Nevada law stipulates that an assault can be charged as either a misdemeanor or a felony. The degree of criminal charges is determined by the circumstances surrounding your particular case. State law defines assault as the unlawful attempt to use physical force against another individual or to deliberately make another individual believe that you will cause them immediate bodily harm.
Whether you are charged with a misdemeanor or a felony, assault is a profoundly serious crime, and a conviction can stay on your criminal record forever and negatively impact your future opportunities. Contact the law offices of the Goodwin Law Group, PLLC of Las Vegas, NV, to schedule a free consultation.
Is Assault the Same Thing as Battery?
Often individuals will use the terms “assault” and “battery” interchangeably; however, in Nevada, they are actually two separate crimes. As stated previously, assault is the attempt to use force or threat of force. Battery, however, is the actual use of physical force such as hitting or punching another person. In other words, assault becomes battery once unwanted physical contact is made with another individual.
What Determines if an Assault is Charged as a Misdemeanor or a Felony?
In Nevada, if no aggravating factors are associated with the assault, it will be charged as a misdemeanor. Aggravating factors can include the age of the victim and whether the accused threatened the use of a weapon at the time of the assault. The potential penalties include up to 6 months in jail and/or a potential fine of up to $1,000.
If the assault was committed using a deadly weapon, it is considered to be a Category B felony in Nevada. If convicted, you could face up to 6 years in prison and/or a fine of up to $5,000. Furthermore, if the perpetrator committed the crime because of the victim’s race, sexual orientation, or religion, the court has the legal authority to impose an additional one to 20 years in prison.
Are There Any Legal Defenses to Assault Charges?
An assault charge is a profoundly serious crime, and if convicted, you could face life-long challenges that can cause you to have trouble obtaining employment and can even impact where you can live. However, assault charges often involve your word against that of the alleged victim, which can leave room for reasonable doubt.
A skilled Nevada criminal defense attorney can question witnesses and challenge the version of events that have been presented. This is why it is imperative that you seek legal representation as soon as possible if you have been charged with assault.
Do I Really Need to Hire a Lawyer if I Have Been Charged With Assault?
If you have been charged with assault, you need to hire a criminal defense attorney to represent you. Even though the crime of assault does not actually involve unwanted physical contact, it is considered to be a serious criminal offense in Nevada. The lawyers of the Goodwin Law Group, PLLC of Las Vegas, NV, have a vast amount of experience in successfully handling cases that involve assault. Contact our law offices by calling (702) 472 9594 to schedule a free consultation.