The lowest level assault charge in Nevada is simple assault and involves attempted use of force or threats against another individual.
Despite its classification, victims can sustain injuries and experience trauma that can affect their lives in many ways. A Las Vegas personal injury lawyer can provide representation and advocacy so victims can get justice for these wrongs.
Understanding Simple Assault Charges in Nevada
As the lowest level assault charge, simple assault does not necessarily have to always involve the use of force. Any threat that an offender makes that causes another individual to have a legitimate fear that they will be physically hurt can be considered assault.
Even if a perpetrator attempts to use force instead of just making threats, it is unlikely to involve the use of a weapon of any kind at this level.
Simple assault is also different from battery, which requires the intentional use of force. This distinction is important when charges are filed and in your options as a victim.
However, this doesn’t make assault any less frightening or harmful. Victims should make sure to receive medical attention after an assault to get the care they need and document their injuries, which is needed when taking legal action.
If you have been the victim of this type of assault, you should not wait long to hire a lawyer. Their experience and skills can provide added protection and advocacy after an assault.
There is also a two-year statute of limitations on filing a claim, so it is important to avoid delays that could hurt your case. Be sure to document your expenses and losses to help you recover maximum compensation.
Penalties for Simple Assault in Nevada
Nevada defines all degrees of assault and their penalties in NRS 200.471. As the lowest assault charge there is, the penalties for this offense are often the least severe of all three assault levels.
Simple assault is generally considered a misdemeanor and is therefore subject to up to six months in a county jail and/or up to $1,000 in fines. Assault offenders may also have to pay you for the damages they caused
It is important to note that a simple assault charge can be elevated to a gross misdemeanor charge if the assault was committed against a protected class of individuals. Protected individuals may include police officers, firefighters, paramedics, government officials and employees, healthcare providers, sports officials, and transportation or utility workers.
Your Rights as a Victim of Simple Assault in Nevada
As the victim of an assault crime, you have certain rights available to you under the Nevada Victims’ Bill of Rights. These rights provide the means for you to stay informed about the status of your case, protect you from interaction with or further harm by the offender, and ensure you understand all of your rights as a victim. It also ensures that you’re notified when the offender has been released from custody or jail.
Additionally, the Nevada Victims of Crime Program allows you to recover compensation for medical, wage, and other select losses you suffered because of an assault.
This financial assistance may be recovered in addition to damages you may be able to recover as part of a personal injury case. Nevada provides up to $35,000 for qualifying expenses for eligible individuals.
Exercising your rights and ability to submit a claim under the state compensation program can help you recover from your injuries faster and help you get back on your feet again.
Regardless of whether the crime against you involved force or just threats, these events can affect your life in ways you may not anticipate, so taking advantage of supportive resources can be an invaluable part of your recovery.
What You Can Recover in a Simple Assault Case in Las Vegas
Even the lowest level of assault can leave you with injuries and/or cause you to suffer. This can take a physical, financial, and emotional toll. Given the effect assault can have on your life, you may have the right to pursue a civil claim against the person who threatened and harmed you. Nevada allows victims to recover financial and intangible losses to help them regain a state of wholeness in their lives.
Monetary losses are among the most common types of damages that can be recovered in an assault case. This can include your medical expenses, lost wages if injuries prevent you from working, and the cost of repairs for property that may have been damaged in the assault. The sum of these losses is calculated by adding up each expense to determine the total value of your expenses.
Damages for your intangible losses focus on the pain and suffering you have experienced because of injuries or trauma from the assault.
This may include emotional distress, lost quality of life, and anxiety, depression, and/or PTSD symptoms. Since these are subjective losses, formulas are generally used to determine how much your losses may be worth in your personal injury case.
Consult a Personal Injury Lawyer from H&P Law Today
H&P Law can provide clarity on your options when you have been a victim of a simple assault in Nevada. These experiences can be deeply unsettling and can have lasting effects on your life.
When you schedule a free consultation with our team, we listen to you and provide counsel based on your specific situation so you can receive a favorable outcome. We are ready to talk with you when you contact us today.
