Assault with Use of a Deadly Weapon Constituting Domestic Violence in Las Vegas
Facing charges for assault with use of a deadly weapon constituting domestic violence in Las Vegas is an incredibly serious situation. The use of a deadly weapon in an alleged domestic violence incident escalates the severity of the charge significantly. Nevada law, particularly within the Las Vegas and surrounding communities, takes a firm stance against domestic violence, especially when weapons are involved. If convicted, you could face harsh penalties, including prison time, hefty fines, and long-term impacts on your personal and professional life.
If you or a loved one has been accused of assaulting someone in a domestic violence context using a deadly weapon, securing experienced legal representation is crucial. A skilled Las Vegas domestic violence defense lawyer can help you navigate the legal system, challenge the evidence, and work towards the best possible outcome for your case.
What is Assault with a Deadly Weapon Constituting Domestic Violence?
In Nevada, assault is defined under NRS 200.471 as intentionally placing another person in fear of imminent bodily harm. The threat of harm does not need to involve actual physical contact—simply the threat or attempt to cause harm is enough to result in an assault charge.
When a deadly weapon is involved, the charge becomes significantly more serious. A deadly weapon can be anything that is capable of causing serious injury or death, including firearms, knives, blunt objects, or even vehicles if used in a threatening manner. The law does not require that the weapon be used to harm the alleged victim—it is enough if the weapon is displayed or threatened in a way that causes the victim to fear for their safety.
When this type of assault occurs in the context of a domestic relationship—such as against a spouse, intimate partner, or family member—it falls under NRS 200.485, Nevada's domestic violence laws, which result in even harsher penalties.
Penalties for Assault with Use of a Deadly Weapon in a Domestic Violence Case
Assault with a deadly weapon in a domestic violence case is treated as a Category B felony under Nevada law. The penalties for this offense are severe and include:
- Prison sentence: 1 to 6 years in a Nevada state prison,
- Fines: Up to $5,000, depending on the circumstances of the case and any prior criminal history.
In cases where a firearm is used, the penalties may increase, particularly if the incident resulted in serious injuries or was committed in the presence of a child. Additionally, if you are convicted of this felony offense, you may lose certain civil rights, such as the right to own firearms, and have long-term consequences related to employment and housing.
Because of the mandatory prison sentence associated with this charge, avoiding conviction is critical. Probation is generally not an option in cases involving deadly weapons, making a strong defense strategy essential.
How an Experienced Domestic Violence Lawyer Can Help
A skilled domestic violence defense lawyer can thoroughly investigate your case, challenge the evidence against you, and develop a legal strategy to fight the charges. Assault with a deadly weapon in a domestic violence case often involves complex issues, including questions about intent, self-defense, and whether the alleged threat was credible. Here's how a qualified domestic violence attorney can help:
Challenging the Use of a Deadly Weapon in the Allegation
One of the key components of this charge is the presence of a deadly weapon. In some cases, the alleged victim may exaggerate or misinterpret the situation, leading to false or inflated charges. Often times, the State will charge a crime as a "Deadly Weapon" when it is not, in fact, a deadly weapon per Nevada law. In these instances, when the item in question does not meet the legal definition of a deadly weapon, a knowledgeable Las Vegas Domestic Violence Attorney can get your charges reduced or dismissed.
Disproving the Element of Intent
For an assault charge to stand, the prosecution must prove that you intended to place the alleged victim in fear of imminent harm. If you did not intend to cause fear, or if your actions were misunderstood, your attorney can argue that the required element of intent is missing from the prosecution's case. For example, if you were holding a weapon for self-defense or in a non-threatening manner, this could weaken the prosecution's argument.
Exploring Self-Defense as a Legal Strategy
Self-defense is one of the most common defenses in domestic violence cases, particularly when a deadly weapon is involved. If you believed you were in imminent danger and used or displayed a weapon to protect yourself, this could provide a valid defense to the charges. Nevada law allows individuals to use reasonable force, including the use of weapons, to defend themselves from an immediate threat. Your attorney will gather evidence to show that your actions were justified under the circumstances, such as a history of abuse, injuries sustained during the incident, or witness testimony supporting your self-defense claim.
Legal Defenses for Assault with a Deadly Weapon Constituting Domestic Violence
There are several defenses that may be used to fight charges of assault with a deadly weapon in a domestic violence context. Each case is unique, and your attorney will work to tailor the defense strategy to the specific facts of your situation. Some of the most effective defenses include:
Self-Defense or Defense of Others
If you were acting to protect yourself or another person, such as a child, this defense can be used to explain your actions. In domestic violence situations, emotions can run high, and individuals may take steps to protect themselves from what they perceive as an immediate threat. Your attorney can present evidence showing that you reasonably believed you were in danger and that your actions were necessary to prevent harm.
Lack of Intent
Intent is a critical component of any assault charge. If the prosecution cannot prove that you intended to cause fear or harm, the charges may not hold. For example, if you were holding a weapon without the intent to threaten or harm the other person, or if the alleged victim misinterpreted your actions, this can be a strong defense. Your attorney will work to discredit the prosecution's argument by showing that your actions were accidental or non-threatening.
False Allegations
Unfortunately, false allegations are common in domestic violence cases, especially when there are underlying legal disputes, such as child custody or divorce battles. In some cases, the alleged victim may exaggerate or fabricate the details of the incident in order to gain an advantage in a legal proceeding. Your lawyer will investigate the circumstances surrounding the accusations and look for evidence of bias, ulterior motives, or inconsistencies in the alleged victim's story.
Disputing the Use of a Deadly Weapon
For a charge of assault with a deadly weapon to stand, the prosecution must prove that a weapon was used in a manner that placed the alleged victim in fear of harm. If the item in question does not meet the legal definition of a deadly weapon, or if the alleged victim's fear was unreasonable under the circumstances, your lawyer can challenge this element of the case. For example, if you were holding an object that was not inherently dangerous, this defense may apply.
The Importance of Hiring a Las Vegas Domestic Violence Attorney
Assault with use of a deadly weapon in a domestic violence case carries serious penalties, including the possibility of a lengthy prison sentence and a permanent criminal record. A conviction can impact every aspect of your life, from your employment prospects to your personal relationships. Because the stakes are so high, it's crucial to have an experienced attorney on your side who can fight to protect your rights and challenge the charges against you.
Attorney Josh Tomsheck is a nationally board-certified criminal trial lawyer with extensive experience defending clients against domestic violence charges, including those involving deadly weapons. As a former Chief Deputy District Attorney, Josh Tomsheck understands how prosecutors build their cases and knows how to effectively challenge the evidence. He has successfully represented clients in Las Vegas and surrounding communities, helping them avoid the harsh consequences of a conviction.
Contact a Las Vegas Domestic Violence Lawyer Today
If you've been charged with assault with use of a deadly weapon constituting domestic violence, it's important to take immediate action to protect your rights. Contact the law firm of Hofland & Tomsheck today to schedule a consultation with attorney Josh Tomsheck. With his experience and dedication to defending clients in domestic violence cases, Josh Tomsheck can help you fight the charges and seek the best possible outcome for your case.
