Assault in Nevada (NRS 200.471): Penalties for Simple and Felony Assault
People often use “assault” to mean a physical attack, but in Nevada that is battery. Assault under NRS 200.471 covers conduct that falls short of contact – an attempted punch that misses, or a threat backed by an apparent ability to carry it out that puts someone in reasonable fear of immediate harm.
A simple assault is a misdemeanor. Assault with a deadly weapon, however, is a category B felony with up to 6 years in prison, and many cases charged that way in Clark County involve a gun displayed during a road rage incident or an argument outside a bar.
Assault in Nevada at a Glance
| Statute | NRS 200.471 |
| Simple assault | Misdemeanor – up to 6 months in jail and/or a $1,000 fine |
| Assault on a protected worker | Gross misdemeanor – up to 364 days and/or $2,000 |
| Assault with a deadly weapon | Category B felony – 1 to 6 years and/or up to $5,000 |
| Record sealing | Misdemeanor: 1 year. Felony: 5 or 10 years |
What the State Must Prove Under NRS 200.471
NRS 200.471 defines assault two ways. The State must prove beyond a reasonable doubt that you either:
- Unlawfully attempted to use physical force against another person; or
- Intentionally placed another person in reasonable apprehension of immediate bodily harm.
The second form focuses on the alleged victim’s reasonable fear and the immediacy of the threat. Words alone about something that might happen later generally do not meet the definition, though they may support a different charge such as harassment or threats under NRS 200.571. The apprehension must also be reasonable – a real person in the same situation would have expected immediate harm.
For the deadly weapon version, the State must prove the assault was made with the use of a deadly weapon or the present ability to use one. A gun pointed at someone usually qualifies; a weapon that stayed in a waistband and was never displayed or referenced is more contestable.
Penalties for Assault in Nevada
Penalties depend on whether a deadly weapon was involved, who the alleged victim was, and whether the accused was on probation, parole or in custody.
| Circumstance | Classification | Possible sentence |
|---|---|---|
| Simple assault | Misdemeanor | Up to 6 months in jail and/or up to $1,000 |
| On a protected worker performing duties | Gross misdemeanor | Up to 364 days in jail and/or up to $2,000 |
| By a probationer, parolee or prisoner on a protected worker | Category D felony | 1 to 4 years; up to $5,000 |
| With a deadly weapon or present ability to use one | Category B felony | 1 to 6 years and/or up to $5,000 |
The protected-worker category applies only if the person knew or should have known the victim’s status. As amended effective January 1, 2026, it includes police and other peace officers, firefighters, jail staff, prosecutors and public defenders, judges and court staff, health care providers, school employees, child welfare workers, taxi drivers, transit operators, utility workers, sports officials, and – since January 1, 2026 – hospitality employees at resorts, arenas, stadiums and convention centers.
Assault with a deadly weapon is probation-eligible, and first-time cases with mitigating facts are often negotiated to a gross misdemeanor or a misdemeanor. Assault on a person 60 or older or a vulnerable person can carry an additional term under NRS 193.167.
Common Defenses to Assault Charges
Every case turns on its own facts, but these are the issues we look at first when reviewing a charge like this one.
Self-defense
Displaying a weapon or taking a defensive stance in response to an imminent threat can be lawful. Nevada does not require retreat when a person is somewhere they have a right to be and is not the initial aggressor.
No reasonable apprehension
If the alleged victim did not actually fear immediate harm, or the fear was not reasonable under the circumstances, the second form of assault is not proven.
No deadly weapon
Whether an object was a deadly weapon, and whether it was actually used, displayed or referenced, often determines whether the case is a felony or a misdemeanor.
Witness credibility
Road rage and nightlife cases frequently involve conflicting accounts from people with their own exposure. Dashcam, surveillance and phone video can be decisive.
Record Sealing, Immigration and Other Consequences
Record sealing
A misdemeanor assault can be sealed 1 year after the sentence ends under NRS 179.245. Assault with a deadly weapon is a category B felony and generally a crime of violence, which carries a 10-year wait.
Firearms
A felony assault conviction triggers the firearm prohibition in NRS 202.360. If the assault was against a partner or family member, it may also be charged as domestic violence.
Immigration
Assault with a deadly weapon is generally treated as a crime involving moral turpitude and, with a sentence of a year or more, can be an aggravated felony. Non-citizens should get advice before entering a plea.
Related Nevada Offenses
- Battery (NRS 200.481) – actual unlawful contact, rather than an attempt or threat.
- Domestic battery (NRS 200.485) – when the alleged victim is a partner or family member.
- Carrying a concealed weapon (NRS 202.350) – often charged with assault after a firearm is displayed.
- Brandishing / drawing a deadly weapon in a threatening manner (NRS 202.320) – a misdemeanor sometimes used as a reduction.
How Assault Cases Move Through Clark County Courts
Where the case is heard depends on how it is charged. Misdemeanor versions stay in Las Vegas Justice Court or the municipal court for the city where the arrest happened (Las Vegas, Henderson or North Las Vegas). Gross misdemeanor and felony versions start in justice court and, after a preliminary hearing or grand jury indictment, move to the Eighth Judicial District Court. Because the classification often turns on facts the prosecutor must prove, such as value, injury, a weapon or a prior conviction, the early stages of the case are frequently where the most important negotiating happens.
Frequently Asked Questions About Assault in Nevada
What is the difference between assault and battery in Nevada?
Battery requires actual unlawful use of force on another person. Assault is an attempted use of force, or intentionally causing someone to reasonably fear immediate bodily harm, without contact.
Is pointing a gun at someone assault with a deadly weapon?
Usually, if it was done to put the person in reasonable fear of immediate harm and was not justified as self-defense. It is a category B felony carrying 1 to 6 years.
Can assault with a deadly weapon be reduced?
Yes, depending on the facts and the person’s record. Common outcomes include a gross misdemeanor or a misdemeanor such as drawing a deadly weapon in a threatening manner.
Talk to a Henderson Criminal Defense Lawyer About Your Assault Case
Joshua U. AlDabbagh has been licensed in Nevada since 2010 and began his career defending people accused of crimes in Clark County. If you or a family member has been arrested or charged under NRS 200.471, the decisions made in the first days of the case matter: what is said to police, whether evidence is preserved, and how bail and release conditions are handled. Call Southern Nevada Law Firm, PLLC at 702-589-4771 or send a message online to schedule a consultation. Our office is at 2831 St. Rose Parkway, Suite 292, in Henderson, and we handle cases throughout Las Vegas, Henderson, North Las Vegas and the rest of Clark County. Learn more about our criminal defense practice.
Statutes Cited
- NRS 200.471 – Assault: definitions and penalties
- NRS 193.167 – Crimes against older or vulnerable persons
- NRS 179.245 – Sealing records after conviction
This article is general information about Nevada law as of October 2026, not legal advice for any specific situation. Statutes and court decisions change, and the outcome of any case depends on its facts. Reading this page or contacting the firm does not create an attorney-client relationship. Attorney advertising.