Hello. My name is Michael Gowdey.
I have been practicing law right here in Nevada for over 30 years. My team and I have won multiple awards, but the real reward is seeing a client walk out of the courtroom with their freedom intact. We represent good people in Las Vegas, Henderson, and North Las Vegas who find themselves in bad situations.
If you are reading this, you are probably scared. Maybe you got into a heated argument on the Strip. Maybe a misunderstanding at a pool party turned into a shoving match. Or maybe you are being accused of something you didn’t do.
In Las Vegas, “Assault” is a word that gets thrown around a lot. But what does it actually mean in a courtroom?
I wrote this guide to help you. I want to cut through the legal jargon and talk to you neighbor-to-neighbor. I want you to understand exactly what you are facing and how we can help you fight back.
Key Takeaways
- Assault ≠ Battery: In Nevada, “Assault” is just the threat of harm. “Battery” is the actual hitting or touching. You can be charged with assault without ever touching anyone.
- Intent is Everything: To be guilty, the prosecutor must prove you intended to make the other person afraid. Accidents aren’t crimes.
- The “Protected Class” Trap: Assaulting a police officer, a nurse, or a taxi driver carries much harsher penalties than assaulting a regular person.
- Self-Defense is Real: You have the right to stand your ground if you reasonably believe you are in danger.
- We Can Fix This: Charges are not convictions. With the right experience, we can often get charges reduced or dismissed.
What Is the Difference Between Assault and Battery in Nevada?
This is the number one thing people get wrong. In movies, you hear “Assault and Battery” like it is one big crime. In Nevada, they are two separate things.
The Definition of Assault (NRS 200.471)
Assault is fear. According to Nevada law, assault is unlawfully attempting to use physical force against another person, or intentionally placing another person in reasonable apprehension of immediate bodily harm.
Example: You get into an argument at a bar. You clench your fist and pull your arm back like you are going to punch someone, but you don’t swing. If the other person flinches because they think they are about to get hit, that is Assault.
- Did you touch them?
- Did you hurt them?
- Is it a crime?
The Definition of Battery (NRS 200.481)
Battery is contact. Battery is any willful and unlawful use of force or violence upon the person of another.
Example: You throw a drink at someone, and the liquid splashes on them. Or you push someone backward.
- Did you touch them? Yes (even if it was just the drink).
- Is it a crime? Yes, that is Battery.
A Stat Few People Talk About: You might think violent crime is mostly robbery or murder. But according to recent data from the FBI and Nevada crime reports, nearly 70% of all violent crimes reported in Nevada are Aggravated Assaults. This means assault is the most common violent charge our local police deal with. Because they deal with it so much, they make arrests quickly—sometimes without getting the full story. That is where we come in.
What Are the Different Types of Assault Charges in Las Vegas?
Not all assault charges are created equal. The penalties depend on who you threatened and how you did it.
1. Simple Assault (Misdemeanor)
This is the most common. It usually happens in arguments that get out of hand.
- Penalty: Up to 6 months in jail and a fine of up to $1,000.
- Probation: Very likely for first-time offenders.
2. Assault on a Protected Person (Gross Misdemeanor or Felony)
This is a specific Las Vegas danger zone. Nevada law has a list of people who are “protected.” If you assault one of them while they are doing their job, the penalties double or triple.
Who is in a “Protected Class”?
- Police Officers.
- Healthcare Providers (Doctors, Nurses at UMC or Sunrise Hospital).
- School Employees (Teachers, Bus Drivers).
- Taxi Drivers and Transit Operators.
- Sports Officials (Referees).
If you get frustrated at the ER and yell threats at a nurse, that is not Simple Assault. That is a Gross Misdemeanor, punishable by up to 364 days in jail.
3. Aggravated Assault / Assault with a Deadly Weapon (Felony)
If you use a weapon—or even something that looks like a weapon—things get serious.
- Penalty: 1 to 6 years in Nevada State Prison.
