Difference Between Assault and Battery? | The Vegas Lawyers
Автор: The Vegas Lawyers
Загружено: 2021-01-18
Просмотров: 433
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Hello, this is Tony Abbatangelo for The Vegas Lawyers. The question that I get the most is What’s the difference between assault and battery? The difference is, A battery is an unlawful touch, assault is putting someone in fear and apprehension.
What if I’m walking through the Night’s game at T-Mobile and someone slams into me, they spill my beer. Is that a battery? No, because I am in a crowded area. There are a lot of people and there is an expectation that people are going to pump into you, and you are going to pump into them. However, if that same person is the only other person around you and they intentionally walk over to you and hit you with their shoulder or knock you over, that is the same as someone coming up to you and pushing you. That is essentially battery. It doesn’t have to result in a substantial injury.
In Nevada you can be charged with a battery and substantial body harm when two people get into an altercation. In Example if you get into a fist fight and you break the other person’s nose, that is going to be a felony, you have just elevated it from being a misdemeanor to a felony.
The first jury trial I ever did was way back in 1990 was on an involuntary manslaughter/manslaughter charge, where two guys got into a fist fight and one guy got punched and fell over and he hit his head on a parking slot and his brain got rattled and he died. Well normally that would be two guys just getting into a fight. But this is why you don’t get into fist fights, because something tragic like this happens and my client was charged with a very serious crime which was a felony.
So, Battery, nonconsensual touching, Assault fear and apprehension. If you are charged with an Assault or a Battery or Felony Assault or Battery, give us a call.
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