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Assault

Las Vegas Assault Lawyer 

Under Nevada law, assault occurs when an individual attempts to cause physical and bodily harm to another person. Assault can also cover any intentionally threatening act that can cause a reasonable person to fear impending violence. 

If you’ve been arrested for a violent crime such as assault, it’s important that you take immediate action to protect your rights and liberties by contacting Draskovich Horvath. Our Las Vegas criminal defense attorneys are award-winning and highly respected for their defense strategy. 

When you come to Draskovich Horvath, you will see firsthand the dedication we have for our clients and their futures. An arrest is not a conviction, and there is still hope to build the defense you need to combat these charges.

Our assault attorneys at Draskovich Horvath​ are ready to defend your rights. Call (702) 381-6590 today to schedule your free consultation.

Understanding Assault Laws in Nevada

In Nevada, "assault" and "battery" are frequently mentioned together, but they are distinct legal concepts. Under NRS 200.471, assault is defined as intentionally placing another person in reasonable apprehension of immediate bodily harm, or unlawfully attempting to use physical force against another, whereas battery involves the actual willful and unlawful use of force or violence upon another person.

Categories of Assault in Las Vegas

The severity of an assault charge in Nevada depends largely on the circumstances and the identity of the alleged victim:

  • Simple Assault: Usually charged as a misdemeanor, involving no deadly weapon and no "protected" victim.
  • Assault with a Deadly Weapon (ADW): A Category B Felony involving a firearm, knife, or even an everyday object (like a glass bottle or a heavy tool) used in a threatening manner.
  • Domestic Assault: Assault involving a spouse, former spouse, dating partner, cohabitant, family member, or someone with whom the accused shares a child. These cases are treated more seriously due to the domestic relationship and can carry enhanced penalties, mandatory counseling, and protective orders, even if no physical contact occurred.
  • Assault on a Protected Officer: Nevada law provides enhanced penalties if the victim is a "protected" class—such as a police officer, healthcare provider, or school employee—who was performing their official duties.

Penalties for Assault Convictions in Nevada

There are a number of factors that can impact the severity of your punishment. If officers find that you had the intention to commit a subsequent offense, such as grand larceny or robbery, in addition to the assault, your penalties will increase in seriousness. Even minor incidents that are charged as misdemeanors can result in jail time and fines.

Penalties for misdemeanor assault can include:

  • Up to 1 year in jail
  • $2,000 in fines

Penalties for felony assault can include:

  • Up to 6 years in Nevada State Prison
  • Up to $5,000 in fines

In Nevada, the potential sentence you face will also depend on who the alleged victim is and whether any weapons were involved. For example, allegations that the assault was directed at a family or household member, at a public officer, or at a person on the Las Vegas Strip during certain special events can expose you to enhanced consequences. 

Prosecutors may also seek more serious charges when they claim a deadly weapon was used, even if no one was physically injured. Understanding these nuances early allows us to evaluate your exposure, explain what may happen in Justice Court or at the Clark County District Court, and begin working toward the most favorable resolution available.

Collateral Consequences

As an experienced assault attorney in Las Vegas, we warn clients that the sentence is only the beginning:

  • Firearm Restrictions: A conviction for even a misdemeanor "crimes of domestic violence" or a felony assault results in the permanent loss of your Second Amendment rights under both state and federal law.
  • Deportation Risk: For non-citizens, an assault conviction involving a "deadly weapon" is often classified as a crime of moral turpitude or an aggravated felony, leading to mandatory deportation.
  • Professional Licensing: A violent crime conviction can result in the revocation of licenses for nursing, real estate, or gaming industry employment in Las Vegas.

Common Assault Defenses in Las Vegas

There are several defenses that may be raised in an assault case depending on the facts, including self-defense, defense of others, lack of intent, or mistaken identity. In many Las Vegas cases, alcohol, crowded venues, and security involvement mean that the initial story written in the report is incomplete or one-sided. 

We examine surveillance footage when available, interview witnesses, and look closely at how Metro or other agencies handled the investigation to determine whether your rights were respected and whether the evidence supports the level of charge that was filed.

If you are charged with assault in Las Vegas, the process will usually begin with an appearance in a local Justice Court or the Las Vegas Municipal Court, where early decisions about bail and conditions of release are made. Having counsel at this stage can affect whether you remain in custody at the Clark County Detention Center and how the prosecutor views your case going forward.

What to Do After an Assault Arrest in Las Vegas

An assault arrest can be overwhelming, particularly if it is your first experience with the criminal courts in Las Vegas. Concerns about your freedom, employment, and reputation are common, but the steps you take early can make a meaningful difference. 

Acting carefully and protecting your rights from the start can help limit the long-term impact of the charge while your case is pending.

  • Exercise your right to remain silent and ask for an attorney before answering questions, especially while in custody.
  • Have a trusted person gather information such as witness names, photos of injuries, and relevant messages or social media posts.
  • Avoid discussing the case with anyone other than your lawyer, including jail calls, texts, or online posts.
  • Keep all court paperwork and evidence and bring it to your first meeting with your attorney.
  • Attend every court date at the appropriate Las Vegas court and stay informed about your options as the case progresses.

