Hello. My name is Michael Gowdey.
I have been a lawyer for over 30 years right here in Nevada. My team and I have won awards, but the most important thing we do is help people get their lives back. We represent good people in Las Vegas, Henderson, and North Las Vegas who find themselves in scary legal situations.
If you are reading this, you might be frightened. You might be confused. You might be holding a piece of paper that says “Felony” on it.
When you hear the words “Aggravated Assault,” it sounds like something from a movie. It sounds serious. And it is. But in Las Vegas, what people call Aggravated Assault and what the law says can be two different things.
I wrote this guide to help you. I want to cut through the confusion. I want to talk to you like a neighbor, not a textbook. I want you to understand exactly what you are facing and how our firm can help you fight for your freedom.
Key Takeaways
- “Aggravated Assault” is a Blanket Term: In Nevada, the actual charge is usually “Assault with a Deadly Weapon” or “Battery with Substantial Bodily Harm.”
- Prison is Real: These are almost always Felonies. You could face 1 to 6 years in prison, even for a first offense.
- A Car Can Be a Weapon: You don’t need a gun or a knife. A beer bottle, a baseball bat, or even a car can be considered a “deadly weapon.”
- Self-Defense Works: Nevada is a “Stand Your Ground” state. If you were protecting yourself, you are not guilty.
- We Can Fix This: Charges are just the beginning. With over 30 years of experience, we know how to poke holes in the prosecutor’s story.
What Is the Difference Between Assault and Aggravated Assault in Nevada?
First, we need to clear up a big misunderstanding. If you search for “Aggravated Assault” in the Nevada law books, you might not find it. That is a term used in other states or on TV.
In Las Vegas, when the police arrest someone for a serious attack, they usually charge them under NRS 200.471 or NRS 200.481.
Here is the simple breakdown:
- Simple Assault (Misdemeanor) This is when you threaten someone or try to hit them, but you miss. It is basically “fear.”
- Example: You swing a fist at someone in a bar but don’t connect.
- Assault with a Deadly Weapon (The “Aggravated” Part) This is what most people mean by Aggravated Assault. It is a Felony. This happens when you put someone in fear of harm using a weapon.
- Example: You point a gun at someone (even if it’s unloaded).
- Example: You try to run someone over with your car.
- Battery with Substantial Bodily Harm “Battery” means you actually touched or hit them. If you hit them so hard they broke a bone, lost a tooth, or needed stitches, it becomes a major Felony.
A Stat Few People Talk About: According to recent crime data, “Aggravated Assault” makes up nearly 71% of all violent crimes reported in Nevada. That means the police are very used to arresting people for this. They often arrest first and ask questions later. That is why you need a lawyer who asks the right questions.
What Are the Penalties for Aggravated Assault in Las Vegas?
The penalties in Nevada are strict. The judges in Clark County do not take these charges lightly.
If you are convicted of Assault with a Deadly Weapon (NRS 200.471), it is a Category B Felony.
- Prison: 1 to 6 years in Nevada State Prison.
- Fine: Up to $5,000.
- Probation: Possible, but not guaranteed.
If you are convicted of Battery with Substantial Bodily Harm (NRS 200.481), it is a Category C Felony.
- Prison: 1 to 5 years.
- Fine: Up to $10,000.
The “Deadly Weapon” Enhancement: If you use a weapon and you hurt someone, the penalty jumps up. You could be facing 2 to 15 years in prison.
This is why you cannot just go to court alone and hope for the best. You need an expert who knows how to argue against these enhancements.
What If a Weapon Was Involved in the Assault?
“But Michael, I didn’t have a gun! I just threw a stapler!”
I hear this often. In Nevada, a “Deadly Weapon” isn’t just a Glock or a switchblade. The law says a deadly weapon is any instrument that, if used in a certain way, is likely to cause substantial harm or death.
Things I have seen charged as “Deadly Weapons” in Las Vegas:
- A rock.
- A heavy glass ashtray.
- A stiletto high-heel shoe.
- A dog (ordering a dog to attack).
- A motor vehicle.
If you get into a road rage incident on the I-15 and you swerve your car at someone, the prosecutor will charge you with Assault with a Deadly Weapon. They will say your car is a 3,000-pound bullet.
Our Defense: We argue that the item wasn’t used as a weapon. Throwing a stapler at a wall out of anger is different than throwing it at someone’s head. We force the prosecutor to prove how it was used.
Can I Claim Self-Defense in an Aggravated Assault Case?
Yes. This is one of the strongest defenses we have.
Nevada is a “Stand Your Ground” state. You have the right to defend yourself. You do not have a duty to run away if you are not the one who started the fight.
To win a Self-Defense claim, we must prove:
- Reasonable Belief: You truly believed you were in immediate danger.
- Immediate Threat: The guy was coming at you right now, not threatening you over text for next week.
- Proportional Force: You only used enough force to stop the threat. (If someone slaps you, you generally can’t shoot them).
A Local Insight: In Las Vegas, we have cameras everywhere. Casinos, traffic lights, Uber dashcams. My team hunts for this video. I once had a case where my client was accused of attacking someone with a bottle. The police report said my client was the “aggressor.” We found security footage from a nearby shop. It showed the “victim” pulling a knife first. My client was just protecting himself. Case Dismissed.
Internal Link: Learn more about our Criminal Defense services
Why Is “Intent” So Important in Aggravated Assault Cases?
To be guilty of assault, you must have Specific Intent. You must mean to make the other person afraid or hurt them.
Accidents are not crimes.
- If you trip and fall into someone, that is not battery.
- If you are showing your friend a gun and it accidentally goes off (negligence), that might be a different crime, but it is usually not Assault with a Deadly Weapon.
