Nevada Crime of Assault with a Deadly Weapon (NRS 200.471)
As with other Las Vegas crimes involving a weapon, the Nevada crime of assault with a deadly weapon is a crime “against the person” and carries serious prison time and expensive fines.
An experienced criminal defense lawyer can represent you and may be able to reduce the charges to a simple assault to avoid a felony conviction on your record.
Assault + Deadly Weapon
Just like it sounds, the crime of Assault with a Deadly Weapon requires the prosecutor to prove two things:
- That an assault took place. An assault puts a person in fear that he or she is about to be touched in an unwanted or harmful way; and
- That a deadly weapon was used or was present and could have been used to put the other person in fear.
What is considered a deadly weapon for a charge of Assault with a Deadly Weapon?
A gun is not the only kind of deadly weapon that can turn a simple assault charge into one for assault with a deadly weapon. Instead, any device, if used or threatened to be used, to cause substantial bodily harm or even death, qualifies.
Nevada courts have found each of the following to be a deadly weapon:
- An unloaded pistol used to bludgeon a person;
- Switchblade knife; and
- BB Gun.
The Nevada courts are undecided as to whether a Swiss army knife, scissors, a hammer, or steel-toe boots can be deadly weapons. Each case is different.
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Proving that an instrument used in an assault is not a deadly weapon is a critical defense to this Nevada crime that is best left to Nick Wooldridge – one of the best Las Vegas criminal lawyers.
Sentencing for Assault with a Deadly Weapon
Assault with a deadly weapon in Nevada is a Category B felony. Category B felonies carry 1 to 6 years in prison and up to $5,000 in fines.
Defenses to Assault with a Deadly Weapon in Las Vegas, Nevada cases
All assault charges, whether with or without a deadly weapon, require the state to show that the act was intentional. If you did not act intentionally to make someone reasonably feel fear for their life or safety, an assault charge is not appropriate. Other Nevada crimes may still apply, such as improper exhibition of a weapon.
Plea Bargains in Nevada Assault with a Deadly Weapon Cases
An experienced defense lawyer may be able to bargain for a less serious offense, including simple assault or trespass.
These Nevada crimes are misdemeanors, which carry up to 6 months in jail and $1,000 in fines.
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When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
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An assault with a deadly weapon conviction can take away your freedom and burden you with expensive fines, in addition to making it difficult to get hired in the future because of a felony conviction on your record.
There are many opportunities to defend against these charges to have them reduced or even dismissed. LV Criminal Defense – a group of qualified criminal defense attorneys in Las Vegas – is the best place to explain your rights and create a strategy for defending you against these charges.