Help! I’m Facing Assault with a Deadly Weapon Charges in Nevada

So you got arrested for assault with a deadly weapon in Nevada. That sucks. I’m sorry you’re going through this – facing criminal charges is scary. But don’t panic! There are things you can do to help your case. I’m here to walk you through it and provide some guidance. I’m not a lawyer, but I’ve done a bunch of research and talked to some legal experts to get the basics. Take a deep breath, grab a cup of coffee, and let’s figure this out together.

What is Assault with a Deadly Weapon in Nevada?

First things first – let’s make sure we understand what assault with a deadly weapon actually means legally in Nevada. The specific law is NRS 200.471(2)(b)[1]. Basically, it means either:

• You attempted to use unlawful physical force against someone using a deadly weapon, OR
• You intentionally made someone afraid that you were about to hurt them using a deadly weapon

You don’t actually have to injure the person. Just using or threatening to use a weapon is enough.

A deadly weapon can be a gun, knife, club, or anything else that could likely cause serious injury or death. Pointing an unloaded gun at someone can count as assault with a deadly weapon because the victim doesn’t know it’s not loaded.

How Serious are the Charges?

Assault with a deadly weapon is a category B felony[2] in Nevada. That’s pretty serious. If convicted, you could face:

• 1-6 years in state prison
• Up to $5,000 in fines

But that’s the maximum penalty. Many cases end up with lighter sentences like probation or reduced charges. But it’s still wise to take this seriously, because a felony conviction affects your rights and future.

What Should I Do Now?

The first thing you need to do is hire a criminal defense attorney. Seriously, don’t delay. An experienced lawyer is absolutely essential to help build your defense and negotiate with the prosecutor. I’d recommend finding one who specializes in assault and weapons charges.

Your attorney will investigate the circumstances, interview witnesses, and start working to get charges reduced or dismissed. In the meantime, don’t talk to the police or prosecutors without your lawyer present. Don’t post about your case on social media either. Let your attorney handle communications.

Possible Defenses to Assault with a Deadly Weapon

There are a variety of defenses your attorney may use, depending on what exactly happened. Here are some common ones:

• Self-defense – If you can show you acted in self-defense because you reasonably feared for your safety, the charges could be dismissed.
• Misidentification – If you can cast doubt on whether you were correctly identified as the assailant, that weakens the case against you.
• No deadly weapon – If you can show the alleged “weapon” doesn’t meet the criteria to be considered deadly, the charges could get reduced.
• No intent – If the incident was an accident and you didn’t intend to threaten or harm the victim, that could defeat the charges.
• No reasonable fear – If the alleged victim wasn’t reasonably afraid of being harmed, that could weaken the case.

Plea Bargains Are Common

Many assault with a deadly weapon cases end up with plea bargains to lesser charges like simple assault[3] or simple battery[4]. This avoids the risk and expense of trial.

If you plead guilty to a misdemeanor instead of a felony, the penalties are much lower. You may just get probation or community service instead of prison. An attorney can negotiate the best deal.

What Happens at Trial?

If your case goes to trial, the prosecutor has to prove these elements beyond a reasonable doubt:

• You attempted to use unlawful physical force against the victim or intentionally made them fear being harmed
• You used a deadly weapon or had the present ability to use one
• The victim’s fear was reasonable under the circumstances

Your attorney will closely examine the evidence and witness testimony to look for reasonable doubt. They may also vigorously cross-examine the witnesses.

Consequences if Convicted

If convicted of assault with a deadly weapon, here are some consequences you may face:

• Prison time – As mentioned earlier, 1-6 years in prison is possible but not guaranteed. Probation is also an option.
• Fines – Up to $5,000 in fines could be imposed in addition to prison time.
• Probation – If you avoid prison, you’ll likely get 1-5 years of supervised probation. You’ll have to follow conditions like random drug tests.
• Weapons prohibition – You’ll be banned from owning firearms if convicted of a felony.
• Employment issues – Many employers don’t hire people with felonies. It can hurt job prospects.
• Immigration issues – If you’re not a U.S. citizen, this could lead to deportation. Talk to an immigration attorney.
• Loss of rights – Felons lose rights like voting and jury service. Talk to your attorney about restoring these.

Don’t Panic, Take Action

I know an assault with a deadly weapon charge seems scary and overwhelming. But thousands have been in your shoes and moved on with their lives. The most important thing is to take it seriously and get a good lawyer on your side immediately. Listen to their guidance, and things will work out. You’ve got this!

Helpful Resources

Here are some useful articles and websites with more information:

• Assault with a Deadly Weapon in Nevada[5] – Detailed information on the law and possible penalties
• 10 Possible Defenses to Assault with a Deadly Weapon Charges[6] – Examples of legal defenses that could beat your case
• Finding the Best Criminal Defense Attorney for Your Case – Tips on choosing the right lawyer
• What to Do if You’re Arrested for a Crime – Crucial steps to take if detained or arrested
• Nevada Criminal Defense Lawyers Association – Directory of defense attorneys in NV
• Las Vegas Defense Group – Law firm specializing in assault and weapons charges

Don’t lose hope. With the right legal strategy, you can get through this. Stay positive and let me know if you have any other questions!