Can Assault with a Deadly Weapon Charges Be Dropped?

If you’ve been arrested for or charged with assault with a deadly weapon, you’re probably worried about possible consequences, like prison time and fines. At the same time, there’s the question of whether the charges can be dropped. 

In some cases, the charges can be dropped. An example of this occurred in 2022 when Damon Arnette, a former Las Vegas Raider, faced charges of assault. The charge was for using a weapon after he reportedly pointed a gun at a casino employee. The charges disappeared because of a video that showed it never happened. 

If you find yourself accused of assault with a deadly weapon, you should seek the aid of a criminal defense attorney immediately.

nevada deadly weapon laws

Nevada Assault with a Deadly Weapon Charges

In Nevada, assault with a deadly weapon carries serious consequences. This type of assault occurs when an individual uses a weapon to unlawfully attempt to use force against or threaten someone else with immediate bodily harm. “Weapons” aren’t limited to firearms or knives since ordinary objects like vehicles or household items could be deadly if used to intimidate or harm another person.

Legal Implications of a Deadly Weapon Assault

Assault using a weapon is considered a violent crime and is taken very seriously by law enforcement and the court system. Using a gun, knife, or another object that could cause someone harm or kill them raises the level of threat and danger in any assault. Assault with a deadly weapon is a Category B felony. 

Potential Consequences of Conviction

The results of being found guilty of assault with a lethal weapon can be harsh. The penalties include a term in state prison for one to six years and/or a fine of $5,000 or less. In addition, a criminal record with this charge can damage job prospects, affect the person’s ability to rent an apartment and prevent them from obtaining professional licensing. Moreover, it can potentially affect personal connections and the perception others have of an individual.

Factors That May Lead to Charges Being Dropped

Although there is no way to predict whether assault charges will be dropped, certain factors may help this happen. There are several reasons why a deadly weapon charge may be dropped, including:

  • Lack of Evidence: It can be difficult for the prosecution to build a strong case if nothing supports it. Lack of evidence can be a reason for charges to be dropped. 
  • Self-Defense Claims: The charges could be dropped if the accused can prove that they acted in self-defense or to aid others.
  • Mistaken Identity: False claims of assault with a deadly weapon can come from incidents of mistaken identity. The charges could be dismissed if you could show you were elsewhere when the incident occurred.
  • Witnesses Retract Their Statements:  Sometimes, the lack of evidence and a possible decrease in charges can result from witnesses retracting their statements or declining to help the prosecution.
  • Plea Bargain: At times, the prosecution may propose a plea bargain for a reduced offense when they anticipate challenges in proving assault with a dangerous weapon.

The Role of Legal Representation in a Deadly Weapon Case

When confronted with charges of using a lethal weapon to commit an offense, it is essential to have an experienced legal advocate on your side to increase the chances of reaching a favorable verdict. A skilled defense attorney can protect your rights, investigate the circumstances, gather evidence, and build the strongest possible defense. They can work aggressively to have the charges dropped or reduced.

How an Attorney Can Work to Have Charges Dropped or Reduced

A skilled defense lawyer may help reduce or dismiss the charges of assault with a deadly weapon. By collecting evidence, interviewing witnesses, negotiating with the prosecutor, and putting forth a compelling defense, they can challenge the allegations against you.

Facing a Deadly Weapon Charge

Being accused of a deadly weapon assault can be frightening and overwhelming. That’s why seeking counsel from a seasoned lawyer is essential. A seasoned criminal defense attorney will advise you about all stages of the process and will stand by your side throughout. They’ll be diligent about reducing the charges or having them dismissed. Cooperate as fully as possible with your legal advocate to make this happen.

Potential Challenges in Having Charges Dropped

The potential challenges defendants may encounter when trying to have charges dropped in an assault with a deadly weapon case are:

  • The prosecution’s evidence is reliable and strong
  • There are strong and reliable witnesses against the defendant
  • The prosecution can show the defendant has a prior conviction for a crime of anger
  • The victim is cooperating with the prosecution
  • The prosecution does not offer a plea bargain
  • The assault was egregious

Cooperating with Legal Counsel 

Collaborating effectively with your legal representative is crucial in securing a favorable resolution for your case. It is equally important to comply with all legal procedures, such as attending court sessions, as any violation may lead to further accusations or sanctions.

Contacting a Criminal Defense Attorney

If you find yourself facing charges of assault with a deadly weapon, brace yourself for severe legal consequences. However, don’t despair. The wise thing to do is to enlist the services of a criminal defense attorney who specializes in this area of law. They can advise you about whether it’s possible to have your charges reduced or dismissed.

Contact De Castroverde Criminal & Immigration today to discuss your case and start building a strong defense. Your future depends on it. Let our experienced attorneys handle every detail of your case and fight for the best possible outcome. Remember, you don’t have to face these charges alone. Your future is worth fighting for. Call us today.