- Fine: Up to $5,000.
Can I Go to Jail for Misdemeanor Assault in Henderson or North Las Vegas?
The short answer is: Yes, you can. But will you? That depends on your lawyer.
In Henderson and Las Vegas municipal courts, judges have the power to put you in jail for up to 6 months for a simple misdemeanor assault. However, in my 30+ years of experience, I have found that for first-time offenders, jail time is rare IF you handle the case correctly.
Our Goal: We negotiate. We look for “Submittal” agreements or “Stay of Adjudication.” This means if you take an Anger Management class and stay out of trouble for 6 months, the case gets dismissed. We want to keep your record clean so you don’t lose your job.
What Happens if I Am Charged with Assault with a Deadly Weapon?
This is a Category B Felony. This charge scares people the most because “Deadly Weapon” sounds like a gun or a knife. But in Las Vegas, a “deadly weapon” can be almost anything if it is used to hurt someone.
Things I have seen charged as “Deadly Weapons”:
- A beer bottle.
- A heavy ashtray.
- A stiletto heel.
- A car (trying to run someone over).
- A baseball bat.
The Strategy: The prosecutor has to prove you used the item as a weapon. If you threw a phone at someone because you were mad, was your intent to kill them with the phone? Probably not. We argue to get these charges reduced to simple assault or battery. A reduction from a Felony to a Misdemeanor saves your right to vote and your right to own a firearm.
How Does Self-Defense Work in a Las Vegas Assault Case?
“He started it!” I hear this every day. And often, it is true.
Nevada is a “Stand Your Ground” state (though we don’t always call it that). You have the right to use reasonable force to defend yourself or others.
To win a Self-Defense claim, we must prove:
- Reasonable Belief: You truly believed you were about to be hurt.
- Immediate Threat: The danger was happening right now, not a threat for next week.
- Proportional Force: You only used enough force to stop the threat. (You can’t shoot someone because they slapped you).
A “Hidden” Stat: Many assault cases in Las Vegas are actually “Mutual Combat.” This is where two people agree to fight (like two guys stepping outside a bar). Police often arrest the winner of the fight, or the person with fewer bruises. But if it was Mutual Combat, or if you were defending yourself, you are not guilty of assault. We use witness statements and security camera footage (which is everywhere in Vegas) to prove who really started it.
Why Do Domestic Violence Cases Often Start as Assault Charges?
We also practice Family Law, so we see the overlap between criminal charges and divorce/custody battles all the time.
In Nevada, Domestic Battery is a specific crime. But often, it starts as an Assault call. Neighbors hear yelling. Police show up. They are required by law to arrest the “primary aggressor” if there is probable cause.
The 2024 Context: According to recent data, Las Vegas Metropolitan Police handle over 17,000 domestic violence calls a year. Because the volume is so high, officers sometimes make arrests just to separate the parties and “cool things down.”
Warning: A conviction for Domestic Violence (even a misdemeanor) will ban you from owning a gun for life under federal law. It can also ruin your chances of getting custody of your kids. Do not treat this like a simple traffic ticket. You need a lawyer who understands both the criminal side and the family law side.
Internal Link: Learn more about our Family Law services here
What Should I Do Immediately After Being Arrested for Assault?
If you are reading this after an arrest, take a deep breath. Follow these steps:
- Stay Silent: The police are not your friends right now. They are building a case. Do not try to explain your side of the story to them. Say, “I want a lawyer,” and then stop talking.
- Do Not Contact the “Victim”: If there is a “No Contact Order” (TPO), do not text them. Do not email them. Do not have your mom call them. If you violate this order, you will go back to jail immediately.
- Preserve Evidence: Did you have scratches on you? Take photos now. Did witnesses see him push you first? Write down their names and phone numbers before they forget.
- Call Us: The sooner we get involved, the sooner we can stop the prosecutor from filing the harshest charges.
How Can an Experienced Lawyer Get Assault Charges Dropped or Reduced?
