Las Vegas Criminal Defense Blog

Last month a Reno man who's charged with killing his stepson and wife's grandmother was slapped with the additional charge of committing the Nevada crime of battery on a peace officer. He allegedly punched a deputy in the face while in his cell. The deputy did not sustain serious injuries.

The Nevada crime of battery on a peace officer makes it illegal to deliberately touch a police officer in a violent or unlawful way. This law also applies to firemen, corrections officers, and judges. A defendant cannot be convicted of this crime unless the officer was in the course of performing their duty at the time of the incident and the defendant knew (or should have known) that the victim was a peace officer.

Typical defenses to the Nevada crime of battery on a peace officer include lack of intent, accident, and lack of knowledge that the victim was a peace officer. If no substantial bodily harm occurred and the battery didn't include strangulation, it's charged as a gross misdemeanor carrying up to $2,000 in fines and/or up to 1 year in jail. Otherwise, it's a category B felony carrying up to $10,000 in fines and/or two to ten years imprisonment.

Last Friday, a twenty-two year old man from Lockwood pleaded not guilty in First Judicial District Court in Virginia City to felony counts of open murder and violating the Nevada crime of battery on a peace officer with substantial bodily harm. These charges stem from the October beating death of a forty-seven year old woman.

Police claim that the accused beat the victim after she denied him a cigarette, starting an altercation outside of the Rainbow Bend Community Center. He then reportedly left the scene and fought with a cop prior to arrest, which led to the charge for the Nevada crime of battery on a peace officer. His trial is set for November.

The Nevada crime of battery on a peace officer is defined as unlawful use of force or violence on a peace officer, which includes policemen, fire department employees, and court judges. If substantial bodily harm occurs, it may be charged as a felony and carries a prison term of two to ten years and/or a fine of up to $10,000. If there’s no substantial harm, it may be charged as a gross misdemeanor, carrying up to a year in jail and/or a fine of up to $2,000.

Read more about this story at http://www.nevadaappeal.com/article/20100220/NEWS/100219472/0/FRONTPAGE.