There is no denying that charges of assault with a deadly weapon represent a serious threat to the freedom and well-being of those accused. Nevada treats this crime as a felony and imposes significant fines and possible incarceration for those convicted. If you or someone you love is facing charges of assault with a deadly weapon, it is important that you do not procrastinate when it comes to selecting a criminal defense attorney to help achieve a favorable resolution in your case. Give us a call at 702-545-7592 to schedule a free initial consultation.
Statutory Definition of Assault with a Deadly Weapon in Nevada
Pursuant to NRS 200.471, there are two critical aspects to a charge of assault with a deadly weapon. First, there must be an assault, and second, it must be made with a weapon considered capable of inflicting mortal injury.
The assault prong of the crime involves either an unlawful attempt to apply physical force to another, or the intentional placement of another in justifiable fear of immediate bodily injury. Thus, there does not necessarily need to be direct physical contact, just the apprehension of such contact.
For a weapon to be classified as deadly under the terms of the statute, it must, if used in its customary fashion, be certain or likely to inflict serious bodily injury or death. Alternatively, a weapon falls into the deadly category if, as used in the event at issue, is capable of causing serious injury or death.
Given the very serious nature of the penalties and the stigma attached to convictions for assault with a deadly weapon, those accused of such crimes should take comfort in the fact that several potential defenses to such charges exist, and can be pursued with the help of a skilled attorney. Some of the most commonly used defensive assertions include:
- Absence of reasonable apprehension of contact on the part of the victim
- Absence of intent on the part of the defendant
- Consent to the apprehension of contact
- Absence of a deadly weapon
How a Skilled Defense Attorney Can Help
Talented defense lawyers have the unique ability to quickly analyze the facts of a case, determine what types of evidence are available to prosecutors, and recognize what sorts of holes they likely have in their case against the accused. Las Vegas attorneys such as Benjamin Nadig with experience handling allegations of assault with a deadly weapon can work to alleviate the impact of conviction of this category B felony, or possibly secure a reduction in charges from a felony to simple assault or misdemeanor. Achievement of these types of charge reductions results in significantly lower penalties for defendants.
Our team stands ready to help you, 24 hours a day, 7 days a week. We are committed to providing unparalleled client service combined with technical criminal defense expertise. Contact the Law Office of Benjamin Nadig, Chtd today to arrange for your free initial consultation.