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Las Vegas Substantial Bodily Harm Defense Attorney

Under Nevada Revised Statutes (NRS) 200.481, battery with substantial bodily harm occurs when an individual intentionally hits or touches another person in a manner that results in serious physical injuries. Substantial bodily harm is defined under NRS 200.060 as bodily injury that creates a substantial risk for death or causes serious, permanent disfigurement or protracted loss or impairment of bodily function. Some examples include fractures, lacerations that require stitches, organ damage, paralysis, severe burns, concussions, and loss of consciousness.

It is important to note that for an act to be considered battery, it must be deliberate. Accidental touching that results in severe injuries is not deemed a criminal offense. The distinction between intentional and accidental acts is crucial when determining liability in battery with substantial bodily harm cases.

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Defenses to Battery with Substantial Bodily Harm Charges

When it comes to criminal charges, one of the most serious offenses in the state of Nevada is battery with substantial bodily harm. This crime occurs when an individual unlawfully inflicts physical force on another person, resulting in severe injuries. A conviction for this offense can lead to significant penalties, including imprisonment. When facing charges, several defenses may be applicable, depending on the circumstances of the case.

The most common defenses include:

  • Proving the touch was an unintentional accident and you meant no harm.
  • Using reasonable force in self-defense. 
  • False accusations due to anger, revenge, misunderstanding, or misidentification. Insufficient evidence to prove the defendant’s guilt can lead to the dismissal of charges.

Penalties for Domestic Violence with Substantial Bodily Harm

The penalties for battery with substantial bodily harm in Nevada vary depending on the specific circumstances of the case. The use of a deadly weapon; the victim's occupation; and the defendant's status as a prisoner, parolee, probationer, or person in lawful custody can all impact the severity of the penalties.

If the battery with substantial bodily harm charge does not involve a deadly weapon, it is classified as a Category C felony. The potential penalties for this offense include 1-5 years in prison and a mandatory fine of $10,000. However, if a deadly weapon is used during the commission of the offense, it is considered a Category B felony. In such cases, the potential penalties increase to 2-15 years in prison and the same mandatory fine of $10,000.

Certain occupations, such as health care providers, school employees, officers, taxi drivers, transit operators, and sports officials, can further elevate the offense to a Category B felony, even without the use of a deadly weapon. The defendant must have known or reasonably should have known about the victim's occupation for this enhancement to apply.

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