In Nevada, you commit “battery with substantial bodily harm” if you inflict unlawful physical force on another person and thereby cause serious injury. This is a felony punishable by 1 to 15 years in prison, depending on whether a deadly weapon was used.
The following graphic illustrates common examples of substantial bodily harm.
In this article, our Las Vegas criminal defense attorneys will discuss:
- 1. What is substantial bodily harm?
- 2. Will I go to prison?
- 3. Can I fight the charges?
- 4. Will it affect my immigration status?
- 5. Is the record sealable?
- 6. Related Offenses
- Additional Reading
1. What is substantial bodily harm?
Under NRS 200.481, battery with substantial bodily harm is defined as intentionally hitting or touching someone in a way that results in severe physical injuries.
Examples of substantial bodily harm include:
- Fractured bones
- Cuts requiring stitches
- Damaged organs
- Paralysis
- Serious burns
- Long-lasting contusions
- Gunshot wounds
- Concussions
- Loss of consciousness
Examples of battery that may cause substantial bodily harm include:
- shooting
- stabbing
- strangling
- poisoning
- punching
- kicking
- throwing heavy or sharp objects at
A battery must be deliberate to be illegal. Accidentally touching is not a crime, even if the accident caused severe injuries.1
2. Will I go to prison?
A conviction for battery causing serious injuries does carry time in Nevada State Prison. The sentencing range depends on the circumstances of the case, as this table illustrates:
|
Battery with Substantial Bodily Harm |
Nevada Penalties |
| You did not use a deadly weapon | Category C felony: 1 to 5 years in prison and up to $10,000 |
| Battery with a deadly weapon | Category B felony: 2 to 15 years in prison and up to $10,000
|
The victim was working as an:
Also, you knew – or reasonably should have known – about the victim’s occupation (If the victim was working as a sports official, the reason for the battery must stem from the victim’s performance at a sporting event.) |
Category B felony If there was a deadly weapon: 2 to 15 years in prison and/or up to $10,000 Otherwise: 2 to 10 years in prison and/or up to $10,000 |
You were either a:
|
Category B felony If there was a deadly weapon: 2 to 15 years in prison Otherwise: 1 to 6 years in prison2 |
3. Can I fight the charge?
Here at Las Vegas Defense Group, we have successfully defended hundreds of clients charged with battery with substantial bodily harm. In our experience, three common defenses that have proven very effective with judges, juries, and prosecutors are the following:
- The incident was an accident. As long as the touching was completely unintentional, then no crime occurred. An example may be swinging open a door not realizing that someone is behind it, and the force of the collision breaks that person’s nose.
- You acted in self-defense. Nevada law allows you to fight back in self-defense as long as your use of force is reasonable and proportional. For instance, if someone pulls a knife on you, you may legally inflict substantial bodily harm to stop the knife attack.
- You were falsely accused. Occasionally people falsely accuse others of battery of out anger, revenge, a misunderstanding, or through misidentification. Sometimes, “victims” even self-inflict their own injuries in an attempt to get someone else in trouble. However, as long as insufficient evidence exists to prove you are guilty, the charge should be dropped.
4. Will it affect my immigration status?
Any violent felony is typically a deportable offense.3 Therefore, non-citizens facing charges for battery with substantial bodily harm should get an attorney to try to get the case
- dismissed or
- reduced to a lesser offense.3
5. Is the record sealable?
A conviction for battery causing severe injuries can be sealed ten years after the case ends. Though if the charge gets dismissed, the record may be sealed right away.4 Learn how to get a Nevada criminal record seal.
6. Related Offenses
Assault with a Deadly Weapon
Assault with a deadly weapon (NRS 200.471(2)(b)) is using a lethal object such as a gun, knife, brick, or pipe to place another person in apprehension of immediate bodily harm. Therefore, no physical touching or injuries are required.
A category B felony, this criminal offense carries one to six years in prison and/or up to $5,000 in fines.
Mayhem
Mayhem (NRS 200.280) is a specific type of battery causing substantial bodily harm where the assailant unlawfully maims, disfigures, or disables another person. A deadly weapon is not required.
A category B felony, mayhem carries two to 10 years in prison and possibly up to $10,000 in fines.
Attempted Murder
Attempted murder is intentionally trying but failing to end another human being’s life. It is typically a category B felony, carrying one two to 20 years in prison; however, the judge can as much as double the sentence if you used a deadly weapon, or if the victim was at least 60 years old.
Note that attempted murder by poisoning (NRS 200.390) is a category A felony. The sentence is either 15 years or life in prison (with the possibility of parole after five years).
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Aggravated Battery – The Fist or Teeth as a Dangerous Weapon – Louisiana Law Review.
- Territorial Aggression – Expanding California’s Penal Code Regarding Assault and Battery of Code Enforcement Officers – McGeorge Law Review.
- What’s Reasonable: Self-Defense and Mistake in Criminal and Tort Law – Lewis & Clark Law Review.
- Defending Battered Women’s Self-Defense Claims – Oregon Law Review.
- Assault and Battery – Injury Sustained in Prize Fight – Consent as a Bar to Civil Liability – Vanderbilt Law Review.
Legal References
- NRS 200.481; NRS 0.060; Hobbs v. State (2011) 127 Nev. 234, 251 P.3d 177.
- NRS 200.481; Allred v. State (2004) 120 Nev. 410, 92 P.3d 1246.
- 8 U.S.C. 1227.
- NRS 179.245; NRS 179.255.
