While assault is a crime in Reno, Nevada, it is also a tort that creates financial liability to the victim. Victims can pursue compensation for their medical expenses and other damages stemming from the assault.
Battle Born Injury Lawyers is here to help assault victims seek the justice they deserve. Our Reno assault injury lawyers can explain your legal rights and options during a free case review. Contact us online or give us a call at (775) 535-7768 for a free case review.
How Our Reno Assault Injury Lawyers Can Help With Your Case
If you are injured and considering pursuing financial compensation for the harm you’ve suffered in Reno, NV, consider hiring Battle Born Injury Lawyers. Our Reno personal injury attorneys are particularly equipped to handle your case because we:
- Have over 85 years of combined legal experience we can use to our advantage
- Consistently secure favorable outcomes for our clients, totaling more than $100 million in compensation
- Have lawyers who worked formerly as former insurance defense attorneys, giving us insight into how such companies may try to undervalue claims and the legal arguments that can prevail
- Have been recognized for our exceptional client service, including by receiving the Avvo Clients’ Choice Award and having a perfect 10.0 rating on Avvo.
We also work on a contingency fee, so you pay nothing unless we win. Contact us today to get started with your claim
What Is Considered Assault in Nevada?
Assault is criminalized in Nevada Revised Statutes 200.471. It is defined as ”unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.”
How Is Assault Different From Battery?
Battery is a similar defense and is criminalized in Nevada Revised Statutes 200.481. This offense involves “any willful and unlawful use of force or violence upon the person of another.” The main distinction between assault and battery is that assault does not require any physical contact between the victim and perpetrator, while battery does.
What Are the Penalties for Assault and Battery?
The potential criminal penalties for assault and battery depend on many factors. Assault and battery can be charged as misdemeanor or felony crimes, depending on the circumstances. A misdemeanor is punishable by up to six months in jail and up to $1,000 in fines. The defendant may also be ordered to complete rehab, perform community service, and be subject to a no-contact order. Misdemeanor battery can result in the same consequences.
Battery can be charged as a Category C felony with a maximum term of imprisonment of five years and a fine up to $10,000, or a Category B felony, which carries between 2 and 10 years imprisonment and a fine up to $10,000.
Harsher penalties can result in assault or battery cases when:
- The victim is part of a protected class, such as a police officer, health care provider, or school employee
- The defendant used a deadly weapon during the commission of the crime
- The victim sustained substantial bodily harm
- The victim was strangled
- The victim had a restraining order against the defendant at the time of the attack
The criminal penalties are in addition to any civil penalties the perpetrator is ordered to pay.
Compensation You Can Recover for Assault in Reno
While criminal law focuses on punishing the defendant for crimes against society, personal injury law is focused on providing financial compensation to victims to make them “whole” again. Through a personal injury claim, you can pursue compensation for:
- Medical expenses, including hospitalizations, follow-up treatment, psychiatric treatment, rehabilitation, therapy, and medication
- Lost wages from work while you were receiving treatment
- Reduced earning capacity if the assault made you afraid to return to work
- Pain and suffering and mental anguish
You may also be able to seek punitive damages, which are damages awarded in some cases in which the defendant’s actions are particularly deplorable, and the court wants to punish them for their wrongdoing and prevent similar behavior in the future.
Since assault is a crime based on intentional actions, this type of case may sometimes render an awarding of punitive damages. Punitive damages are limited to three times the amount of compensatory damages or $300,000, whichever is higher.
What Do I Have To Prove To Recover Compensation for an Assault?
To recover compensation for a personal injury claim for assault, you must be able to prove the following legal elements:
- The defendant intentionally placed you in reasonable apprehension of immediate harmful or offensive physical contact
- The defendant intended to cause harmful or offensive physical contact
- You did not give consent to the contact
- You were afraid of such contact
Your Reno assault injury lawyer can help gather evidence to help you establish these elements.
How Long Do I Have To Make a Claim for Assault in Nevada?
Nevada’s statute of limitations is two years from the date of the incident. If you do not file a lawsuit by this deadline, your case could be dismissed, and you could lose the opportunity to recover compensation from the defendant.
Contact Battle Born Injury Lawyers for Help with Your Assault Claim
If you were assaulted and would like to learn more about your legal rights and options, Battle Born Injury Lawyers is here to help. Contact us online or give us a call at (702) 745-3161 for a free case consultation with a Reno assault injury attorney.
