Assault

Passionate, experienced, energetic lawyers that will fight for you.

Richard P. Davies, Esq. has been defending clients for nearly 20 years. He is a highly experienced and reputable trial attorney who has the professional skill and knowledge to champion your defense in the courtroom. He is also supported by a powerful and experienced team, which ensures that you have multiple attorneys on your individual case.

Assault FAQ

What constitutes assault?

According to NRS 200.471, assault is an attempt to cause physical injury to another person, such as attempting to strike someone with a hand or object and missing. Assault is also any intentional act or threat of action that reasonably causes a person to feel afraid of impending violence.

Note that words alone do not constitute assault, but if an offender also takes some sort of threatening move like raising a fist, they have committed assault.

Is assault a misdemeanor or a felony?

Assault can be charged as a misdemeanor or a felony, depending on the circumstances and alleged victims. Simple assault is a misdemeanor. In most cases, assault committed against a protected victim while they are in the performance of their duties is generally a gross misdemeanor.

These protected victims include:

  • Police Officers
  • Firefighters
  • Corrections Officers
  • Judges
  • Sports Officials at Sporting Events
  • Healthcare Providers
  • School Employees
  • Taxi Drivers
  • Public Transit Operators

A defendant who is in prison, parole, or probation and commits assault against a protected class member as above will be charged with a Category D felony.

What are the penalties for misdemeanor assault?

Misdemeanor assault is punishable by a range of jail time and fines, depending on the specific circumstances.

General Simple Misdemeanor Assault

  • Up to 6 months in jail
  • Up to $1,000 in fines
  • Possibility to substitute 200 hours community service instead of jail time

Misdemeanor Assault Against a Protected Class

  • Up to 364 days in jail
  • Up to $2,000 in fines
  • Possibility to substitute 600 hours community service instead of jail time

Misdemeanor Domestic Assault — 1ˢᵗ Offense

  • 2 days to 6 months in jail
  • 48 - 120 hours of community service
  • $200 - $1,000 in fines

Misdemeanor Domestic Assault — 2ⁿᵈ Offense

  • 10 days to 6 months in jail
  • 100 - 200 hours of community service
  • $500 - $1,000 in fines

What constitutes felony assault?

Assault committed with the use of a deadly weapon is strictly felony assault. A deadly weapon here is defined as either a weapon that is inherently likely to cause significant injury or death (e.g., gun, large knife) or an object that is capable, under the circumstances, of causing significant injury or death (e.g., large metal pipe).

Additionally, in special cases, misdemeanor assault offenses can actually be charged as felonies. For instance, a defendant who is in prison, parole, or probation and commits assault against a protected class member as above will be charged with a Category D felony. A third domestic violence conviction (within 7 years) is also a felony instead of a misdemeanor, punishable as a Category C felony.

What are the penalties for felony assault?

Assault committed with the use of a deadly weapon is strictly felony assault. A deadly weapon here is defined as either a weapon that is inherently likely to cause significant injury or death (e.g., gun, large knife) or an object that is capable, under the circumstances, of causing significant injury or death (e.g., large metal pipe).

Felony Assault (Category B Felony)

  • 1 - 6 years in prison
  • Up to $5,000 in fines
  • Increases to 1 - 20 years in prison if the defendant allegedly committed the assault due to the other person’s race, religion, sexual orientation, or other special characteristics.

3ʳᵈ Strike Domestic Violence within 7 years  (Category C Felony)

  • 1 - 4 years in prison
  • Up to $5,000 in fines

Probation, Parole, or In Prison & Assault on Protected Class (Category D Felony)

  • 1 - 4 years in prison
  • Up to $5,000 in fines

Additionally, in special cases, misdemeanor assault offenses can actually be charged as felonies. For instance, a defendant who is in prison, parole, or probation and commits assault against a protected class member as above will be charged with a Category D felony. A third domestic violence conviction (within 7 years) is also a felony instead of a misdemeanor, punishable as a Category C felony.

If you have been charged with assault in Reno, Sparks, or Northern Nevada, do not hesitate to contact Richard P. Davies, Esq. as soon as possible to get started on your defense. Whether you face misdemeanor or felony assault charges, our legal team is prepared to fight for mitigated or even dismissed charges.

Have questions about your case? Looking for an experienced Reno attorney to take charge? Call now to schedule your consultation at (775) 360-6894.

Contact Richard P. Davies, Esq. 

Experience Gets Results

Call Me for a Consultation

Email Us Here

Message Me for a Consultation

Visit Us Here

560 Mill St., Suite 300, Reno, NV, 89502