If you are under investigation for or have been charged with a sex crime in Nevada, understanding the charges you are facing is the first step to building a strong defense. Certain legal terms such as sexual assault and sexual battery sound similar but mean different things under Nevada law.
An experienced Las Vegas criminal defense attorney can help you understand the charges you are facing and the proper steps to defend yourself.
What Is Sexual Assault and the Penalties
Nevada Revised Statutes §200.366 defines the crime of sexual assault. A person commits sexual assault when they subject another person to sexual penetration or force another person to sexually penetrate themselves or another person or animal against the victim’s will or when the perpetrator knows or should know that the victim lacks the physical or mental capacity to resist or understand the nature of the perpetrator’s conduct.
Sexual assault occurs when a person sexually penetrates a child under the age of 14 or causes a child under the age of 14 to penetrate themselves or another person or animal sexually.
Sexual assault is a category A felony in Nevada. A conviction typically carries a penalty of life with a minimum prison term of 10 years. If the victim suffers substantial bodily harm, the court can impose a life sentence with a minimum term of 15 years or a sentence of life without the possibility of parole.
If a victim under 16 suffers substantial bodily harm, the court must impose a life sentence without the possibility of parole. If the victim did not suffer substantial bodily harm, the court may impose a minimum term before parole of 25 years or 35 years for a crime involving a victim under 14. A conviction of a second sexual assault of a child under age 16 carries a penalty of life without parole.
What Is Sexual Battery and the Penalties
The crime of sexual battery occurs when a person touches another’s intimate parts without consent. In Nevada, the law defines battery as the willful and unlawful use of force or violence against another person.
The battery statute, NRS § 200.400, defines the offense of battery with intent to commit sexual assault. A conviction usually carries a prison term of two years to life imprisonment. However, an offense committed against a victim under 16 carries a minimum prison term of five years. If the victim suffers substantial bodily harm, the court can impose a sentence of 10 years to life or life without the possibility of parole. The court may also impose a fine of up to $10,000 in addition to the prison term.
Contact the Criminal Defense Lawyers at Adras and Altig Now
If you or a loved one have been arrested and charged with sexual assault or sexual battery, contact an experienced sexual assault lawyer in Las Vegas right away. The criminal defense team at Adras and Altig, Attorneys at Law, is ready to fight for your rights and reputation. Call us or reach out to us online for a 100% confidential consultation to discuss your case with a knowledgeable member of our team today.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.