NRS 200.400 is the Nevada law making it a felony to commit battery with the intention to rob, rape, maim, kill, or steal more than $1,200. Penalties range from two years to life in prison. It makes no difference if the defendant fails to steal or injure anyone.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. What is battery in Nevada?
• 2. How does NRS 200.400 apply?
• 3. What are the penalties for battery with intent to commit a crime?
• 4. How can I fight the criminal charges?

1. What is battery in Nevada?

Nevada law defines the crime of battery (NRS 200.481) as any “willful and unlawful use of force or violence upon the person of another.” Examples include:

• hitting, punching, slapping,
• kicking, shoving, pushing,
• strangling, shooting, stabbing, poisoning, or
• hitting by throwing objects at the person

Depending on the circumstances, battery can be a misdemeanor, gross misdemeanor, category C felony, or category B felony.¹

2. How does NRS 200.400 apply?

Normally battery is a misdemeanor in Nevada as long no one sustains serious injuries. But NRS 200.400 makes battery a felony if the batterer intended to accomplish either a:

• robbery (NRS 200.380);
• sexual assault (NRS 200.366);
• maiming – a.k.a. mayhem (NRS 200.280);
• grand larceny (NRS 205.220), which is theft of $1,200 or more worth of property or cash; or
• homicide

And the charge remains a felony even if the defendant did not succeed in carrying out the intended crime and if no one got injured.²

3. What are the penalties for battery with intent to commit a crime?

Nevada’s punishment for battery with intent to commit a crime depends on which criminal offense the defendant intended to carry out. Note that the judge can double the criminal sentence (by up to a maximum of 20 extra years) for use of a deadly weapon during the battery.³

3.1. Battery with intent to commit robbery, mayhem, or grand larceny

Battery with the intent to commit mayhem, grand larceny, or robbery is a category B felony in Nevada. The sentence includes:

• 2 to 10 years in Nevada State Prison, and
• fines of up to $10,000 (at the judge’s discretion)⁴

3.2. Battery with intent to kill in Nevada

Battery with the intent to kill is a category B felony in Nevada punishable by two to 20 years in prison. This is the same punishment that attempted murder (NRS 200.030) carries.⁵

3.3. Battery with intent to rape

Battery with the intent to commit sexual assault is a category A felony in Nevada. The length of the prison sentence depends on the victim’s age, whether the victim sustains substantial bodily harm, and if the defendant strangled the victim:

• If the victim does not sustain substantial bodily harm – and the victim is under age 16 – the judge will impose a sentence of five years to life in prison with the possibility of parole.
• If the victim does not sustain substantial bodily harm – and the victim is 16 or older – the judge will impose a sentence of two years to life in prison with the possibility of parole.
• If the victim does sustain substantial bodily injury – or if the defendant committed strangulation on the victim – the judge will impose a sentence of life in prison with or without the possibility of parole after ten years.

The judge may also impose a fine of up to $10,000.⁶ The defendant must register as a Tier III sex offender for life. Battery with intent to rape also carries lifetime supervision. But it may be possible to get off lifetime supervision after 10 years.⁷

Note that a conviction for battery with intent to commit rape can never be sealed from the defendant’s criminal records.⁸

4. How can I fight the criminal charges?

The most effective way to get an NRS 200.400 criminal case dropped is by showing that the defendant never committed battery. Five potential defenses include:

1. The incident was an accident;
2. The defendant was falsely accused by the alleged victim;
3. The police officers misidentified the defendant;
4. The defendant was insane at the time; or
5. The defendant inflicted physical force in lawful self-defense.

Otherwise, an NRS 200.400 charge could be reduced to a simple battery charge if the D.A. fails to prove beyond a reasonable doubt that the defendant intended to commit robbery, grand larceny, mayhem, rape, or a homicide.

Typical evidence in these battery cases include:

• video surveillance footage
• eyewitness testimony
• photographs of any injuries
• texts, emails, and voicemails indicating the defendant’s intent

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