What to do if charged with battery of a protected person
If you or a family member was charged with allegedly committing battery against a “protected person” in or around Las Vegas, retaining the services of a skilled Las Vegas criminal defense lawyer is extremely important.
This is a “gross misdemeanor” offense punishable by jail time, hefty fines, and a criminal record that will follow you for years into the future.
What Exactly is Battery Against a Protected Person?
According to Nevada Revised Statute § 200.481, someone can be charged with committing battery when they intentionally inflict substantial bodily harm on another person. Additionally, Nevada recognizes certain protected classes against whom committing a battery is even worse that battering a non-protected individual. If you are convicted of battering a protected person, the punishment is typically more severe than battering a non-protected person.
Overview of Protected Persons in Nevada
In Nevada, the following types of individuals are considered to be in a protected class concerning incidents of criminal conduct:
- Police officers
- First responders
- Sporting officials at sporting events
- Correctional officers
- Healthcare workers
- State officials
- Taxi drivers
- Public transit operators
- School employees
What Must Be Established to Convict You of Committing Battery Against a Protected Person
If you are charged with committing a battery against a protected person, do not give up hope. There are various potential defenses that could be raised to challenge the charges. And, of course, the burden is on the government to prove, beyond a reasonable doubt, that you are guilty of battering a protected person. Here are the legal elements that must be established to convict you:
- There is evidence that you actually battered another person;
- You intended to commit the battery against the person;
- The other person falls into the aforementioned protected class and was working in this protected capacity at the time of the battering; and
- You knew or should have known that the other person was a member of a protected class
Overview of Potential Punishments for Battering a Protected Person
If you are convicted a battering a protected person, the penalty is a gross misdemeanor. This offense is punishable by having to serve up to one year in a county jail, having to pay a $2,000 fine, or both.
If you were on probation or parole at the time the incident occurred, then the offense escalates to a Category D felony. The punishment for a category D felony including a prison sentence of between one and four years, a $5,000 fine, or both.
Contact an Experienced and Skilled Las Vegas Defense Attorney for Your Battery Case
Now is the time to take action if you are facing criminal charges for allegedly battering a protected person. Your freedom and criminal record should not be left to chance or a wing and a prayer. Instead, your best path forward is retaining the services of experienced and qualified Las Vegas criminal defense attorney like Nick Wooldridge.
He will be by your side every step of the way throughout the case and will work tirelessly on your behalf. Contact Nick with LV Criminal Defense today.