Assault with a deadly weapon, which can also be referred to as aggravated assault, is a felony charge that hundreds of Las Vegas locals and visitors are charged with every year. If convicted, it carries serious criminal penalties, such as a permanent criminal record, the loss of civil rights, incarceration, and fines, so finding a quality criminal defense attorney is imperative.
What is Assault with a Deadly Weapon?
Many people confuse the terms assault and battery, but if you look at the two terms together, it is clear. Assault is defined in NRS 200.471 as attempting or threatening physical force on another, where battery is punching, kicking, hitting or physically hitting with an object. Assault can be even looked at as attempted battery because it is only an attempted act of battery.
The “deadly weapon” is defined in NRS 193.165 is any instrument, device, weapon, material or substance that is used or threatened to be used and is completely capable of producing substantial bodily harm or death. Common items included are firearms, knives, cars, and even furniture.
Simple assault is a misdemeanor, a lesser charge than an assault with a deadly weapon, which is a category B felony. If convicted, the defendant could receive 1-6 years in the Nevada Correctional System. With a skillful lawyer who has represented many clients for this charge, the prison time could be reduced or exchanged for probation, but, by statute, the probation time can be as much as 5 years.
This is a simplified introduction to assault with a deadly weapon. To discuss the details of a criminal offense contact Potter Law Firm.