Las Vegas Assault With A Deadly Weapon Attorney
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Assault With a Deadly Weapon Charges in Las Vegas
In Las Vegas, Nevada, law enforcement isn’t one to take allegations of violent crime lightly. No matter the circumstances involved in the incident, an individual can still be arrested if they are accused of acting aggressively or threateningly towards another person. The repercussions will only become more serious should a deadly weapon have been used during this occurrence or if there is significant bodily harm inflicted on someone else.
A felony charge can have a devastating impact on your life and liberty, leaving you facing hefty prison time and fines. To guard yourself against such negative consequences, it is absolutely essential to take the necessary steps to safeguard your name and freedom.
In the event that you are facing a serious criminal charge such as a violent crime, enlisting an experienced and qualified Las Vegas assault with a deadly weapon attorney can be vital to protecting your rights. At the Spartacus Law Firm, we can investigate any issues with the grounds of allegations or missteps in either investigation or proceedings that may lead to exoneration. A well-developed strategy crafted by a knowledgeable criminal defense lawyer is essential for providing effective protection against extended jail time. Contact our office today for a consultation and learn more about how we can help.
Assault Definition under Nevada Law
According to Nevada Revised Statute § 200.471, assault is defined as attempting without lawful right or authority to use physical force against another person, or deliberately and intentionally causing a reasonable fear of imminent harm in them. In the state of Nevada, it isn’t necessary for there to be actual contact with someone else – just an act that puts the alleged victim in fear can result in an assault charge.
Deadly Weapon Definition in Las Vegas
In Nevada, any device or material capable of inflicting bodily harm or death is considered to be a deadly weapon in accordance with Nev. Rev. Stat § 193.165 – this includes attempts and threats of causing such as well as the ordinary use of an item that could result in substantial physical injury or fatality. The following items are classified by law as deadly weapons:
- A spring gun
- An explosive or incendiary device
- A dirk, dagger, or switchblade knife
- A nun chuck or trefoil
- A blackjack or billy club or metal knuckles
- A pistol, revolver, and/ or other firearms
- A paint gun
Penalties For Assault With A Deadly Weapon Charges In Nevada
Assault with a deadly weapon is a category B felony in Nevada carrying:
- One to six years (1 – 6) in prison, and/or
- Up to $5,000 in fines
Irrespective of whether or not the crime is categorized as a “protected class” offense, like attacks on police officers, and if you are currently in prison, parolee, or probationer in Nevada – this penalty stays unchanged.
Plea Bargains For Assault With A Deadly Weapon Charges
Depending on the circumstances, a Las Vegas assault with a deadly weapon attorney has the potential to convince prosecutors that an NRS 200.471(2)(b) charge should be reduced to:
- Simple assault
- Simple battery
- Trespassing
All of these offenses are only misdemeanors. The standard sentence includes:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines (or equivalent community service time)
Criminal Offenses Related To Assault With A Deadly Weapon
Using A Deadly Weapon In The Commission Of A Crime
When a lethal weapon is used or carried while perpetrating an offense, the court will boost your sentence by one to twenty years. This augmented term should not surpass the punishment for the original crime. Let’s say you were charged with armed robbery (NRS 200.380) and handed 7 years in prison – then your total sentence could be no more than 14 years due to this extra requirement of up to seven additional ones.
Ex-Felon In Possession Of A Firearm
It is strictly prohibited in Nevada for convicted felons to possess firearms. Former felons caught with a firearm (NRS 202.360) commit a Category B felony, punishable by:
- 1 to 6 years in prison, and
- Up to $5,000 in fines (at the judge’s discretion)
202.360. Ownership or possession of firearm by certain persons prohibited; penalties.
1. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been convicted of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or a law of any other jurisdiction that prohibits the same or substantially similar conduct, committed against or upon:
(1) The spouse or former spouse of the person;
(2) Any other person with whom the person has had or is having a dating relationship, as defined in NRS 33.018;
(3) Any other person with whom the person has a child in common;
(4) The parent of the person; or
(5) The child of the person or a child for whom the person is the legal guardian.
