Is Assault with a Deadly Weapon a Felony?

Vegas man conceal carrying a gun

Being charged with a violent crime in Nevada is serious – particularly when that crime involves a weapon. Nevada categorizes assault with a deadly weapon as a Class B felony, and a conviction means significant jail time and steep fines.

If you’ve been charged with assault with a deadly weapon or another violent crime, you need help from a Las Vegas criminal defense attorney right away. At Adras & Altig, our collaborative approach and more than 40 years of experience make us able to provide exceptional legal representation for our clients. We are ready to fight to protect your rights and prepare a strong defense if your case goes to trial. Contact our office today to learn more.

What Is Assault with a Deadly Weapon?

You can find the state law defining assault in Section 200.471 of the Nevada Revised Statutes (NRS). This law broadly defines assault as unlawfully trying to use physical force against someone or intentionally placing them in a situation where they have a reasonable fear of immediate bodily harm. That last part is important, as it means you can be charged with assault even if you do not directly harm someone.

Assault with a deadly weapon is the crime of assault committed with the use of a weapon and is consequently a more serious crime. While simple assault is classed as a misdemeanor, assault with a deadly weapon is a Class B felony in Nevada.

Related Offenses

There are a few offenses that are distinct from assault but are related. Battery, as defined in NRS Section 200.481, is when someone willfully and unlawfully injures someone through physical force. You can be charged with assault just for threatening someone, but you need to actually hurt them to be charged with battery. Using a deadly weapon while committing battery entails stiffer penalties.

Robbery is another crime that might be committed along with assault. According to NRS Section 200.380, a person commits robbery when they take someone else’s property directly off their person or in their presence using force or the threat of force. As with battery, using a deadly weapon during a robbery carries stiffer penalties for the offender.

Penalties for a Nevada Assault with a Deadly Weapon Charge

A simple assault charge in Nevada is considered a misdemeanor if no deadly weapon was used and the victim was not a member of a protected group (healthcare workers, police, firefighters, state employees, school employees, security guards, etc.). However, assault with a deadly weapon is always a Category B felony in Nevada, punishable by one to six years in prison, up to $5,000 in fines, or both.

Contact a Las Vegas Criminal Defense Lawyer Today

If you’ve been charged with assault with a deadly weapon in Nevada, you need help from an experienced criminal defense attorney immediately. At Adras & Altig, we know how to investigate your case, craft a compelling defense, and effectively advocate for you at trial. Contact us to speak with one of our experienced Las Vegas criminal defense lawyers today.

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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.