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
  • Firefighters
  • First responders
  • Judges
  • 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:

  1. The defendant committed the assault on the victim
  2. The defendant intended to commit the assault or intended to commit a battery against the victim
  3. The victim was an individual in one of the aforementioned protected classes working in their capacity as a member of a protected class
  4. 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.