Your Legal Rights After an Assault Charge

When facing assault charges, it’s crucial to recognize and understand your legal rights throughout the judicial process. At Draskovich Horvath, we prioritize empowering our clients by ensuring they are well-informed about their rights. This knowledge is vital in constructing an effective defense.

Your rights include:

  • The Right to Remain Silent: You do not have to speak to law enforcement without an attorney present.
  • The Right to Legal Representation: You are entitled to have an attorney represent you throughout your case, ensuring your interests are protected.
  • The Right to a Fair Trial: You have the right to present your case in front of an impartial jury.
  • The Right to Challenge Evidence: Your attorney can contest any evidence that was improperly obtained or is not relevant to your case.

Knowing your rights can significantly impact the outcome of your case. If you have questions or need guidance, don’t hesitate to contact our experienced legal team at Draskovich Horvath. We’re here to help you navigate the complexities of the legal system with confidence.

Why Choose Draskovich Horvath for Your Las Vegas Defense

When facing assault charges, choosing the right legal representation can make all the difference in the outcome of your case. At Draskovich Horvath, our commitment to our clients goes beyond just providing legal counsel; we are dedicated to building a robust defense tailored specifically to your unique situation.

Here's why you should consider partnering with us:

  • Personalized Approach: We treat every case individually, taking the time to understand your circumstances and concerns, which allows us to craft a defense strategy that aligns with your goals.
  • Proven Track Record: Our attorneys have a history of successfully defending clients against assault charges, offering you confidence that your case is in capable hands.
  • Extensive Knowledge: Our team stays updated on Nevada’s laws and regulations, ensuring that you receive the most accurate advice and representation.
  • Strong Communication: We prioritize clear and frequent communication, keeping you informed about the progress of your case and answering any questions you might have along the way.
  • Supportive Environment: We understand the stress and anxiety that legal issues can bring, so we strive to create a supportive atmosphere where you feel comfortable discussing your situation.

When you work with Draskovich Horvath, you also benefit from our experience handling complex matters in local courts throughout Clark County. We draw on more than three decades of collective criminal defense experience to analyze police reports, body camera footage, and witness statements for weaknesses that can be used in negotiations or at trial. 

Because we limit the number of cases we accept, we are able to prepare thoroughly, consult with appropriate resources when needed, and keep you involved in strategic decisions at each stage of your case. With Draskovich Horvath, you are not just another case; you are a valued client. Let us help you navigate this challenging time with compassion and expertise.

You Can Count on Us—Contact Our Assault Attorneys in Las Vegas Now

Facing the criminal justice system can feel like an uphill battle, but we’re here to ensure that you don’t face it alone. Your rights and interests are a top priority, and we proudly advocate on behalf of the criminally accused—as our client, you are no exception to this rule.

Our Las Vegas assault defense lawyers have the skill and experience to build the defense you need. Put us on your side of the courtroom today by calling (702) 381-6590 and scheduling your free consultation.

Frequently Asked Questions

Will I Go to Jail for a First-Time Assault Charge in Nevada?

Whether jail time is likely on a first-time assault charge depends on the specific allegation, your history, and the court handling your case. Some first-time offenders in Las Vegas may be eligible for alternative resolutions, such as suspended jail time, counseling, or other conditions instead of serving time in custody. A lawyer can review the facts, the prosecutor’s position, and the judge’s usual practices to help you understand what is realistic in your situation.

Can an Assault Charge Be Dropped If the Alleged Victim Does Not Want to Press Charges?

In Nevada, the decision to move forward with an assault case belongs to the prosecutor, not the complaining witness. While a reluctant witness or a request for the case to be dropped can be important information, the State may still choose to proceed if it believes there is enough evidence. Statements from the alleged victim and other witnesses can sometimes support negotiations for a reduction or dismissal, but they do not automatically end the case.

Will an Assault Conviction Stay on My Record Forever?

An assault conviction can remain on your record for many years, but Nevada law allows certain convictions to be sealed after a waiting period if you meet specific requirements. The waiting period and eligibility rules depend on whether the charge was a misdemeanor or felony and whether there were aggravating factors. Sealing a record does not happen automatically, so you would need to complete a separate process in the same county where the case was handled.

Hear It From Our Clients

At Draskovich Horvath, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Countless thanks for the splendid representation"
    I am particularly grateful for the masterful presentation you gave the District Attorney.
    - Alan
    "All the charges were dropped and the case was dismissed!"
    He was always there to answer our endless questions and many concerns.
    - Previous Client
    "Best lawyer ever!!"
    Robert is rank one of the top 100 trial attorneys in the US and his time like most lawyers is very valuable and very busy.
    - Edgar
    "Best Defense Attorney in town."
    He came highly recommended to me and I'm highly recommending him to you.
    - Previous Client
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