Assault with a deadly weapon in Nevada occurs when using a gun, knife, or another lethal object to place a person in reasonable or immediate bodily harm. It’s important to remember n individual doesn’t need to have used the weapon to cause harm; even having the weapon in reach can qualify as an assault with a deadly weapon. Since assault is an intent crime in Nevada, the defendant can only be convicted if he/she intends to cause someone else to feel the apprehension of being battered. If convicted, penalties for this crime include a category B felony, punishable by one to six years in prison and/or a fine up to $5,000. However, it’s possible to reduce this charge to battery, which will result in a misdemeanor charge, by taking a plea bargain. To do so, it’s critical to have an experienced Las Vegas assault defense attorney by your side to negotiate on your behalf and present your defense.
The Nevada Supreme Court has held that a district court may not enhance a primary substantive offense under more than one enhancement statute. For example, a primary substantive offense cannot be enhanced based on both the use of a deadly weapon under Nev. Rev. Stat. § 193.165 and the victim's age under Nev. Rev. Stat. § 193.167. Similarly, a primary substantive offense cannot be enhanced based on both the use of a deadly weapon under Nev. Rev. Stat. § 193.165 and the defendant's status as a habitual criminal under Nev. Rev. Stat. § 207.010
Nev. Rev. Stat. § 200.481 provides that battery is a felony if certain facts have been shown in addition to a willful and unlawful use of force or violence upon the person of another. When the primary offense statute provides different classifications of the offense based on certain facts, nothing in the Nevada Supreme Court's prior decisions prevents the district court from also applying a separate enhancement statute. This is true regardless of whether the additional facts addressed in the primary offense statute are characterized as an element of the primary offense or as a fact only relevant to sentencing. Whether characterized as an element of the offense or a sentencing factor, the additional facts are part of the primary offense statute, not a separate enhancement statute.