- Assault can be charged if a defendant attempts to use unlawful force against a victim or if the defendant purposefully put a victim in fear of imminent bodily harm.
- Battery occurs when a defendant uses force or violence against a victim.
- Lack of intent to harm. Both offenses involve a willful attempt to harm a victim. If you did not intend to hurt the alleged victim, such as if the harm was accidental, you have not committed assault or battery.
- Victim’s fear was unreasonable. Assault typically involves the threat of immediate harm, so if you did not actually threaten the supposed victim or if you did not threaten immediate harm, you may be able to challenge the charges.
- Self-defense or defense of others. If you are facing immediate bodily harm, Nevada law says that you can defend yourself as long as you use reasonable force to fight back. Likewise, you can use reasonable force to defend another person from an attack.
- Protection of property. If someone attempted to damage or steal your personal property, you can use reasonable force to defend yourself and protect your possessions.