Assault is a crime in Nevada. It is defined in two ways by Nevada law. Assault can occur when a person intentionally makes another feel in fear of immediate physical harm. It can also occur when a person attempts to commit a battery against someone, but is unsuccessful in the attempt. A battery is an unlawful application of force used against a victim to cause injury or offensive touching.
What Is Assault Against a Protected Class?
Nevada recognizes certain protected classes against whom committing an assault is even worse that committing an assault against a normal person. Thus, assault against a protected class occurs when a person commits an assault against a member of one of the protected classes. It comes with a more serious penalty than assault against a non-protected person.
Who Is Considered a Protected Class in Nevada?
The state considered the following people in a protected class regarding criminal activity:
- Sporting officials at sporting events
- Taxi drivers
- Public transit operators
- School employees
- Correctional officers
- Healthcare workers
- Police officers
- First responders
- State officials
What Do Nevada Prosecutors Have to Prove to Convict Me of This Type of Assault?
In order to prove that a defendant is guilty of committing an assault against a protected class, a state prosecutor must prove:
- The defendant committed the assault on the victim
- The defendant intended to commit the assault or intended to commit a battery against the victim
- The victim was an individual in one of the aforementioned protected classes working in their capacity as a member of a protected class
- The defendant knew or should have known that the victim was a member of a protected class
What Is the Punishment for Assaulting a Member of a Protected Class?
The penalty is a gross misdemeanor which is:
- A year in county jail
- $2,000 fine
- Fine and time in county jail
However, if the perpetrator is on probation or parole or is currently serving a prison sentence, then the crime is a Category D felony. The punishment for a category D felony in the state of Nevada is:
- One to four years in prison
- A fine of up to $5000
- Both a fine and a prison sentence
Do I Need an Attorney for My Assault Crime?
It is important to hire a Nevada attorney for your assault charge. Your attorney will know the best way to positively resolve your case.