The Nevada Revised Statutes provide clear definitions for assault and battery:
NRS 200.471 Assault: Definitions; penalties
“Assault” means unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of bodily harm.
If the assault is made without the use of a deadly weapon, the person involved with be charged with a misdemeanor.
If the assault is done in Las Vegas and is made with a deadly weapon or the present ability to use a deadly weapon, the person will be charged with a category B felony, which carries with it a term in the state prison of not less than 1 year and no more than 6 years. A judge could rule that a fine of no more than $5,000 will be imposed in lieu of a jail sentence. The judge could also rule both jail time and a fine.
If the assault is carried out upon an officer, a provider of healthcare, a school employee, taxicab driver or transit operator performing their duties, the perpetrator will be charged with a gross misdemeanor. If the assault is carried out on any of these individuals with a deadly weapon, the penalty will shift to a category B felony, the details of which are outlined in the paragraph above. While uncommon, if an assault is carried out upon any of these individuals by someone on probation or a parolee or prisoner in lawful custody, the penalty will revert back to a category D felony unless the assault was carried out with a deadly weapon. Learn more about assault here. Check out our next blog post regarding harassment in Nevada.
If you or anyone you know is in trouble for this crime in Las Vegas or its surrounding cities, you need the best legal defense you can get. I am an expert in these matters and can help you. Please call me right now at 702-383-0090.
Douglas C. Crawford, Esq.