“Assault charges have increased 17% in Clark County since 2020.” – Las Vegas Metro Police Department, Crime Briefing 2023
Let that sink in for a second.
I’m Michael Gowdey, and I’ve been defending assault and battery cases in Las Vegas courtrooms for more than 25 years. I’ve worked with people from every background—tourists caught in a bar fight, spouses wrongly accused during heated arguments, and everyday folks who acted in self-defense.
Here’s the truth: one quick, emotional moment can lead to life-changing criminal charges.
But here’s the good news—assault and battery charges are often misunderstood. And they can be fought. Nevada law offers clear definitions, and just as importantly, clear defenses.
In this guide, you’ll learn:
- The legal difference between assault and battery in Nevada
- What prosecutors must prove
- What penalties you might face
- And how to build a strong defense
Let’s get to it—because protecting your record and your freedom starts with understanding the law.
What Is Assault Under Nevada Law?
Assault is not the same as battery. Under Nevada Revised Statutes (NRS) 200.471, assault means “unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.”
This means you don’t even have to make physical contact to be charged. Raising your fists, throwing a punch and missing, or threatening violence can be enough if the other person believes they’re about to be hurt.
Types of Assault Charges:
- Simple Assault: Up to 6 months in jail and/or $1,000 fine.
- Assault with a Deadly Weapon (ADW): Category B felony. 1–6 years in prison.
- Assault on a Protected Person (e.g., police, healthcare worker, teacher): Felony, even if minor.
What Is Battery Under Nevada Law?
Battery is defined under NRS 200.481 as “any willful and unlawful use of force or violence upon the person of another.”
Unlike assault, battery requires physical contact. Pushing, punching, slapping, or striking with an object all count as battery—even if no injuries result.
Types of Battery Charges:
- Simple Battery: Up to 6 months in jail and/or $1,000 fine.
- Battery Causing Substantial Bodily Harm: Category C felony. 1–5 years in prison.
- Battery with a Deadly Weapon: Category B felony. 2–15 years in prison.
- Battery Domestic Violence (BDV): Special class of misdemeanor or felony depending on prior history and injury severity.
Assault and Battery Penalties in Las Vegas
The penalties for assault and battery in Las Vegas depend on several factors:
- Was a weapon involved?
- Did the victim suffer injuries?
- Was the victim a “protected person”?
- Do you have a criminal history?
Misdemeanor vs. Felony Impact:
- Misdemeanors can result in jail, fines, and probation.
- Felonies carry prison time, loss of rights (like gun ownership), and lasting criminal records.
Common Situations That Lead to Charges
From my experience, most assault and battery charges come from:
- Bar fights after alcohol consumption
- Domestic disputes between partners or family members
- Road rage and parking lot altercations
- Disputes with neighbors or co-workers
- False accusations in emotionally charged situations
In many cases, people are charged without fully understanding the law—or when they were acting in self-defense.
Possible Legal Defenses for Assault and Battery
Just because you were charged doesn’t mean you’ll be convicted. Here are common defenses that I use in court:
1. Self-Defense or Defense of Others
You have the right to protect yourself or someone else from imminent harm—as long as the force used was reasonable.
2. Lack of Intent
Assault and battery require willful actions. If it was accidental or unintentional, charges may not hold.
3. False Allegations
Sadly, it’s common for someone to falsely accuse another person out of spite, jealousy, or in the heat of emotion. Witness credibility matters.
4. Mutual Combat
If both parties willingly participated in a fight, that context can be used to reduce charges or penalties.
5. Insufficient Evidence
Surveillance footage, inconsistent witness statements, or lack of physical injuries can lead to charges being reduced—or dropped.
What Happens After You’re Arrested for Assault or Battery?
Here’s a general timeline in Clark County:
- Arrest & Booking: You’re taken into custody, fingerprinted, and held in jail or released on bail.
- Arraignment: You appear before a judge, enter a plea (not guilty, guilty, or no contest), and bail conditions are reviewed.
- Pre-Trial Conferences: Your attorney negotiates with the prosecution. Many cases are resolved here with dismissals or plea deals.
- Trial: If the case goes to court, both sides present evidence. Your attorney defends you before a judge or jury.
Long-Term Consequences of a Conviction
A conviction for assault or battery can follow you for life:
- It shows up on background checks.
- Employers may pass you over.
- You can lose your gun rights.
- Immigrants may face deportation.
- You may be denied housing or education opportunities.
That’s why hiring an experienced defense attorney matters. It’s not just about this case—it’s about your future.
Why Choose The Law Offices of Michael I. Gowdey?
You’re not just hiring a lawyer—you’re hiring a legal strategist, a fighter, and someone who knows Las Vegas courts inside and out.
I’ve defended hundreds of assault and battery cases. My clients include:
- First-time offenders
- Casino workers
- Out-of-state tourists
- Military and law enforcement
We offer:
- Aggressive defense and investigation
- Transparent communication
- A plan to seal or expunge your record after resolution
Take Action Now
Facing an assault or battery charge can be overwhelming—but it’s not the end of the road.
Whether you’re innocent, acted in self-defense, or just made a mistake, you deserve a fair shot and a strong defense.
Call The Law Offices of Michael I. Gowdey now for a free consultation. Let’s protect your name, your record, and your future—starting today.