Assault is defined in two ways. It can be the intentional creation of reasonable apprehension of harm. Assault can also be the attempt at a battery. Both can lead to a criminal charge.
What Is Battery?
Battery is the unauthorized or unlawful use of force against another individual. This unlawful force results in offensive or harmful touching of the victim.
Does Nevada Include Battery in Its Assault Crime Definition?
No, Nevada keeps battery and assault as separate crimes. Under Nevada law, assault is unlawfully attempting to use physical force against another person. The crime of assault is also intentionally placing another person in reasonable apprehension of immediate bodily harm.
What Is Assault with a Deadly Weapon in Nevada?
Assault with a deadly weapon is the unlawful attempt to use force against an individual by using a deadly weapon.
What Is a Deadly Weapon?
A deadly weapon is any type of instrument designed and created to inflict seriously bodily harm or death on an individual. A deadly weapon includes items like:
- Billy clubs
- Brass knuckles
What Does the State Need to Prove to Convict Me of This Crime?
To convict someone of assault with a deadly weapon, Nevada prosecutors must prove:
- The person committed an assault
- They intended to commit the assault or a battery
- They used a deadly weapon during the assault
What Is the Punishment for Assault with a Deadly Weapon?
Assault with a deadly weapon is a Category B felony. The punishment for this particular felony crime is:
- One to six years in prison
- $5,000 fine
- Fine and prison time
Do I Need a Lawyer for My Assault with a Deadly Weapon Charge?
An assault with a deadly weapon charge is a difficult charge to resolve on your own. Contact a Nevada lawyer to understand more about the criminal charge and how to resolve it.