Assault - NRS Chapter 200

There are several misconceptions about the definition of the Nevada crime of Assault. If a person punches another person in the face, it is a battery, which is a completely separate crime under Nevada Law. The crime of assault is a battery that was not completed for some reason.

Assault Defined – NRS 200.471

“Assault” means:

• Unlawfully attempting to use physical force against another person; or
• Intentionally placing another person in reasonable apprehension of immediate bodily harm.

Physical contact is not required to commit the crime of assault. The crime of assault is about placing someone in fear. Therefore, if I balled up my fist and threatened to punch you in the face, and I was capable of carrying out that threat, I would be guilty of assault.

Assault is a misdemeanor in Nevada, unless an aggravating factor is present. Examples of aggravating factors include the use (or ability to use) a deadly weapon, or assault against a public officer, a school employee, a provider of health care, etc. If an aggravating factor is present, Assault can be charged as a Felony.

If you or a loved one is charged with assault, call the attorneys at the Boley & AlDabbagh Law Firm at 702-435-3333.