim sustained significant bodily/physical harm. The court will also consider your criminal history.
Murder
You will face charges for battery with the intent to commit a crime if you intend to murder the victim. You may commit either first-degree murder or second-degree murder. You may face first-degree murder charges for any unlawful killing of another person with malice. First –degree murder comprises of a premeditated killing. It also consists of all forms of felony murder. Felony murder refers to killing that occurs when the defendant is carrying out a serious crime like robbery. You may face second-degree murder charges if you engage in unintentional killing.
With proper defense, the court may reduce your murder charges and offer you a plea bargain. You may face manslaughter charges instead of murder charges. The offense of murder is a Category A felony under Nevada law, and the consequences include life imprisonment in a Nevada prison. In the case of first-degree murder, the court may impose a death penalty. This mainly occurs if many aggravating factors outweigh the mitigating factors in the first-degree murder case.
The offense of battery with the intent to commit a crime is intricate because it revolves around the intent of the defendant. The prosecutor considers whether you intended to commit the crime at the time of the battery. The mental state of the defendant is subjective and is, therefore, difficult to prove.
Consequences for Battery with the Intent to Commit a Crime
The offense of battery with the intent to commit robbery, grand theft, or mayhem qualifies as category B felony under Nevada laws. The consequences for the offense include imprisonment of two to ten years in a state prison in Nevada. You may also have to pay hefty fines not exceeding $10,000.
The offense of battery with the intent to kill is also a category B Felony under Nevada laws. The imprisonment period ranges from 2 years to 20 years in a state prison in Nevada. This is a common punishment for the case of attempted murder.
The offense of battery with the intent to the rape or sexually assault another person is a Category S felony under Nevada law. The period of imprisonment will vary depending on the seriousness of the injuries the victim sustains. The imprisonment will also depend on whether you strangled the battery victim. If the battery victim did not suffer great bodily/physical harm, and the battery victim is below sixteen years, the judge may recommend imprisonment of five years or life imprisonment in A state prison in Nevada. If the battery victim is above sixteen years and does not suffer significant bodily injury, the court may recommend imprisonment of two years or life imprisonment in a state prison in Nevada. If the battery victim suffers substantial harm or if you strangled the victim, the court may impose life imprisonment in a state prison in Nevada. The imprisonment may or may not have a likelihood of parole after serving ten years. The court may also recommend additional penalties, including a hefty fine not exceeding $10,000 for an offense of battery with the intent to commit sexual assault.
Legal Defenses for Battery with the Intent to Commit a Crime Charges
The defenses that come in handy in fighting battery charges in Nevada may also help you fight battery with the intent to commit a crime charges. Some of the defense strategies include:
You Were Acting in Self-Defense
You may assert that you were acting in self-defense. You may not face charges for hurting or killing another person in self-defense, according to Nevada laws. You must have reasonably believed that the victim would cause you immediate substantial bodily/physical harm or death. If your attorney shows the court that you were justified in committing battery against the victim, the court may drop your charges.
The Defendant is Insane
In Nevada, insanity is a common, though shallow, defense strategy. Pleading insanity may help to relieve you of the criminal liability for battery with the intent to commit a crime. However, for this defense strategy to be effective, it must be evident that you suffered from a disease or defect of the mind at the time of committing battery with the intent to commit a crime. It must also be apparent that your delusion prevented you from understanding the nature of your conduct. It should be evident that you were not aware that you were engaging in criminal activities. Your attorney has to prove that your delusion justifies you committing the battery with the intent of committing a crime.
You may also fight charges for battery with the intent to commit a crime by citing a lack of adequate evidence. This strategy can only work if the prosecutor has not sufficient evidence against you.
Find a Las Vegas Criminal Defense Attorney Near Me
If you are facing charges for battery with the intent to commit a crime in Nevada, a criminal defense attorney may help you fight the charges. The Law Offices of Martin Hart assists people facing criminal charges for battery with the intent to commit a crime in Las Vegas. Contact us at 702-380-4278, and we will be glad to help you.