Assault under Nevada Law
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.
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 a Las Vegas criminal lawyer. I have more than 30 years’ experience in these matters and can help you. Please call me right now at 702-383-0090.
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What constitutes assault in Nevada?
In Nevada, an assault occurs when one person attempts to strike or harm another individual with a hand or object and misses. An assault is any intentional action or threat of action that makes a person feel afraid of bodily harm.
How can assault be proven?
When you’re facing an assault charge, it’s important to realize there are three elements that must be present for a conviction. An intentional unlawful warning, a demonstrated ability to execute the threat, and the formation of a well-founded fear of violence are all necessary components.
How do assault charges work?
You must have the ability to apply force now and may not have acted in self-defense or defense of another person. Simple Assault is a petty misdemeanor crime. A conviction can lead to imprisonment for six months, a fine of up to $1,000, or both jail time and a fine.
What happens when you physically assault someone?
A stranger assaults you physically, with or without the use of a weapon, or threatens to harm you. It comprises hitting, pushing, kicking, punching, throwing objects at others, using weapons on others and physically restraining another person.
Is spitting on someone assault in Nevada?
Spitting on someone is now considered a misdemeanor battery in Nevada. In her judgment, Justice Nancy Saitta wrote that spitting on another person qualifies as the use of force or violence as defined in the statute.
Is it hard to prove assault?
The defendant does not have to be found guilty in a criminal trial or even accused of a crime. In fact, someone who has been declared “not guilty” might still be sued and lose money. This is because civil assault allegations do not need to meet the same high degree of proof as criminal accusations.
Can an assault be verbal?
Verbal assault is any statement or action, oral or written, that might reasonably be expected to cause another person to feel fear of bodily harm or damage, or the use of insulting language directed at a person, which is likely to incite a reasonable person to physical violence.
Is shouting at someone illegal?
Verbal abuse, whether it is repeated or not, may be considered harassment and result in civil penalties. Fraud charges or even perjury allegations may result from lies and misrepresentations. The court ruled that “Yelling fire falsely in a theater” might be considered a crime when people are unnecessarily afraid.
Is slapping someone an assault?
Assault, in general, is a crime of violence. Physical contact is necessary. … The term’s meaning may extend to the intentional application of force or violence against another person, however small it may be. Shoving, grasping, pulling, slapping, punching, or striking the victim with anything are all examples of physical contact.
How serious is a common assault charge?
The least serious of the assault offenses is common assault. It is covered by s39 of the Criminal Justice Act 1988. In the case of common assault, the number of injuries inflicted on the victim, whether he or she is defenseless, and multiple assaults on the same person are among the elements that might render it more severe.