Gabriel Aubry (Halle Berry's Ex and the father of Berry's daughter) was arrested for Battery on Thanksgiving Day for assaulting Oliver Martinez (Halle's current boyfriend). Reports indicate that the Aubry attacked Martinez during a custody exchange. Both men were taken to the hospital following the altercation. But, it appears that Aubry got the worst of it. Initial reports indicate that Martinez may have broken his hand and sustained a neck injury. Aubry reportedly had a fractured rib, substantial facial bruises and a possible head injury.
In Nevada, a person commits a Battery if they engage in any type of willful and unlawful use of force upon the person of another. A battery charge can arise from a fight, but it can also result from something as seemingly insignificant as a push, poke or pinch. Most Battery charges are misdemeanors, meaning that it is punishable by up to six (6) months in jail. However, if the alleged victim sustains a serious injury or a broken bone, prosecutors might charge Battery with Substantial Bodily Harm, which is a felony. A felony Battery with Substantial Bodily Harm charge is punishable by up to five (5) years in prison. If the battery does not cause injury but is alleged to have been committed on a family member, current or former dating partner, or a roommate, police might charge a Battery Domestic Violence. Battery Domestic Violence is a misdemeanor, but has substantial penalties and consequences in addition to those normally imposed in a simple battery case. Any form of Battery is considered a
If you or someone you know has been charged with Battery, Battery Domestic Violence, Battery with Substantial Bodily Harm, or another violent offense, it is important to contact a Las Vegas Criminal Defense Attorney right away. The Las Vegas Criminal Defense Lawyers at Brown Law Offices can assist you by analyzing the facts of your case, identifying applicable defenses and providing you with the most aggressive defense strategy possible to protect your legal rights.