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
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.
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).