This is where experience matters. My office has been in business for 30 years. We know the prosecutors. We know the judges.
Here is how we fight for you:
- Lack of Intent: We show it was an accident or a misunderstanding.
- Insufficient Evidence: “He said/She said” cases are weak. If there is no video and no impartial witness, we push for dismissal.
- Motion to Suppress: If the police searched you illegally or didn’t read your rights, we ask the judge to throw out the evidence.
- Negotiation: We show the prosecutor that you are a good person with a job and a family, not a criminal. We highlight your positive contributions to the community to get leniency.
Why Choose The Law Offices of Michael I. Gowdey, Ltd. for Your Defense?
You have a lot of choices for lawyers in Las Vegas. Why pick us?
- Experience: We have been doing this since before the Bellagio was built. We have seen every trick in the book.
- Expertise-Based: We focus on Criminal Defense and Family Law. We know these statutes inside and out.
- Authoritative: We are highly rated and award-winning.
- Trustworthy: I will be honest with you. If you have a tough case, I will tell you. I won’t promise you magic; I will promise you hard work.
We represent clients in Las Vegas, Henderson, and North Las Vegas. We are local, and we are ready to fight.
Internal Link: Contact us for a consultation today
Key Takeaways
- Assault is Fear, Battery is Touch: You don’t have to hit someone to be charged with assault.
- Penalties Vary: From a small fine to 6 years in prison, depending on the weapon and the victim.
- Silence is Golden: Never talk to the police without your lawyer present.
- Stats Matter: Assault is the most common violent charge in Nevada, meaning police are aggressive about making arrests.
- Experience Wins: A 30-year veteran lawyer can see defenses that a rookie might miss.
10 Common Questions Asked to Lawyers in Las Vegas About Assault
- Can I be charged with assault if I didn’t actually hit anyone? Yes. In Nevada, assault is defined as the attempt to use force or placing someone in fear of immediate harm. If you scared them with a threat of violence, that is enough for a charge.
- What is the difference between Simple Assault and Aggravated Assault? Simple assault is usually a misdemeanor involving minor threats or attempts. Aggravated Assault (Assault with a Deadly Weapon) involves a weapon or force likely to produce death or substantial bodily harm and is a felony.
- Will an assault charge show up on my background check? Yes. An arrest will show up, and a conviction definitely will. This is why our primary goal is often to get the charge dismissed or sealed so it doesn’t hurt your future job prospects.
- Can I claim self-defense if I started the argument? It is harder, but possible. If you started a verbal argument but the other person escalated it to physical deadly force, you regain the right to defend yourself.
- How long does an assault case take in Las Vegas? Misdemeanor cases usually take 3 to 6 months. Felony cases can take a year or more depending on whether we go to trial.
- What if the victim wants to drop the charges? This helps, but it is not up to them. The State of Nevada presses charges, not the victim. The prosecutor can continue the case even if the victim wants to stop. However, a reluctant victim makes the prosecutor’s job much harder.
- Is verbal abuse considered assault? Generally, words alone are not assault. There must be some physical act (like raising a fist) to create a “reasonable apprehension” of harm. However, threatening to kill someone can be a separate crime called “Harassment.”
- Do I have to go to court for a misdemeanor assault ticket? Yes, or your lawyer does. If you hire us, we can often appear for you so you don’t have to miss work.
- Can I seal an assault conviction? Yes. For a misdemeanor assault, you generally have to wait 1 year after the case is closed. For a felony, the wait is longer (usually 5-10 years). Domestic violence convictions often have a 7-year wait.
- How much does a lawyer cost for an assault case? It depends on the complexity. A simple misdemeanor is less expensive than a felony trial. But consider the cost of not hiring a lawyer: jail time, lost jobs, and a permanent record.
We Are Here to Fight for You
If you have been accused of assault in Las Vegas, Henderson, or North Las Vegas, 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 2024.
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.