What is considered a “Deadly Weapon” in Nevada?
Nevada considers guns to be deadly weapons.
Guns and knives are the most common items we associate with “deadly weapons,”. However, there are many other objects that can be used to inflict serious consequences on your life. These usually result in weapons crimes charges.
In Las Vegas, assault with a deadly weapon means an attack “made with a deadly weapon. It also includes the current ability to use one.” However, you could face increased penalties under Nevada law if you are convicted of any weapons crimes crime that involves the use of a deadly weapon.
NRS 193.165 states that:
Anyone who uses a firearm, or other deadly weapons, or a weapon capable of emitting teargas, regardless of whether its possession is allowed, shall be sentenced to prison for not less than one year and not more than twenty years.”
Weapons Crimes Charges
When charged with weapons crimes, these additional penalties can be applied to “deadly weapons” such as the following:
- Any instrument that, if used in an ordinary fashion as contemplated by its design or construction, is likely to cause serious bodily harm or even death
- Any weapon, device, instrument, or material that is capable of causing serious bodily harm or death, regardless of its use, can be used in any circumstances.
- A trap or spring gun (NRS 222.55)
- Listed dangerous and/or deadly weapons that were used on school property or in childcare facilities (NRS 2202.265).
If an object is employed in a way that can cause serious bodily harm or death, it could be considered a deadly weapon and result in weapons crimes charges.
According to the second definition, any object can theoretically be considered a “deadly weapon” if it’s capable of being used in such a way as to cause “substantial bodily injury.” Being charged with weapons crimes charges could include things such as a frying pan, boiling water, a chair, a broken bottle, or even an automobile.
Las Vegas weapons crimes criminal charges that involve the use, threatened or attempted use of a deadly weapon could lead to severe consequences. Call our criminal defense lawyers in Las Vegas today to review your case.
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