I Was Arrested for Battery With Substantial Bodily Harm in Nevada – What Now?

I Was Arrested for Battery With Substantial Bodily Harm in Nevada – What Now?

Getting arrested for battery with substantial bodily harm can be a scary and overwhelming experience. I know the feeling – it happened to me. One minute you’re going about your normal life, the next you’re in handcuffs wondering how you got there. Let me walk you through what to expect and what comes next if you find yourself in this situation in Nevada.

What is Battery With Substantial Bodily Harm?

First, let’s make sure we understand what this charge actually means. Battery is when you intentionally use force or violence against someone else [1]. It becomes a felony charge if that force causes “substantial bodily harm” to the victim. Substantial bodily harm means things like [2]:

• Broken bones
• Deep cuts needing stitches
• Serious burns
• Internal organ damage
• Concussions
• Loss of consciousness

So if you got in a fight and broke someone’s nose, knocked them out, or gave them a concussion, you could be looking at a felony charge for battery with substantial bodily harm. This is a big deal compared to a misdemeanor simple battery.

What Are the Penalties if Convicted?

The penalties for a conviction of battery with substantial bodily harm depend on the circumstances, but can include [1]:

• 1-5 years in Nevada State Prison if no deadly weapon was used
• 1-15 years if a deadly weapon was used
• Fines up to $10,000

So we’re talking felony-level penalties here. This is not something you want to take lightly. Hiring an experienced criminal defense attorney is essential to fight the charges and avoid a conviction.

What Happens After You’re Arrested?

If you’ve been arrested for battery with substantial bodily harm, you’ll be taken to jail and booked. This means they will take your fingerprints, mugshot, and personal information. You’ll also be searched. Then, you’ll be placed in a holding cell until you are eligible for bail.

Within 72 hours of your arrest, you will go before a judge who will decide whether to set bail. The judge will consider factors like the seriousness of the alleged crime, your prior record, employment, and ties to the community. If bail is set, you or a bail bondsman can pay the bail amount and you will be released until your trial date.

Should You Talk to the Police?

Absolutely not! Once you’ve been arrested, anything you say to the police can only be used against you. Police are building a case – they are not on your side. Don’t fall into the trap of thinking you can talk your way out of this or explain your side of the story. Be polite but firm and say you will not answer any questions without your lawyer present.

Hiring a Criminal Defense Attorney

The single most important thing you can do after being arrested for battery with substantial bodily harm is hire a criminal defense attorney. An experienced lawyer knows how to navigate the system and protect your rights. They will start building your defense right away.

Your attorney can investigate the allegations, interview witnesses, negotiate with the prosecutor, file motions to suppress evidence, and fully advise you of the options and strategies available. If negotiations fail and your case goes to trial, your attorney will aggressively defend you in court.

Hiring a private defense attorney rather than relying on a public defender gives you the best chance at the most favorable outcome. This is not the time to cut costs – your future is on the line.

Possible Defenses

There are several defenses that could potentially beat your battery with substantial bodily harm charges [1]:

• Self-Defense – If you can show you used reasonable force to protect yourself or someone else from harm, the charges should be dismissed.
• False Accusations – The alleged victim may be lying or mistaken about what happened. Your attorney can investigate inconsistencies and credibility.
• Accident – If your actions were not intentional and the injuries were accidental, it is not battery.
• Misidentification – Eyewitness misidentification is common. You may have been mistaken for the perpetrator.

An experienced criminal attorney will thoroughly examine the evidence and circumstances to determine if any viable defenses exist in your case.

Plea Bargaining

Another possibility your attorney may pursue is negotiating with the prosecutor to get you a plea deal. This involves pleading guilty to a lesser charge in exchange for a lighter sentence. For example, pleading to simple misdemeanor battery rather than felony battery with substantial bodily harm.

Plea deals also avoid the risk and expense of going to trial. But any plea deal must be carefully examined to ensure it is in your best interests. An attorney can advise if a plea is your wisest option.

Pre-Trial Intervention or Diversion Programs

For some first-time offenders, completing a pre-trial intervention or diversion program can result in charges being dismissed. These programs may involve counseling, treatment, community service, restitution to the victim, or other conditions. If completed successfully, you avoid a conviction on your record.

Whether you qualify depends on the case specifics and your criminal history. But an experienced attorney may be able to get you this second chance to avoid prosecution.

Consequences of a Conviction

The consequences of being convicted of battery with substantial bodily harm go far beyond just jail time. This felony conviction will stay on your record and impact your life in many ways including:

• Difficulty finding employment, especially for jobs requiring background checks
• Bars from working in certain fields like education, healthcare, etc.
• Loss of professional licenses
• Loss of civil liberties like voting and gun ownership
• Difficulty passing background checks for housing and loans
• Higher insurance rates
• Immigration consequences if not a U.S. citizen
• And more…

This is why aggressively fighting the charges is so important. A skilled lawyer will know how to minimize the damage to your future.

Take This Seriously and Act Fast

I cannot stress enough how critical it is to take these felony charges very seriously and hire a criminal defense attorney immediately. Battery with substantial bodily harm can put you in prison and leave you with a felony record that damages the rest of your life.

Acting quickly to start building your defense is essential. Don’t wait and hope this goes away – be proactive in protecting your future. If you’ve been arrested or think you’re under investigation, call a defense lawyer right now for a free consultation and discuss your options. This is not something you want to go through alone.

I know how scary and stressful this situation is. But the right attorney can help put the odds back in your favor. There is hope and help available – reach out and start fighting back today.