(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
(c) Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of conviction or admonishment of rights pursuant to subsection 7 of NRS 200.575;
(d) Except as otherwise provided in NRS 33.031, is currently subject to:
(1) An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from possessing or having under his or her custody or control any firearm while the order is in effect; or
(2) An equivalent order in any other state;
(e) Is a fugitive from justice;
(f) Is an unlawful user of, or addicted to, any controlled substance; or
(g) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.
A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
2. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;
(b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
(c) Has been found guilty but mentally ill in a court of this State, any other state or the United States;
(d) Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or
(e) Is illegally or unlawfully in the United States.
A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
3. As used in this section:
(a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).
(b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.
Brandishing A Firearm
If all of the following conditions are met, drawing or brandishing a weapon in Nevada is considered to be an illegal act:
- The weapon is drawn, or brandished in an angry or threatening way.
- The weapon is a deadly weapon such as a gun, knife, sword, dirk, or any other deadly weapon.
- The drawing of the weapon takes place in the presence of at least two other people.
One of the primary aspects of weapon-related laws is that at least two other people must be present when someone displays a weapon. There are exceptions, such as law enforcement officers who are on duty and may draw their guns if needed. It’s important to note that brandishing a weapon is not synonymous with Nevada’s assault with a deadly weapon charge, which many mistakenly confuse them for being one and the same.
In Nevada, the charge of assault with a deadly weapon is considered to be a felony while exhibiting or brandishing a firearm in an intimidating manner is only categorized as a misdemeanor. As outlined by NRS 202.294, aiming your gun at someone – regardless if it’s loaded or not – can result in criminal charges and lead to serious repercussions. Drawing your gun and waving it around menacingly also falls under this crime category and carries hefty penalties when found guilty (NRS 202.320).
- Up to $1,000 in fines, and/or
- Up to 6 months in jail
Battery With Substantial Bodily Harm
Committing an act of Battery involving serious bodily injury is considered a felony offense, and can result in up to 15 years in prison. Inflicting unlawful physical force that causes extreme harm constitutes this crime.
Multiple Convictions
The court found that the appellant could have formed the requisite intent to commit assault with a deadly weapon. However, the appellant fired only one shot but was charged and convicted of three separate counts of assault upon three different individuals. Therefore, as the appellant discharged the rifle only one time, the appellate court held that he could be convicted once for assault with a deadly weapon. Powell v. State, 113 Nev. 258, 934 P.2d 224, 113 Nev. Adv. Rep. 29, 1997 Nev. LEXIS 30 (Nev. 1997).
Declarations, to become part of the res gestae, must accompany the acts which they are supposed to characterize, and so harmonize with them as to constitute one transaction; they are admissible as incident to the principal act, and because they are part of it, and are necessary to explain its true character. However, declarations made by a person assaulted, immediately after the assault, that it was the defendant who was the perpetrator of the crime were not part of the res gestae and were improperly admitted in evidence. State v. Daugherty, 17 Nev. 376, 30 P. 1074, 1883 Nev. LEXIS 35 (Nev. 1883).
Frequently Asked Questions
What If The Gun Wasn’t Loaded?
An unloaded pistol may, under certain circumstances, be used as a deadly weapon; e.g., if the assailant uses or attempts to use a pistol as a bludgeon, proof that it was loaded would not be required to support a charge of assault with a deadly weapon; rather, whether or not the weapon is deadly would, under these circumstances, be a question to be determined by the trier of fact. Loretta v. Sheriff, Clark County, 93 Nev. 344, 565 P.2d 1008, 1977 Nev. LEXIS 565 (Nev. 1977).
Although a pistol may be a deadly weapon under some circumstances without being loaded, where the alleged victim was not within striking distance of the defendant, although he was within shooting range, the pistol held in the defendant’s hand, capped, pointed at the alleged victim, and attempted to be discharged was not a deadly weapon unless it was loaded with something capable of wounding when discharged, and no presumption of such loading can arise under the statute. State v. Napper, 6 Nev. 113, 1870 Nev. LEXIS 29 (Nev. 1870).
What Is Considered A Deadly Weapon?
