Sometimes due to rage, people are carried away and borders their abuse to almost killing a person. In Nevada, your assault and battery charges can escalate to an assault and battery with intent to kill if there are clear pieces of evidence that show your desire to end the person’s life such as severely physically harming them or just going for other actions of homicide with malice. Know that it does not matter if the victim suffered substantial bodily harm during the process, if it is evident that you made steps to commit the crime, you would be penalized.
Definition of assault and battery with intent to kill
Assault and battery with intent to kill is the willful purpose of a person to commit a crime. For this one, it is to kill someone through violent means. Most of the time it is rooted in domestic violence which is prevalent in Las Vegas.
This specific crime is different from attempted murder or other types or murder. Assault and battery with intent to kill is the act of battery within the moment and most of the time, it is unplanned while attempted murder includes deliberate planning before it is carried out.
It also is different from assault and battery with substantial bodily harm which can be puzzling as anyone would deduce that any infliction of pain could lead to death. The difference here again is that the aim to end the life of the victim is undeniable while assault and battery with substantial harm could have abusive acts that the victim could survive from.
For example, the offender punches and drags the victim towards a cliff where they will inevitably fall. It is obvious here that the suspect intends for the person to not live the fall whereas an assault and battery with substantial bodily harm can have acts where there is a chance for the victim to survive such as a hit to the head or a fall down the stairs. Again, it is a very puzzling thing to discuss due to its complexity and you might want the assistance of a Las Vegas criminal defense attorney to know better of your case.
Penalties of assault and battery with intent to kill
According to 200.400 of the Nevada Revised Statutes (NRS), anyone who is found liable of assault and battery with the intent to kill shall be punished with the consequences contained in a category B felony such as:
- Two to 20 years of prison time
- Possible fines of at least $10,000
Defenses against assault and battery with intent to kill
Similar to other assault cases, you could use the defense that there is no assault and battery that was done at all. You could raise arguments that the victim does not have enough evidence to prove the crime and that there is no physical evidence to place you on the encounters. If there is, however, strong proof of you assaulting or beating the plaintiff, what you can do is question the authenticity of the evidence and that you do not have the aim to commit a crime. That it was purely incidental or you are under some mental problems hence of you not completely aware of what you are doing.
Related to this, you could also try to lessen your assault and battery with intent to kill charges by admitting to the court that you indeed committed battery and only battery.
Beating a person could lead to their death and sometimes it is not what the perpetrator had intended. If you are facing this dilemma, you need the help of a Las Vegas criminal defense attorney immediately especially if you are guiltless of the crime.