Answer: Most people think of “assault” as a fight, but in Nevada, aggravated assault (or battery with aggravating factors) is far more serious than a simple argument. It’s usually a felony because it involves things that make it extra dangerous.

• Deadly Weapon Use: This is a big one. If you’re accused of using a gun, a knife, or even something like a car or a heavy object in a way that could cause serious harm or death, even if no one was hurt, it often becomes aggravated. Nevada law (NRS 193.165) broadly defines a “deadly weapon.”
• Serious Injury: If the alleged victim suffers “substantial bodily harm” (like broken bones, severe cuts needing stitches, or a concussion), that also escalates the charge to aggravated battery.
• Victim’s Status: If the alleged victim is a police officer, a firefighter, a school employee, a healthcare worker, or someone considered vulnerable (like a child or elderly person), the charge can also be elevated.
• Why it matters: Simple assault might be a misdemeanor, but aggravated assault is almost always a felony. The penalties are vastly different – from months in county jail to years in state prison, plus huge fines and a permanent criminal record. Understanding these differences is key to building your defense.

Answer: Because aggravated assault is a felony, the penalties are incredibly harsh. They depend on the specific details of your case, but they are never minor.

• Prison Time: You could be looking at years in state prison. For example, aggravated assault with a deadly weapon is a Category B Felony. This means a sentence typically ranging from 1 to 6 years in state prison, and possibly more if there are additional factors like prior convictions or if “substantial bodily harm” was caused. Some charges carry even longer sentences, potentially up to 15 years or more, depending on the exact statute violated. (Source: Nevada Revised Statutes, Chapter 200).
• Heavy Fines: Fines can reach up to $5,000 or even $10,000, which can be a huge financial burden.
• Permanent Criminal Record: This is life-altering. A felony conviction will show up on background checks forever, impacting jobs, housing, and professional licenses.
• Loss of Rights: You will likely lose your right to own a firearm, and you could lose your right to vote.
• Why it matters: These aren’t just legal terms; they are direct threats to your freedom and your future. My firm’s goal is always to get these charges dismissed, reduced, or find alternative outcomes to protect you from these severe consequences.

Answer: Yes, absolutely. Just because you’ve been charged doesn’t mean you will be convicted. We fight aggressively to get charges reduced or dismissed.

• Strategies: This involves thoroughly investigating your case, challenging the prosecution’s evidence, filing motions (requests to the judge) to exclude evidence, and negotiating with prosecutors.
• Plea Bargains: Many cases, including serious felonies, are resolved through plea bargains, not trials. Nationally, about 94% of state felony convictions result from plea bargains. (Source: Pew Research Center, citing Bureau of Justice Statistics). A skilled lawyer can negotiate for a plea to a lesser charge or a lighter sentence, avoiding the risks of trial.
• Why it matters: My 30+ years of experience mean I know the prosecutors in Las Vegas, Henderson, and North Las Vegas. I know how to build strong arguments and negotiate effectively to achieve the best possible outcome for your situation.

Answer: The best defense depends entirely on the specific facts of your case, but here are common successful defenses we explore:

• Self-Defense or Defense of Others: If you reasonably believed you (or someone else) were in immediate danger of being hurt, and you used only the necessary force to protect yourselves, your actions might be justified under Nevada law (NRS 200.120). Nevada is a “Stand Your Ground” state.
• Lack of Intent: The prosecution must prove you intended to commit the aggravated assault. If your actions were accidental, or if you didn’t mean to threaten or cause serious harm, this can be a strong defense.
• Mistaken Identity: You were simply not the person who committed the crime. Mistaken eyewitness identification contributes to nearly 70% of wrongful convictions later overturned by DNA evidence. (Source: The Innocence Project).
• False Accusation: Sadly, sometimes people make false claims out of anger, revenge, or a misunderstanding. We investigate these thoroughly.
• Insufficient Evidence: If the prosecution doesn’t have enough solid evidence to prove their case “beyond a reasonable doubt,” we argue for dismissal or acquittal.
• Violation of Your Rights: If police violated your constitutional rights during arrest, search, or questioning, key evidence against you might be thrown out.
• Why it matters: We don’t use a one-size-fits-all approach. We dig deep into your specific case details to uncover every possible defense and build a strategy tailored just for you.

Answer: This is crucial because it often elevates a lesser charge to a felony. In Nevada (NRS 193.165), a “deadly weapon” isn’t just a gun or a knife. It can be any item or object that, when used, is capable of causing substantial bodily harm or death.

