Assault and Battery

If you have been arrested for assault or battery, you can fight the charges filed against you with the assistance of a knowledgeable violent crimes attorney. With 25 years of experience, Reno assault and battery lawyer William J. Routsis has an impressive record of success and can be trusted to protect your rights. He understands the importance of investigating the details of each case and crafting a strategy tailored to each person’s needs and goals. Mr. Routsis represents defendants in many areas of Nevada and California who may be facing a broad range of criminal charges.

In Nevada, assault and battery are distinct offenses. Battery is the willful and unlawful use of force or violence upon the person of another. In order to establish battery, the prosecution has the burden to prove beyond a reasonable doubt that the defendant had the mental intent to commit the battery, and that he or she used unlawful force upon the body of another person. It is important to note that although unlawful force or violence is a required element, the alleged victim need not suffer any physical harm as a result of the altercation. Unlawful force is not limited to physical violence. It may include drugging someone or other actions.

Assault is defined as unlawfully attempting to use physical force against another person, or intentionally placing another person in reasonable apprehension of immediate bodily harm. An assault charge requires the prosecution to prove beyond a reasonable doubt that the defendant had the intent to commit the assault, and that the alleged victim was aware of the assault while it was occurring. Significantly, while battery requires physical contact, assault does not. The mere verbal or nonverbal threat of immediate physical force against another person, without any intention to actually injure him or her, may be sufficient to constitute assault. In addition, the victim of an alleged assault must have been aware of the assault as it was occurring, while there is no such requirement for battery.

A potentially successful defense to battery is the defendant’s lack of intent, since battery has not been committed if the defendant accidentally harmed another person without intending to use physical force against him or her. Similarly, if the accused did not intend to create an apprehension of immediate bodily harm, no assault has occurred. If the parties agreed to engage in the use of force or violence, such as in a boxing match or other contact sport, consent may be a valid defense to a charge of assault or battery. Self-defense may be asserted if the defendant used reasonable force under the circumstances and did not provoke the attack.

Penalties for a conviction of assault or battery may include jail time and fines, and the severity will depend on the situation and the parties implicated. For example, the penalties may be more serious if police were involved in the altercation, if a deadly weapon was used, if the accused was on probation or parole, or if other aggravating circumstances were present.

With your future at risk, seeking legal representation is an important decision. Experienced Reno assault and battery attorney William J. Routsis can defend you against serious criminal charges, using his substantial courtroom experience. He has an unyielding commitment to his clients, who come from communities throughout Nevada and California, including Carson City, Winnemuca, Elko, Lake Tahoe, South Lake Tahoe, Susanville, and Quincy. Call us at (775) 337-2609 or contact us online to set up a free consultation with a criminal defense attorney. Mr. Routsis also is available to people who need representation in fighting homicide, domestic violence, DUI, drug, theft, or white collar crime charges, among others.