Assault is the intentionally making another person feel that he/she is about to be physically harmed. It is a separate crime from Battery which is intentionally harming someone physically. Assault is legally defined as: (1) Unlawfully attempting to use physical force against another person; or (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
To prove that a Nevada assault crime occurred, the prosecution must show that:
- you intended to commit the assault, and
- the alleged victim was aware of the assault while it was happening
Both assault and battery are “intent crimes.” That doesn’t mean you have to intend to harm someone to commit an assault or battery. However a key difference between assault and battery under Nevada law has to do with the level of awareness required by the alleged victim. If you are charged with assault, the prosecution has to prove that the victim was aware he/she was being assaulted at the time.
HOW MUCH TIME CAN I GET FOR AN ASSAULT OFFENSE?
In Nevada assault and battery can range from simple misdemeanors punishable by community service to very serious felonies punished with Nevada State Prison. Penalties for assault and battery tend to be more severe in Nevada if any of the following conditions is true:
- if deadly weapons were used or were available to be used during the alleged assault or battery;
- if inmates, parolees or probationers committed the alleged assault or battery;
- if the alleged victim sustained substantial bodily harm in Nevada
- if there was an intent to commit a greater crime (such as mayhem, robbery, grand larceny, sexual assault, or homicide); or
- if the alleged victims were a protected class, which includes police officers, state officials, firemen, jailers, teachers, school employees, judges, doctors, health care providers, taxi drivers, transit officials and even umpires at sporting events.
Penalties for assault range depending on a number of factors:
- A Nevada assault crime committed without a deadly weapon is a misdemeanor. The judge may impose six months in jail and/or a $1,000 fine. OR, the judge may impose community service instead of jail time.
- A Nevada assault crime committed with a deadly weapon is a category B felony. The judge may impose imprisonment for one to six years and/or a $5,000 fine.
- A Nevada assault crime committed against a protected class without a deadly weapon is a gross misdemeanor. The judge may impose imprisonment for 364 days and/or a $2,000 fine.
- A Nevada assault crime committed against a protected class with a deadly weapon is a category B felony. The judge may impose imprisonment for one to six years and/or a $5,000 fine.
- A Nevada assault crime committed against a protected class, by a prisoner, parolee or probationer, and without a deadly weapon, is a category D felony. The judge may impose imprisonment for one to four years and maybe a $5,000 fine.
- A Nevada assault crime committed against a protected class, by a prisoner, parolee or probationer, and with a deadly weapon, is a category B felony. The judge may impose imprisonment for one to six years and/or a $5,000 fine.
(If someone is charged with the mayhem in Nevada but the incident did not result in permanent injury, then the charge may be reduced to assault. NRS 200.300)
If the alleged battery is committed between family members, significant others or roommates, Nevada’s domestic abuse law may take over.
EXPERIENCED ASSAULT DEFENSE ATTORNEY
If you have been arrested for or charged with assault or aggravated assault, seek the counsel of a Reno criminal defense attorney with experience fighting violence related cases. We have successfully defended thousands of assault cases.
There are numerous defenses for assault, including lack of intent, self defense and consent. Lee knows all the defenses and can help you get the charges dismissed and can help you get the charges dismissed or reduced to a lesser offense.
If you have been arrested for assault or a aggravated assault, you deserve an experienced criminal defense attorney who will personally handle your case. Call Reno Nevada Law attorney Lee Hotchkin (775) 786-5791 – it’s what we do!