Assault is the intentional creation of reasonable apprehension of harm. In other words, assault occurs when a defendant intentionally causes a reasonable person to fear that he or she will be physically harmed.
What Is Needed to Prove Assault?
In general, three things, or elements, are needed to prove assault:
- The defendant either intended to commit a battery or a assault against the victim
- The defendant placed the victim in immediate fear of being physically harmed
- The victim’s fear was reasonable
What Is Criminal Battery?
Criminal battery is the unlawful application of force against a victim. The force causes the victim some type of offensive or harmful contact, such as a wound or broken bone. Assault is not part of battery, even though it may be a failed attempt at battery. In many jurisdictions, including Nevada, it is a separate criminal charge.
What Is Assault If It Is Not Part of Battery?
In Nevada, assault is the crime of intentionally making a person reasonably apprehensive of immediate bodily harm. It is also criminal assault if a person unlawfully attempts to use force against another person.
Is Regular Assault the Same as Aggravated Assault?
No. In Nevada, aggravated assault is called assault with a deadly weapon. It is assault that is accomplished with the use of some type of instrument that may inflict harm or death.
What Is the Punishment for Assaulting Someone Without Using a Deadly Weapon?
The crime of regular assault is a misdemeanor crime punishable by:
- Six months in county jail
- $1,000 fine
- County jail time and a fine
- Community service instead of jail
Do I Need an Attorney for My Charge?
If you are facing an assault charge in Nevada, you will likely need the assistance of a lawyer in order to avoid the serious penalty of jail time. Contact a Nevada criminal attorney immediately to start fighting your assault charge.