While assault is considered a serious offense in Nevada, assault with a deadly weapon can contain even more detrimental punishments and consequences on the individual. An assault with a deadly weapon conviction can result in a lengthy prison sentence and can have many additional punishments as well. 

WHAT CONSTITUTES ASSAULT WITH A DEADLY WEAPON?

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.  

NRS 193.165(6) defines a “deadly weapon” as any instrument that can cause substantial bodily harm or even death. Examples of “deadly weapons” include guns, knives, cars, or even pillows because they are all capable of causing substantial bodily harm or even death.

It is important to note that any item can essentially be considered a deadly weapon even if it was not designed to inflict harm. 

EXAMPLES OF ASSAULT WITH A DEADLY WEAPON:

All of the examples listed below constitute assault with use of a deadly weapon.

  • Pointing a gun at someone.

  • Driving your car recklessly into another person. 

  • Chasing someone with a baseball bat. 

PENALTIES OF ASSAULT WITH A DEADLY WEAPON:

Assault with use of a deadly weapon is considered a category B felony and can be punishable of:

  • A minimum term of 1 year and a maximum terms of 6 years in a state prison, and/or

  • A fine of no more than $5,000. 

DEFENSES TO ASSAULT WITH A DEADLY WEAPON CHARGES IN LAS VEGAS:

  • Self-defense. If you believed you were in immediate danger, self-defense is a valid defense to the Assault with a Deadly Weapon charge.
  • You were unable to carry out the threat. For example, if you threaten to kill someone with a gun in your pocket, but you were not in possession of the gun nor did you have it in your pocket, this is considered a valid defense to the Assault with a Deadly Weapon charge. 

Because every case is different, you should contact an experienced Las Vegas criminal defense attorney about the specific facts of your case in order to receive the proper legal advice and help you deserve. Contact Adrian Lobo today for a consultation in order to discuss your Assault with a Deadly Weapon charges.