Arrested or Charged with Assault with a Deadly Weapon (NRS 200.471) in Nevada?

Facing Assault Charges in Nevada? Here’s What You Need to Know.

Being arrested or charged with assault with a deadly weapon in Nevada is a serious legal situation that can permanently impact your freedom, reputation, and future. If you’re accused under NRS 200.471, the state may seek harsh penalties—including prison time and significant fines—especially if the alleged victim is a protected person, such as a police officer or healthcare worker.

At Benjamin Durham Law Firm, we help individuals fight back against assault charges and avoid life-altering consequences. If you or a loved one is facing these allegations, here’s what you need to understand about your rights, the law, and your best path forward.

What Is Assault with a Deadly Weapon Under NRS 200.471?

In Nevada, assault is legally defined as either:

• Attempting to use unlawful physical force against someone, or
• Intentionally placing someone in reasonable fear of immediate bodily harm.

If this assault involves a deadly weapon—anything capable of causing substantial injury or death—the charges are elevated dramatically.

Examples of deadly weapons include:

• Firearms (loaded or unloaded)
• Knives
• Baseball bats
• Tools or heavy objects when used threateningly
• Vehicles used to intimidate or harm someone

Assault with a deadly weapon is classified as a Category B felony under NRS 200.471(2)(b). Conviction can result in:

• 1 to 6 years in state prison, and/or
• Up to $5,000 in fines

When Do Assault Charges Become Even More Severe?

The context and who the alleged victim is can make matters even worse. Nevada law provides enhanced penalties when an assault (with or without a deadly weapon) is committed against:

• Law enforcement officers
• School employees
• Healthcare providers
• Public utility workers
• Firefighters
• Transit operators
• Sports officials at events
• Taxicab drivers

If the defendant knew—or should have known—the victim belonged to one of these protected categories, the offense may still be treated as a Category B felony even if a deadly weapon wasn’t used. This is especially true if the defendant is already under state supervision, such as being on parole, probation, or incarcerated.

Assault vs. Battery in Nevada: Know the Difference

Many people confuse assault with battery, but they are legally distinct:

• Assault is a threat or attempt to cause harm—no physical contact is necessary.
• Battery, under NRS 200.481, involves the actual use of force or violence against another person.

For example:

• Pointing a gun at someone = assault with a deadly weapon
• Shooting or hitting them = battery with a deadly weapon

Both crimes carry severe consequences, but the physical element of battery typically results in even harsher penalties, especially if the victim suffers “substantial bodily harm” or if strangulation is involved.

What Must the State Prove to Convict?

In order to convict someone of assault with a deadly weapon, the prosecution must prove beyond a reasonable doubt:

1. Intentional action by the defendant
2. That the action either attempted or caused fear of immediate harm
3. A deadly weapon was involved or available for use

Intent and proximity matter. For example, if someone brandishes a weapon but was too far away to cause immediate harm—or if the person didn’t know they were being threatened—this could form the basis for a strong defense.

Possible Defenses to Assault with a Deadly Weapon Charges

Every case is unique, but some of the most effective defenses we use at Benjamin Durham Law Firm include:

1. Self-Defense or Defense of Others

If you reasonably believed you or someone else was in immediate danger, and your use of force was proportionate, you may be legally justified.

2. Lack of Intent

Assault charges require intent to threaten or harm. If the action was accidental or misinterpreted, you may have a valid defense.

3. False Allegations or Mistaken Identity

Unfortunately, people are sometimes falsely accused due to personal disputes or mistaken identity. We investigate these claims thoroughly.

4. Weapon Was Not Deadly

Not all objects are legally “deadly weapons.” If the prosecution cannot prove the item was capable of causing serious harm, your charge may be reduced.

5. No Reasonable Apprehension

If the victim wasn’t actually placed in fear of harm (and no physical action was taken), the elements of assault may not be satisfied.

Consequences of a Conviction

If convicted, you may face:

• A felony on your criminal record
• Up to 6 years in prison
• Hefty fines
• Loss of gun rights
• Immigration consequences (for non-citizens)
• Difficulty securing jobs, housing, or professional licenses

And if you’re accused of assault while on probation, parole, or in custody, you may face Category D or upgraded Category B felony charges, potentially increasing your sentence or affecting parole eligibility.

Why Hiring a Nevada Assault Defense Lawyer Matters

Assault with a deadly weapon charges are not “minor.” Prosecutors often pursue the maximum penalties, and judges rarely show leniency without strong legal arguments. A skilled defense attorney can make the difference between freedom and incarceration.

At Benjamin Durham Law Firm, we:

• Investigate the facts and police conduct
• Analyze witness credibility
• Challenge improper search or seizure of weapons
• Seek case dismissals or reductions when evidence is weak
• Negotiate with prosecutors for favorable plea deals
• Aggressively represent clients at trial when necessary

We have a proven track record of defending clients against assault and battery charges in Clark County, Las Vegas, Henderson, and across Nevada.

Arrested or Charged? Act Now.

Time is critical. Evidence can disappear. Witnesses’ memories fade. And prosecutors move fast.

If you or someone you love has been arrested or charged with assault with a deadly weapon in Nevada, do not wait to get legal representation. The earlier we get involved, the better chance we have to protect your rights, challenge the allegations, and fight for your future.

Contact Benjamin Durham Law Firm Today

At Benjamin Durham Law Firm, we understand that a single accusation doesn’t define you—and it shouldn’t destroy your life. We offer honest, strategic, and aggressive criminal defense for people facing some of the most serious charges under Nevada law.

Call us today for a confidential consultation.

Let us help you take control of your case—before the system takes control of your life.