Nevada Defense Attorney Explains Assault Charges in Las Vegas
Nevada strictly prohibits acts of violence and aggression, as well as prohibiting threats of violence or aggression. Laws on assault and battery criminalize many types of unwanted conduct and threatening behavior. These laws are found within Chapter 200 of Nevada’s state code, which is the part of the state’s code that deals with crimes against persons.
If you have been accused of assault, you need to understand the nature of the charges, what prosecutors must prove in order to secure conviction for assault, and how you can fight against serious accusations that could sometimes result in a felony conviction. You shouldn’t try to handle these difficult cases without the right legal help from compassionate and knowledgeable Vegas violent crimes defense attorneys who can represent your interests.
LV Criminal Defense is here to help. Our Nevada criminal firm has provided representation against defendants accused of all different kinds of assault crimes and other crimes against persons. Whether you are facing charges of simple assault or assault with a deadly weapon, we can provide the advocacy and legal advice you need to fight charges.
To find out more about the ways in which our firm can help you, give us a call today.
Nevada Laws on Assault
Nevada laws on assault include Nevada Revised Statute section 200.471, which defines assault, as well as Nevada Revised Statute section 200.490, which addresses provocations of assault. The subcategory of Chapter 202 that deals with assault crimes also defines battery as a separate offense, although it is very common for defendants to be charged with both assault and with battery.
According to N.R.S. 200.471, assault involves either unlawfully trying to use physical force against any other person or unlawfully and intentionally placing another person in reasonable fear of immediate bodily harm.
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The penalties for assault vary depending upon who is the victim of assault and depending upon the means by which the assault occurred. For example:
- If an assault is committed upon a healthcare provider; school employee; officer, taxi driver or transit operator performing work duties; or a sports official performing work duties, the defendant can be convicted of a gross misdemeanor as long as no deadly weapon is involved. The prosecutor must show that the defendant was aware of the victim’s employment in order to secure a gross misdemeanor conviction.
- If a deadly weapon is involved in an assault against a care provider, school work, officer, taxi driver, transit operator, or sports official, then the defendant who commits an assault upon any of these categories of victims can be charged with a category B felony and can face a minimum prison term of one year, a maximum prison term of six years, and a fine up to $5,000.
- If an assault is committed upon an officer, healthcare provider; school employee; cab driver or transit operator; or sports official, and the defendant is a probationer, prisoner in custody, or parolee, the defendant can be convicted of a category D felony if no deadly weapon was involved. Again, a prosecutor would need to show that the defendant was aware of who the victim was and what his role was. If a deadly weapon is involved under these circumstances, the defendant also faces category B felony charges carrying a penalty of one to six years imprisonment and a fine up to $5,000.
- In other circumstances where assault is made with the use of a deadly weapon or where the defendant has the present ability to use a deadly weapon, a defendant can be charged with a category B felony and be penalized with a minimum of one year imprisonment and a maximum of six years imprisonment along with a fine up to $5,000.
- If the assault does not involve a deadly weapon and the victim is not one of those individuals given special protections, such as a sports official or a school employee, then the defendant can be convicted of a misdemeanor offense.
Within the assault subcategory of Chapter 200, the law also prohibits a defendant from provoking an assault. Nevada Revised Statute section 200.490 indicates that any person who uses words, signs, or gestures to willfully provoke another person to commit assault can be fined up to $500. A person who uses words, signs, or gestures to attempt to provoke an assault can also be fined under this statute even in circumstances where the attempt is ultimately not a successful one.
There are also various other circumstances in which a defendant can be charged with assault crimes as well. For example, in circumstances where a defendant is tried for mayhem, which is an offense related to causing permanent disfigurement or loss of use of a body part, a defendant could be convicted of some degree of assault offense if it is determined the defendant did inflict injury but the injury did not cause permanent disfigurement or other permanent injury.
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Getting Help from a Nevada Criminal Defense Attorney
When you have been accused of assault, either a misdemeanor or a felony conviction for this offense could impact your life in profound ways going forward. You owe it to yourself to get the help you need to fight assault charges. LV Criminal Defense can provide representation and advice.
Our Nevada criminal law firm has provided representation to defendants accused of all different crimes against persons that have been made illegal within Chapter 200 of Nevada’s code. We are familiar with laws related to mayhem, homicide, assault, sexual assault, and related offenses and we can put our in-depth knowledge of Nevada laws on crimes against persons to work to help you to develop a smart legal strategy.
There are options for defendants accused of assault, including pleading to a lesser offense, fighting for acquittal, introducing affirmative defenses such as self defense, or petitioning to have charges dropped.
LV Criminal Defense can help you to decide on the best course of action given the nature of charges and can work with you to implement a legal strategy aimed at limiting the consequences of your involvement with the criminal justice system. Give us a call today to find out more.