The state of Nevada strictly prohibits aggressive acts of violence and threats of violence. Under NRS section 200.471, assault is the crime you commit when you unlawfully try to use physical force against another person or put them under reasonable fear of serious bodily injury. Assault is a serious offense, and a conviction under this statute could result in serious legal consequences.
While simple assault may be a misdemeanor with a potential penalty of one year in jail, some situations could attract felony charges and a conviction. If you commit the crime of assault against a peace officer or use a deadly weapon, you may be charged with a felony whose conviction has serious and life-long consequences. If you or a loved one faces criminal charges for assault in Nevada, you must do everything to avoid a conviction.
What to Expect When Arrested For Assault in Nevada
An attempt to use physical force on another person or act in a manner that places them at risk of bodily harm could result in arrest and criminal assault charges. The state of Nevada takes allegations of assault very seriously, which makes its prosecution under NRS section 200.471 more stringent. Some of the common examples of situations that are viewed as assault under this statute include:
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Holding a knife on someone else’s throat.
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Trying to hit someone, but they evade.
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Throwing an object that could hurt someone directly toward them.
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Pointing a Taser gun at another person.
An assault conviction is not automatic, and to prove your guilt, the prosecution team must prove these elements beyond a reasonable doubt:
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You willfully and unlawfully tried to use physical force against the alleged victim. Before you face a conviction under this statute, your attempt to use physical force on another person must be clear. Even when a person defends themselves and does not suffer any harm under the circumstances.
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You put another person at risk of immediate bodily harm. This element of assault seeks to prove that you put the alleged victim at risk and acted in a way that made them fear their safety. Since assault uses force or puts someone in fear of harm, verbal threats cannot suffice as an actual threat or force. Even when you make threats and the victim feels that they may be hurt, you are not guilty of assault unless you act in a manner that produces immediate fear.
Difference between Assault and Battery
Many people do not understand the difference between assault and battery, which could bring confusion when you face an arrest and charges. The most significant difference between these two crimes is that assault attempts to touch someone unlawfully, while the battery is the actual touching. If you inflict fear of harm to a victim, you will be charged with assault under NRS 200.471.
However, if you carry out your threats or succeed in harming the victim, you will be charged with battery under NRS 200.481. The state of Nevada treats assault and battery as two separate offenses. Understanding the difference between these crimes will help you prepare for your defense.
Penalties for Assault in Nevada
The penalties you face following an assault conviction vary depending on the circumstances of your case. With no aggravating factors, assault is charged as a misdemeanor. A misdemeanor conviction under this statute will attract the following penalties:
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A minimum jail sentence of up to six months.
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A fine not exceeding $1,000.
When an aggravating circumstance in your assault case, your charge is treated as more than a simple misdemeanor. The district attorney will determine whether the aggravating circumstance exists during the prosecution and the penalty enhancement to impose. Some of the common aggravating factors for assault include:
Use of a Deadly Weapon
Assault with a deadly weapon involves using an instrument that could cause significant bodily harm to the victim or any material likely to cause injury to threaten another person. Some of the deadly weapons for this offense include guns, knives, and other normal items that could turn dangerous, like bricks.
If you used a deadly weapon to commit your assault crime, you will face felony charges whose conviction could land you in prison for six years. Additionally, you may have to pay fines of not less than $5,000.
Assault of a Protected Person
Assault is treated as a gross misdemeanor if the victim of the crime is a protected person. Individuals who are considered protected under this statute include:
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Police and peace officers
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Healthcare workers such as nurses, doctors, or emergency responders
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Taxi drivers
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Sports officials
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Transit operators
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School employees
The assault of a protected person in Nevada attracts a one-year jail sentence and a $2,000 fine.
You Intended to Commit a More Serious Offense
If you commit the crime of assault while in the middle of a more serious offense like a home invasion or robbery, your offense will be treated as a Class B felony which attracts a prison sentence of up to ten years. IF you tried to commit sexual assault against the alleged victim and you caused substantial injury, you risk facing a maximum sentence of life imprisonment without the possibility of parole.
You Committed the Crime while on Probation or Parole
The law allows probation and parole for defendants to be rehabilitated while living their lives at home. Assaulting someone while on parole is a violation of the parole and could result in harsher penalties. If you violate NRS 200.471 while on probation or parole, you will face felony charges, and a conviction could result in up to six years behind bars.
Additionally, when you assault a protected person while on probation or parole, you could face a minimum of four years in prison and $5,000 in fines.
You Caused Serious Bodily Injury
If you cause serious injury to a victim while committing the assault, your charge will be treated as a class B felony punishable by a prison sentence of one to six years. In addition, fines of $5,000 may be imposed.
Suspended Sentence for Assault in Nevada
A suspended sentence means that you are put on probation, and you may not need to spend any time in jail. Probation is not always available, and your attorney may need to negotiate with the prosecution to come to this agreement. If your sentence is suspended, the court could impose the following conditions:
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Victim restitution. Assault is a crime that could cause serious bodily and emotional trauma. Therefore, the court will order that you compensate the victim for the amount they spend to seek medical care or undergo psychological counseling.
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Restraining order. The judge will likely issue a restraining order requiring you to avoid contacting the alleged victim while on probation.
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Random drug and alcohol testing. You may be subject to urinalysis tests to prove that you are not using any controlled substance or alcohol during your probation period.
Legal Defense against Assault in Nevada
Assault is treated seriously under California law. However, not all charges are accompanied by sufficient evidence proving guilt. Facing an arrest under NRS 200.471 is not the end of life. You can assert the following defense strategies to fight the charges:
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Accident. Assault is a crime whose conviction requires a specific intent. If a person fears accidental injury you cannot be found guilty under this statute.
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False accusations. Unfortunately, allegations of assault resulting from false accusations are not uncommon. People often have different motivations for dishonesty, including revenge, jealousy, or even anger. You can do further investigations to uncover the false allegations with some legal guidance.
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Self-defense. Nevada law allows you to defend yourself to repel a risk of harm. Therefore, you can argue that the physical contact between you and the alleged victim was in self-defense. However, when using this defense, you must prove that you were in reasonable danger of harm and only acted with a necessary force to repel the harm against you.
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No offensive touching. Not every form of touching will suffice as assault under Nevada law.
After an arrest for assault in Las Vegas, NV, you could be detained in any of the following jails:
Las Vegas Detention Center
Las Vegas Community Correctional Facility
Clark County Detention Center
Some of the courts in Las Vegas, NV include:
Las Vegas Justice Court
Las Vegas Municipal Courts
Find a Skilled Bail Bonds Agent Near Me
Under Nevada Revised Statutes 200.471, it is a crime to use physical force on another person or place the person in reasonable fear of physical force. Engaging in any acts that result in applying force against another person could attract an arrest and criminal charges for assault. The consequences of an assault conviction are often very serious, which makes the stakes high for your case. In addition to the jail time and fines you face for this crime, having a conviction for assault could negatively affect your life.
After an arrest for this offense, you will remain in jail, awaiting your trial. Staying behind bars could be detrimental to your ability to speak freely to your lawyer and build a defense for your case. Fortunately, you can secure a release through bail while awaiting trial. Bail may be challenging to raise for many defendants. However, you can opt for a bail bond which is cheaper and more convenient. At Express Bail Bonds, we offer twenty-four-hour bail bonds services to all our clients to ensure that you do not spend unnecessary time behind bars in Las Vegas, NV. Call us today at 702-633-2245
