WHAT IS ASSAULT?

NRS 200.471 defines assault as “unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.” In simple terms, assault can either be defined threatening to hurt or cause bodily harm to another individual or putting an individual in a situation where he/she can be hit or injured.

PENALTIES FOR ASSAULT CHARGES:

The penalties for an assault charge vary based on whether or not the accused used a deadly weapon and who the assault was committed towards. Harsher penalties apply if the assault was committed towards any of the following individuals:

  • Officer

  • Health care provider
  • School employee
  • Taxicab driver
  • Transit operator
  • Sports official

 If the assault was not performed on any of the individuals listed above and was not done with the use of a deadly weapon, you are guilty of a misdemeanor and will be punished:

  • A maximum of 6 months in a county jail; and/or

  • A fine of no more than $1,000.

If the assault was performed on any of the individuals listed above and was not done with the use of a deadly weapon, you are guilty of a gross misdemeanor and will be punished:

  • A maximum of one year in a county jail; and/or

  • A fine of no more than $2,000.

If the assault was performed on any of the individuals listed above and was done with the use of a deadly weapon, you are guilty of a category B felony and will be punished:

  • A minimum of one year and a maximum of 6 years in a state prison; and/or

  • A fine of no more than $5,000.

If the assault was performed by a prisoner, parolee, or probationer on any of the individuals listed above and was not done with the use of a deadly weapon, you are guilty of a category D felony and will be punished:

  • A minimum of one year and a maximum of 4 years in a state prison; and/or

  • A possible fine of no more than $5,000.

If the assault was performed by a prisoner, parolee, or probationer on any of the individuals listed above and was not done with the use of a deadly weapon, you are guilty of a category B felony and will be punished:

  • A minimum of one year and a maximum of 6 years in a state prison; and/or

  • A fine of no more than $5,000.

 DEFENSES TO ASSAULT CHARGES:

There are several defenses to assault charges that can help clear you of a conviction.

  • The assault occurred due to self-defense.

  • The victim consented to the assault.

Because every case and situation is different, it is vital that you contact a qualified attorney. Adrian Lobo is an experienced Las Vegas criminal defense attorney who has dealt with several assault cases and has helped clients get the help and results they deserve. Contact Adrian Lobo today and schedule a consultation in order to discuss your assault charges.

If you have been charged with assault with a deadly weapon, please click here to learn more information.