Assault With a Deadly Weapon
In the state of Nevada, assault with a deadly weapon is a serious felony offense. The short-term effects of a conviction can include jail time and a hefty fine. However, the long-term effects can also have an impact on your future lifestyle. With the frequency in which background checks are used, a felony on your criminal record can close many doors in employment, education, and housing. With what you stand to potentially lose, it's critical that you take all of the steps to avoid this outcome as soon after the arrest as possible.
Las Vegas Attorney for Assault with a Deadly Weapon
An experienced defense attorney can be an asset to have when combating charges of assault with a deadly weapon. If you have been charged with this offense or suspect you may soon be, Las Vegas defense attorney Joel M. Man is prepared to fight hard in your defense. With nearly a decade of experience, Joel M. Man has represented men and women throughout Clark County and the surrounding areas who have been charged with alleged violent crimes and weapon offenses.
The first step towards fighting for a favorable outcome is learning about the charges you face and the most beneficial defense strategies. Contact the Law Office of Joel M. Mann for a free, initial consultation to discuss your case. Joel's knowledge and strategic trial experience will be at your side, every step of the way. For more information, call (702) 474-6266.
Assault Definition under Nevada Law
Nev. Rev. Stat. § 200.471 defines assault as unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable fear of immediate bodily harm. In Nevada, the term assault does not have to involve actual touching of another person. If a person intentionally acts in a threatening or intimidating manner that gives the alleged victim reason to believe they will be harmed, he or she can be charged with assault.
Deadly Weapon Definition in Las Vegas
According to Nev. Rev. Stat. § 193.165, a deadly weapon is defined as any instrument that will result in substantial bodily harm or death if used in the item’s ordinary manner. Any weapon, device, instrument or material that could cause bodily harm or death can be considered a deadly weapon in Nevada. This also includes attempts or threats of causing bodily harm or death.
Nevada’s laws state that the following items are considered 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 firearm
- A paint gun
Nevada’s Definition of Assault with a Deadly Weapon
Assault with a deadly weapon in Nevada is defined as an assault made with the use of a deadly weapon or an assault made with the ability to use a deadly weapon. If an individual has the weapon on their body or within their reach, they could potentially be charged with an assault with a deadly weapon, even if they didn’t use the weapon or show it. Typically Assault with a Deadly Weapon will entail the act of pointing a lethal weapon at another person. However, it can be an act where a person throws something, like a brick or a rock, at another and misses.
Penalties in Las Vegas for Assault with a Deadly Weapon
In Nevada, assault with a deadly weapon is classified as a category B felony. If an individual is convicted of an assault with a deadly weapon, he or she could face 1 to 6 years in prison and/or a fine up to $5,000.
The same penalty applies if the individual is convicted of assault with a deadly weapon against a police officer, school employee, health care provider, taxicab driver or transit operator who is performing their duty, a sports official, or a probation officer while they are performing their duty.
Defenses to an Assault with a Deadly Weapon Charge
An arrest for assault with a deadly weapon does not mean that conviction with follow. An experienced defense attorney understands the nuance behind Nevada laws and uses weaknesses in the prosecution to cast doubt in their case. Among the many defenses that a criminal attorney can purse are:
- Lack of Intent - Your attorney may be able to demonstrate you lacked intent. An assault charge requires the element of intentionally causing fear in another person. If you did not have the required intent to cause this offense, your attorney may be able to use this defense on your behalf.
- Self-Defense - In Nevada, you are permitted to defend yourself against immediate bodily harm as long as you do not use more force than is necessary. If your lawyer can show that you reasonably acted in self-defense, then a motion may be filed to dismiss the charges against you.
- No Deadly Weapon - If your attorney can show that a deadly weapon was not present during the assault, your charges could potentially be reduced to the lesser included offense of assault, which is a misdemeanor, or dismissed altogether.
Law Office of Joel M. Mann | Assault with a Deadly Weapon Lawyer in Las Vegas
If you or someone you know has been charged with assault with a deadly weapon in Las Vegas or in a surrounding Clark County community, contact the Law Office of Joel M. Mann. It is important to hire a Las Vegas firearm defense lawyer who will make every effort to create a solid defense, by exploring mitigating factors of the alleged offense and analyzing the prosecution's strategy. Call the Law Office of Joel M. Mann at (702) 474-6266 today for a free consultation on your assault with a deadly weapon charge.