We often argue: “My client was reckless, maybe. But he was not trying to hurt anyone.” If we can convince the jury there was no evil intent, the Felony charges often fall apart.
How Does a Criminal Record Affect My Future in Las Vegas?
You might be thinking, “I’ll just take a plea deal and get probation. I won’t go to prison, so I’m fine.” Please be careful.
A Felony conviction changes your life forever.
- Jobs: You cannot work in a casino. You cannot work in security. You cannot be a nurse or a teacher.
- Housing: Landlords in Henderson run background checks. They often deny people with violent records.
- Guns: You lose your right to own a gun for life.
- Voting: You lose your right to vote while you serve your sentence.
At The Law Offices of Michael I. Gowdey, Ltd., our goal isn’t just to keep you out of jail. Our goal is to save your future. We fight to get charges reduced to Misdemeanors or dismissed entirely so you can keep your rights.
Why Should I Hire a Local Las Vegas Attorney Instead of a Public Defender?
I have respect for Public Defenders. They work hard. But they are overwhelmed. They might have 100 other cases on their desk right now. They might not have time to watch 10 hours of security video or interview every witness.
Why Choose Us?
- 30+ Years Experience: We have been doing this a long time. We know the difference between a winning case and a losing one.
- We Know the Judges: We know which judges in Las Vegas Justice Court are tough on domestic violence and which ones are tough on guns.
- We Are Available: When you call, we answer. You are not just a file number to us.
Also, we handle Family Law. Why does that matter? Often, “Aggravated Assault” charges happen between spouses or family members. This triggers a divorce or a custody battle. Because we do both, we can make sure your criminal case doesn’t ruin your chances of seeing your kids. A lawyer who only does crime might not know how a plea deal affects child custody. We do.
Internal Link: Check out our Family Law expertise
How Can The Law Offices of Michael I. Gowdey Help Me Fight These Charges?
When you hire us, we get to work immediately. We don’t wait for the court date.
Step 1: The Investigation We demand the police report. We listen to the 911 calls. We look at the body-cam footage. We look for inconsistencies. Did the “victim” change their story three times?
Step 2: The Negotiation We talk to the District Attorney (DA). We show them the holes in their case. We show them that you are a good person—maybe a father, a veteran, or a hard worker—who made a mistake or was acting in self-defense. We try to get the case dropped before it ever goes to trial.
Step 3: The Trial If the DA won’t be reasonable, we go to trial. We are not afraid of the courtroom. We have won awards because we know how to talk to a jury.
Key Takeaways
- Don’t Talk: The police are building a case against you. Don’t help them. Ask for a lawyer and stay silent.
- Act Fast: Evidence disappears. Video gets deleted. Witnesses move away. The sooner you call us, the better.
- Weapons Matter: If the police say you used a weapon, the penalties double. We need to fight that definition.
- Experience Wins: 30 years of experience means we have seen your situation before. We know the way out.
10 Common Questions Asked to Lawyers in Las Vegas About Aggravated Assault
- Is verbal abuse considered Aggravated Assault? Generally, no. Words alone are usually not assault unless they are a specific threat of immediate violence (“I am going to shoot you right now”). However, shouting threats while holding a weapon is Aggravated Assault.
- Can I be charged if the other person wasn’t hurt? Yes. Assault is about the attempt or the threat. If you shoot a gun at someone and miss, you didn’t hurt them, but you definitely committed Assault with a Deadly Weapon.
- What if the victim wants to drop the charges? This helps, but it doesn’t end the case. The State of Nevada presses charges, not the victim. The prosecutor can continue even if the victim says “stop.” However, it makes their case much harder to win.
- Can I get bail for Aggravated Assault? Yes, usually. However, the judge will set a bail amount based on your criminal history and the danger to the community. We can argue for a lower bail or “House Arrest” so you can go home to your family while we fight the case.
- Is “Road Rage” a felony? It can be. If you get out of your car and punch someone, it’s battery. If you try to run them off the road or point a gun at them, it is Assault with a Deadly Weapon (Felony).
- Does Nevada have a “Three Strikes” law? Yes. Nevada has “Habitual Criminal” laws. If you have prior felonies, a new Aggravated Assault conviction could lead to life in prison. This is why you must fight every charge.
- Can I seal an Aggravated Assault record? Yes, but you have to wait. For a Category B Felony, you usually have to wait 5 to 10 years after your case is closed to seal it. If we get the charge reduced to a misdemeanor, you can seal it in 1 or 2 years.
- What is the difference between Assault and Battery? Assault is the threat (the scare). Battery is the contact (the hit). In Nevada, they are separate crimes, but often charged together.
- Can I carry a gun if I have a restraining order against me? No. If there is a Temporary Protective Order (TPO) for domestic violence, you cannot possess a firearm. If you do, you face new federal charges.
- How much does a lawyer cost for this? Every case is different. But compare the cost of a lawyer to the cost of 6 years in prison and losing your career. Investing in a defense is investing in your life.
We Are Here to Fight for Your Freedom
If you or a loved one has been accused of Aggravated Assault or Assault with a Deadly Weapon, do not wait. The clock is ticking.
Contact The Law Offices of Michael I. Gowdey, Ltd. today. We have the experience you need and the reputation you can trust.
Visit us at https://gowdeylaw.com/
Sources:
- Nevada Revised Statutes (NRS) 200.471 – Assault.
- Nevada Revised Statutes (NRS) 200.481 – Battery.
- Federal Bureau of Investigation (FBI) Uniform Crime Reporting (UCR) Program (Nevada Data).
- Las Vegas Metropolitan Police Department (LVMPD) Statistical Reports.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Past results do not guarantee future outcomes.