In Nevada, the laws on assault changed in 2010. There are different rules in effect depending upon whether an offense was committed before or after July 1, 2010. It is important to understand the rules associated with assault crimes so you will know exactly what a prosecutor must prove if you have been charged with assault.
The definition of assault under Nevada law is found in Nevada Revised Statute section 200.471. This statute is found in Chapter 200 of Title 15 of Nevada’s code. Title 15 is the part of the state code that deals with crimes and punishments, and Chapter 200 is the chapter of Title 15 that deals with crimes against the person.
Because assault is a crime against a person, a victim is harmed as a result of an assault being committed. This means penalties can be harsh for defendants who are convicted. LV Criminal Defense can provide assistance to defendants accused of assault crimes in fighting charges to try to avoid a penalty through an acquittal or to try to reduce consequences through an effective plea deal.
We can work closely with defendants to try to determine the best course of action a and we can represent you both in court or when negotiating a plea with prosecutors. To find out more about the assistance that our Las Vegas criminal defense attorneys can offer, give us a call today.
N.R.S. 200.471 explains the definition of assault and the possible consequences of assault. The rules that became effective after July 1, 2010 indicate that assault means unlawfully trying to use physical force against a victim or intentionally putting a victim in reasonable apprehension of suffering immediate bodily harm. A defendant can be found guilty of assault even if the defendant does not hurt the victim. Simply making the victim feel a reasonable fear of getting hurt, or trying to hurt the victim, could result in a conviction.
Penalties for assault can vary depending upon both who the victim was and where the alleged assault took place. For example, in most cases, assault that does not involve the use of a deadly weapon or does not involve a defendant having an apparent ability to use a deadly weapon, is considered to be a misdemeanor offense.
However, if assault is committed by anyone with the use of a deadly weapon or if the defendant who committed the assault had the apparent ability to use a deadly weapon, then the defendant could also be convicted of a category B felony and could face a minimum term of one year imprisonment, a maximum term of six years imprisonment, and/or a fine up to $5,000.
However, if the assault is committed upon certain individuals like officers, healthcare providers, taxicab drivers, transit operators, or school employees, the defendant could be charged with a Category D or a Category B felony, depending upon whether a deadly weapon was used or could potentially have been used.
A defendant convicted of a Category B felony could face a minimum of one year imprisonment and a maximum of six years imprisonment. A defendant could also be fined up to $5,000. A prosecutor would need to show that the defendant was aware of the special status of the healthcare provider, school employee, officer, or other victim given special protections.
A Vegas criminal defense lawyer can provide representation to defendants who have been accused of committing assault crimes. We can put our extensive legal experience to work providing assistance to defendants who want to fight charges or who hope to negotiate a favorable plea agreement to lessen penalties. To find out more about LV Criminal Defense can help you, give us a call today.