It is common knowledge that brandishing a gun or switchblade can lead to the “deadly weapon” designation on an assault charge. However, practically any sharp object or heavy item could qualify as this type of weapon if the prosecution believes it has enough evidence to show that you intended to use it against another individual. Therefore, be very mindful of what items are in your possession and never attempt to harm another person with them!
When you trust our Las Vegas assault with a deadly weapon lawyer to handle your defense, we will use our knowledge and experience to combat any assumptions that could lead to unfair charges. Even having a weapon on your person, in a holster even, can incur greater penalties than necessary if not taken into consideration. Rest assured knowing that with us as your representation, these types of issues won’t become an issue at all!
What Are The Defenses To Assault With A Deadly Weapon?
To ensure that you stay out of prison, we will utilize every available legal strategy at our disposal. In the event of assault with a deadly weapon, there are an array of potential defenses to pick from:
- Self-defense. Self-defense can often appear to witnesses as an attack, but it is essential for your lawyer to construct a narrative that accurately represents what occurred. Prosecutors are aware of this and may attempt to manipulate the situation; however, with a skilled attorney on your side, you have someone who will safeguard against these tactics and ensure justice is served.
- No intent. You don’t deserve to be incarcerated for months just because of some harmless, ill-advised tomfoolery that was misunderstood. It takes an experienced criminal defense lawyer, though, to challenge a prosecutor’s attempt at characterizing you as a violent offender. This protection also requires arguing that the supposed “victim” truly consented during whatever game or competition they were playing—for instance.
- Did not use a weapon. Despite the prosecution’s potential to leverage trivial evidence in order to inflict a harsh penalty, you don’t have to do this alone. With your assistance and your defense attorney’s aid, together you can establish sufficient proof that demonstrates there was no intention of using any kind of weapon for harm.
Are you in need of legal counsel for an assault with a deadly weapon charge in Las Vegas? Don’t hesitate to reach out. Contact our office today for a risk-consultation and learn more about how we can help you fight the charges.
What Is The Difference Between Assault With A Deadly Weapon And Battery?
In Nevada, assault with a deadly weapon is classified as a Category B felony if convicted in court. Despite this, however, there remains much confusion and misunderstanding surrounding the general definition of the crime of assault itself. Many individuals are quick to equate it with battery – two separate charges that can be brought together but actually differ significantly from one another.
- Assault – As defined in Nevada Revised Statutes 200.471, is the unlawful attempt of using physical force against another individual or creating reasonable fear of imminent bodily harm.
- Battery – According to Nevada Revised Statute 200.481, battery is any intentional and unlawful act of force or violence against another person.
Though both offenses necessitate the intent to do harm, distinguishing between assault and battery lies in whether physical contact was made. Battery is a crime that involves direct physical contact with another person; whereas assault only requires a clear threat or an attempted act of violence without any actual contact being implemented.
- Assault with a Deadly Weapon – Now that you are familiarized with the legal terminology, assault with a deadly weapon is more clearly understood as someone attempting or menacing physical harm to another individual utilizing an instrument deemed a “deadly weapon” by statute. A noteworthy component of this type of charge is that it remains active even if said deadly tool does not actually get utilized in the attack. By law, this charge is applicable not merely when a weapon is in the offender’s hand or on their body; it extends to weapons within an arm’s reach. The victim does not even need to witness the deadly weapon—they just must be aware of its presence and apprehend potential harm. Additionally, cases wherein someone attempts to harm another by throwing or hitting them with an object but fails still qualify under these circumstances.
Can I Be Deported For Assault With A Deadly Weapon Charges?
Gun-related convictions could lead to deportation for non-citizens in Nevada. If you are an immigrant accused of a crime, it is highly recommended that you consult with a Las Vegas assault with a deadly weapon attorney immediately. The District Attorney may be willing to negotiate the charges and lower them into something not deportable or possibly even drop the case altogether.
Contact Our Las Vegas Assault With A Deadly Weapon Attorney Today
Assault with the use of a deadly weapon is an intricate criminal charge in Nevada that requires immediate attention from a highly experienced Las Vegas criminal defense attorney. Do not wait to start mounting your defense against this serious allegation, contact the Spartacus Law Firm right away. We offer consultations to all clients and can help you better understand the best next steps to take in your case when building a defense.