What is Assault with a Deadly Weapon?
Assault with a deadly weapon is a serious criminal accusation. The crime has two parts: one, that you assaulted someone else, and two, that you used a deadly weapon to commit the underlying assault.
What are the Penalties?
Assault with a deadly weapon is a Category B felony, which means it is the second highest level of felony in Nevada. The penalties can include 1 to 6 years in prison and up to $5,000.00 in fines.
Assault with a deadly weapon is a category B felony in Nevada carrying:
What Statute Criminalizes Assault with a Deadly Weapon in Nevada?
The Nevada legislature has made assault with a deadly weapon a crime under NRS 200.471. The important parts of that statute are as follows:
NRS 200.471(1)(a):
“ (a) “Assault” means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.”
NRS 200.471(2)(b):
“(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
What are some Defenses to Assault with a Deadly Weapon?
Every case is different, but some common defenses to an allegation of assault with a deadly weapon would include:
- Self-defense – you did scare someone with a weapon, but only when you had the right to do so for lawful self-defense.
- Defense of others – you did scare someone with a weapon, but only when you had the lawful right to do so to defend someone else.
- There was an assault, but it did not involve a deadly weapon.
- There was no assault.
- There was no specific intent.
- Mistaken identity – someone committed this offense, but the police have the wrong suspect.
- False accusation – someone with a motive to harm you has fabricated the allegation against you.
Can an Assault with a Deadly Weapon Charge be Negotiated?
If you hire an attorney to fight for you, your chances of getting your case dismissed, or reduced to a lesser charge, can be improved. Your defense attorney will oversee a complete investigation into the allegations against you and find any weakness in the prosecution's case.
If there are no weaknesses in the prosecution's, a reduced plea deal can still sometimes be negotiated, especially if the defendant is willing to take an active role in showing they have learned from this experience (such as doing community service, going to alcohol or drug treatment, etc.).
Even if a case cannot be dismissed, your attorney can work to get you a favorable plea negotiation. In an Assault with a Deadly Weapon case, a common negotiation strategy would be to attempt to get the case negotiated down to a simple assault or battery, or to negotiate a plea deal with stipulated probation.
Call our attorneys today to let us start fighting on your behalf.