Nevada Assault with a Deadly Weapon Lawyers

There are two definitions for assault. It may be the deliberate instillation of a justifiable fear of harm. A battery attempt might also be considered an assault. Both may result in charges.

Battery: What Is It?

Battery is when someone uses force on another person without their consent or in an illegal manner. The victim is touched in an offensive or injurious way as a result of this unlawful force.

Does Nevada’s Definition of an Assault Crime Include Battery?

No, Nevada maintains assault and battery as separate offenses. Assault in Nevada is defined as making an illegal effort to use physical force against another person. The second element of assault is purposefully placing a victim in reasonable fear of immediate bodily injury.

What in Nevada Constitutes Assault with a Deadly Weapon?

The illegal attempt to employ force against a person while brandishing a lethal weapon is known as an assault.

In Nevada, any accusation of Assault with the Use of a Deadly Weapon is dealt with significantly more harshly than the misdemeanor charge of “simple assault.” A category “B” felony is assault with a deadly weapon. This serious felony charge may result in a jail sentence and other life-altering repercussions. NRS chapter 200 contains a description of the crime of Assault with a Deadly Weapon in Nevada.

The State must prove each of the following factors beyond a reasonable doubt for a jury to find someone guilty of assault with a deadly weapon:

• A person unlawfully sought to use physical force against another, willfully put another person in fear of suffering immediate bodily injury, and a person utilized a lethal weapon.
• By attempting to use physical force while employing a deadly weapon, one person (the defendant) put another person (the victim) in a situation where they believed they might be harmed. This is referred to as an assault with a deadly weapon.
• A weapon is considered to be deadly if it “will or is likely to cause substantial bodily harm or death if used in the ordinary manner contemplated by its design and construction” or “any weapon, device, instrument, material, or substances” that “under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing substantial bodily harm or death.”

Contrary to popular belief, there is no requirement that the claimed victim be hurt in order to be charged with assault with a deadly weapon.

Assault with a dangerous weapon is a serious felony violation in the state of Nevada. A conviction may have immediate consequences, such as jail time and a large fine. The long-term consequences, however, may also have an effect on how you live in the future.

Because background checks are so common, having a felony on your record might make it difficult to get a job, enroll in school, or find housing. It’s imperative that you take all the necessary actions as soon as the arrest occurs to prevent this outcome, given what you could lose if you don’t.

What Is a Deadly Weapon?

Any tool intended to cause great bodily harm or death to a human being is considered a lethal weapon.

A deadly weapon may include the following:

• Firearms
• Daggers
• Swords
• Clubs
• Knives
• Brass knuckles
• Bludgeons

Using a Swiss army knife, scissors, hammer, or steel-toe boots as deadly weapons is still debatable in Nevada courts. Each situation is unique.

When defending against accusations of assault with a dangerous weapon, having an experienced defense attorney can be helpful.

Learning more about the allegations you are up against and the best ways to defend yourself is the first step in fighting for a good outcome.

What Must the State Prove to Find Me Guilty of this Crime?

The following elements must be established for a conviction of assault with a deadly weapon in Nevada:

• The defendant meant to carry out either an assault or a battery when they committed the crime.
• The defendant assaulted with a deadly weapon.

What Is the Penalty for Using a Deadly Weapon in Assault?

A Category B felony is an assault with a dangerous weapon. This particular felony offense carries a sentence of one to six years in jail.

Suppose the defendant is found guilty of assault with a dangerous weapon on a police officer, school employee, healthcare professional, taxi driver, transit operator, sports official, or probation officer while they are doing their duties. In that case, they will face the same punishment.

Examples

A man cuts off another vehicle while driving down a motorway without using his blinker to change lanes. This car’s driver gets angry and waves his gun in the direction of the other driver. Even if there was no physical contact, the driver who engaged in an episode of road rage might nevertheless face charges of assault with a deadly weapon.

Another instance involves a heated argument between two people who want to date the same female. One of the two takes out a folding knife, opens the blade, and charges toward the other in an attempt to resolve their argument physically rather than verbally. The use of a knife to give the other person the impression that he might be cut constitutes an assault charge in Nevada even though there is no physical contact with the knife and no injury happens.

Plea Deals in Nevada Cases of Assault with a Deadly Weapon

A skilled defense attorney could be able to negotiate for a less serious charge, such as simple assault or trespass.

Misdemeanor charges in Nevada can result in up to six months in prison and a $1,000 fine.

Protection Against Deadly Weapon Assault

A conviction does not always follow an arrest for assault with a dangerous weapon. A skilled defense lawyer is familiar with the nuances of Nevada law and can exploit holes in the prosecution’s case to undermine it.

While the State could believe they have enough proof to file a criminal charge, such as Assault with a Deadly Weapon, it doesn’t follow that the accused will be found guilty in the end. In truth, there are many defenses that could disprove the charge and prevent a conviction, just like there are defenses to any other claim. Self-defense is one of the possible defenses, which would establish that the accused did not use excessive force and instead had an honest and reasonable perception that he was about to be hurt by another person.

It is also feasible to argue that the accused lacked malicious intent or that the putative victim had a plausible fear of actual injury. For instance, if someone is standing across the street from another, even if he is screaming and brandishing a knife, it is improbable that there is any immediate threat because of the vast distance between the two.

Do I Require Legal Counsel for My Charge of Assault with a Deadly Weapon?

It’s challenging to defend yourself against an accusation of assault with a deadly weapon on your own. Suppose you are convicted of assault with a dangerous weapon. In that case, you risk losing your freedom, paying hefty fines, and suffering future employment difficulties due to the felony conviction on your record.

To learn more about the criminal charge and how to handle it, speak with a criminal attorney in Nevada.