Nevada Assault Attorneys

Assault in Nevada is committed when the perpetrator deliberately attempts to use force against another person or intentionally causes another person to feel a reasonable apprehension of harm. In other words, assault occurs when a defendant intentionally causes a reasonable person to fear that they are in imminent danger of being physically harmed.

What Is Needed to Prove Assault?

In general, there are two kinds of assault. For the first kind of assault to be proven, the evidence must show that the perpetrator attempted to use force against the victim. For the second kind of assault, the evidence must show the following:

• The perpetrator placed their victim in fear of suffering imminent physical harm; and
• The victim’s fear of suffering imminent physical harm was reasonable.

For a victim’s fear to be reasonable, it must be shown that the circumstances of the assault were such that any reasonable person would have felt fear. So, if someone feels threatened by someone shaking their stuffed teddy bear at them, this is not a reasonable fear for proving assault. Most rational people would not experience fear of imminent bodily harm under those circumstances.

On the other hand, if a person opens their coat pocket to show another person that they possess a gun, the other person’s fear of imminent bodily harm would be considered reasonable. Any person would fear for their physical safety if another person shows them that they possess a firearm and suggests that they might use it.

What Is Criminal Battery?

Criminal battery is deliberately unlawfully touching another person. The force causes the victim some offensive or harmful contact, such as a bruise, wound, or broken bone. Assault is not part of battery, but it may be an attempted battery that failed because there was no touching. In most states, including Nevada, battery is a separate criminal charge.

It is important to note that battery is a crime that is separate from the crime of battery domestic violence. The crime of battery domestic violence is the crime of battery involving a perpetrator and a victim who are:

• Family members,
• Romantic partners, or
• Other cohabitants, e.g. roommates.

Nevada law imposes less severe punishment for assault than for battery because assault does not involve physical touching or physical injury. However, if the perpetrator places a person in fear of imminent physical harm when a deadly weapon is accessible to the perpetrator, it is treated as a more serious felony offense, and the punishment is more severe than the punishment for simple assault, which is a misdemeanor.

Even if the perpetrator does not use a deadly weapon in committing a battery, but the victim sustains substantial bodily harm or is strangled, the battery is a Category C felony. It is punishable by imprisonment for 1 to 5 years or payment of a fine of as much as $10,000.

Otherwise, battery is a misdemeanor, as is simple assault, punishable by up to six months in jail or payment of a fine of up to $1,000. If the perpetrator was in custody, in prison, on parole, or probation at the time the battery was committed, then battery is a Category B felony and is punishable by a term of imprisonment of 1 to 6 years.

If the perpetrator of a battery uses a deadly weapon in the commission of the offense, then, again, it is a Category B felony. It is punishable by imprisonment for a minimum of 2 years, a maximum of 10 years, or payment of a fine of as much as $10,000.

If the victim sustains substantial bodily harm or is strangled, the maximum prison sentence is 15 years. No fine is imposed for felony battery if the perpetrator was in custody, in prison, on parole, or probation at the time they committed the offense.

What Is Assault If It Is Not Part of a Battery?

In Nevada, simple assault intentionally makes a person reasonably fear that they are in imminent danger of suffering bodily harm. Or simple assault is committed when a person deliberately tries to use force against another person, i.e., attempts a battery but fails to complete that crime. Placing a victim in fear of physical harm is the essence of assault.

Is Simple Assault the Same as Aggravated Assault?

In Nevada, aggravated assault is essentially the crime of assault with a deadly weapon. It is an assault that is accomplished with a weapon that may inflict serious bodily harm or death. For example, the perpetrator may display a knife in order to make their victim comply with some direction. This would be assault with a deadly weapon. It is not the same as simple assault and is punished more severely.

Assault with a deadly weapon is a Category B felony in Nevada and is punishable by a term of imprisonment for 1 to 6 years in prison and/or payment of a fine of up to $5,000.

If the victim of a simple assault was on duty as a police officer or is a member of some other “protected class” at the time of the offense, then the assault is a gross misdemeanor. The punishment for a gross misdemeanor is as follows:

• A term of imprisonment for up to 364 days in county jail, or
• Payment of a fine of as much as $2,000.

If the perpetrator was in custody, in prison, on parole, or probation at the time they committed the simple assault, then the assault is a Category D felony, punishable as follows:

• A term of imprisonment for 1 to 4 years in state prison or
• Payment of a fine of as much as $5,000.

What Is the Punishment for Assaulting Someone Without Using a Deadly Weapon?

As noted above, the crime of simple assault is a misdemeanor punishable as follows:

• A term in the county jail for up to six months;
• Payment of a fine of as much as $1,000;
• Both county jail time and a fine;
• Community service instead of jail time.

Other circumstances make a simple assault more serious, even though no deadly weapon is involved, as explained above.

Are There Any Defenses to an Assault Charge?

In some cases, the prosecutor may reduce or dismiss an assault charge as part of a plea bargain. A plea bargain is usually available in any criminal case.

Also, several possible defenses are available to fight an assault charge, as follows:

• The incident was an accident. The perpetrator did not intend any harm or to cause anyone fear of harm;
• The perpetrator acted in lawful self-defense;
• The police engaged in misconduct in collecting evidence, e.g., obtained a confession from the perpetrator without giving the Miranda warnings;
• The perpetrator has been falsely accused, perhaps because of a misidentification;
• If it is a case of simple assault, the perpetrator can argue that the victim was never in reasonable fear of imminent bodily harm or that the victim’s fear was not reasonable under the circumstances.

Do I Need the Help of an Attorney for My Assault Charge?

If you face an assault or battery charge in Nevada, you want to consult an experienced Nevada criminal defense attorney.

Your attorney can review the facts of your case, determine if you have any defense, and advise you on the best path forward, whether that involves a plea agreement or a trial.