• Examples: This can include a baseball bat, a rock, a vehicle, a broken bottle, or even your own hands if used in a way that causes serious injury (like strangulation). The key is how the object was used or threatened to be used, and its potential to cause harm.
• Why it matters: Prosecutors in Las Vegas, Henderson, and North Las Vegas will look for any way to apply this “deadly weapon” enhancer because it dramatically increases penalties. Our job is to challenge whether the object truly meets the legal definition of a deadly weapon in the context it was used, or whether its use was accidental or justified.

Answer: These are often overlooked but can be devastating for your future. A conviction affects more than just your immediate freedom.

• Employment: Many jobs, especially those requiring background checks or professional licenses, will be out of reach. This can severely limit your career options.
• Housing: Landlords often conduct background checks, making it difficult to find housing.
• Education: Some educational programs or financial aid opportunities may become unavailable.
• Child Custody: If you have children, a conviction could negatively impact custody arrangements.
• Immigration: For non-citizens, an aggravated assault conviction can lead to deportation.
• Social Stigma: Living with a felony record, particularly for a violent crime, carries a significant social stigma that can impact personal relationships and opportunities.
• Why it matters: My firm, The Law Offices of Michael I. Gowdey, Ltd., doesn’t just focus on the immediate sentence. We fight to protect you from these long-term “collateral consequences” that can become a life sentence of their own, even after you’ve served your time.

Answer: There’s no exact answer because every case is unique. However, aggravated assault cases are felonies, which typically take longer than misdemeanors.

• Timeline: A complex felony case, especially if it involves extensive evidence or goes to trial, can take many months, often six months to over a year, sometimes longer. Simpler cases might resolve faster.
• Factors: The complexity of the evidence, the number of witnesses, forensic analysis, court backlogs, and whether a plea agreement is reached all affect the timeline. Sometimes, cases are delayed by things like mental competency evaluations, which, in Nevada, have seen average wait times of over 90 days in some cases. (Source: Las Vegas Review-Journal, June 28, 2025).
• Why it matters: We understand the stress of uncertainty. We keep you informed at every step, explain potential delays, and work efficiently to move your case toward the best resolution, all while ensuring your rights are protected throughout the process.

Answer: The prosecution will try to use any evidence they can to prove you committed the crime. This can include:

• Eyewitness Testimony: People who claim to have seen what happened.
• Police Reports: Detailed accounts from the officers involved.
• 911 Call Recordings: What was said when the initial report was made.
• Surveillance Videos: From nearby businesses, homes, or even police body cams.
• Physical Evidence: Weapons, DNA (blood, hair, skin cells), fingerprints, clothing.
• Medical Records: To show the extent of the victim’s injuries.
• Forensic Reports: Analysis of physical evidence by experts.
• Statements You Made: Anything you said to police or others (even friends) can be used against you.
• Social Media/Phone Records: Texts, posts, or call logs that might relate to the incident.
• Why it matters: My team meticulously examines every piece of this evidence. We look for inconsistencies, errors in collection, or violations of your rights. We might also bring in our own investigators or experts to challenge the prosecution’s evidence.

Answer: When facing aggravated assault charges in Las Vegas, Henderson, or North Las Vegas, your choice of lawyer is the single most important decision. You need someone with a proven track record.

• Over 30 Years of Dedicated Experience: I’ve spent three decades in Nevada courtrooms, specifically defending individuals accused of serious crimes. This isn’t just a number; it’s a deep understanding of the local legal landscape.
• Award-Winning & Highly Rated: My firm, The Law Offices of Michael I. Gowdey, Ltd., has earned multiple awards and is highly rated by clients and legal peers alike. I’ve been recognized among the “Top 100 Trial Lawyers in the U.S.” and “Best Lawyers and Law Firms in Las Vegas.” (Source: The National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys).
• Local Knowledge: We know the judges, the prosecutors, and the specific procedures in Las Vegas, Henderson, and North Las Vegas courts. This local insight is a huge advantage.
• Personalized & Aggressive Defense: We don’t use a cookie-cutter approach. We take the time to listen to your story, build a strong defense strategy tailored to your unique situation, and fight tirelessly for your best outcome. You can read what our past clients say about us here: Our Client Reviews.
• Why it matters: Your freedom and your future are too important to leave to chance. Choose a firm with proven expertise, unwavering dedication, and a reputation for getting results.