We use the word “assault” quite a bit in casual conversation without worrying too much about its technical criminal legal definition. If someone is accusing you of assault, though, you need to know exactly what that means, what the state will try to prove, and how your lawyer will defend you against these criminal assault charges. It’s easy to make two different kinds of mistakes: On the one hand, failure to take an accusation seriously, not realizing that a misunderstood joke can be considered assault. However, even if you think you can’t avoid an assault conviction, you should fight the charges to make sure the prosecution does not violate your rights. Weiner Law Group is ready to take your side and ensure your fair treatment at the hands of the law.
What Assault Means
In the legal world, assault is the act of causing another person to fear an immediate attack. Such an attack is typically termed “battery,” and the two terms often appear together when an actual physical attack has been claimed. It is critical to note, however, that you can be convicted of assault without laying a finger on anyone. A threat to use illegal force against another person is enough to get you arrested and charged with assault.
Don’t assume that you will be able to explain to the judge what really happened. If the state decides to prosecute you, it intends to prove its case and hit you with the most severe penalty possible. A skilled lawyer will put together a collection of evidence and bystander testimony that will make it look as if you truly intended to attack a victim. You need an equally, or better qualified Las Vegas attorney at your side to show the court what really happened.
Penalties for Assault
An assault conviction will cost you thousands of dollars, several months in jail, or both. The exact penalties differ based on the nature of the incident; whether you had a “deadly weapon;” and who the alleged victim was. Keep in mind, when it comes to being criminally charged with assault- if the victim was a police officer, teacher, doctor, or other protected citizen, the consequences are higher.
The best way for your attorney to defend you against an assault charge is to show that you did not truly intend to commit an illegal act of violence. Often, a “victim” simply overstates what happened, or misinterprets innocent statements as threats. If bystanders also misunderstand what was going on, the prosecution can use that testimony to quickly make a person look like a criminal. When you let Weiner Law Group take your side, you will have a powerful defense against such contrived evidence.
If you’re facing assault charges in Nevada, you need an experienced criminal attorney to defend your rights, call 702-202-0500 or fill out our contact form.
More information on Assault
Any type of assault charge is serious, but “assault with a deadly weapon” raises the stakes even further. If the prosecutor in your cases is able to convince the court that you used or even had immediate access to a deadly weapon during the course of an assault, your penalties will be much more severe. Read more
Nevada has no unique penalties for the use of a assault with a firearm. A firearm is always classified as a “deadly weapon,” which adds thousands of dollars and extra jail time to an assault conviction. Read more
A charge of battery is considered domestic violence if the alleged victim is either closely related to you, shares living space with you, or is closely connected with your child (like a guardian or divorced parent). Battery domestic violence accusations are often difficult to prove, because there are usually few or no witnesses. Read more