Assault by an Inmate, Probationer or Parolee

Nevada Revised Statute (NRS) Assault by an Inmate, Probationer or Parolee: NRS 200.471

1)    Definition of the Crime and Essential Elements

Assault by an Inmate, Probationer or Parolee

Assault by an Inmate, Probationer or Parolee is a felony charge, which is an extremely serious criminal allegation and subjects the person accused to a prison sentence.  The crime of Assault by an Inmate, Probationer, or Parolee is detailed in NRS chapter 200. 

For the State to prove someone guilty of Assault by a Probationer must show beyond a reasonable doubt the following essential elements:

1)    An individual unlawfully attempted to use physical force against another person.

2)    An individually intentionally placed another person in reasonable apprehension of immediate bodily harm.

3)    An assault crime was committed against a protected class

4)    The assault crime was committed by an inmate, probationer or parolee

Assault by an inmate, probationer or parolee means that a person attempted to use physical force against another person while intentionally placing that person in a reasonable belief that they were about to be harmed. In this instance, the accused is an inmate, probationer, or parolee and the alleged victim is from a protected class.  A protected class member could be a police officer, corrections officer, judge, state official, health care provider or a doctor. A person does not have to be injured for assault to occur.

2)    Related Offenses

Other similar or related offenses include:

1. Assault – NRS 200.471

2. Assault with a Deadly Weapon – NRS 200.471

3. Substantial Bodily Harm – NRS 0.060

4. Domestic Battery – NRS 200.485

5. Battery – NRS 200.481

3)    Examples

While checking in for probation, a man becomes frustrated after having to wait for a longer time than usual. He raises his fist in anger at his probation officer. This gesture could qualify as assault by a probationer on a protected class.  

4)    Defenses to Assault by an Inmate, Probationer or Parolee.

As with every other type of crime charged in Nevada, the fact that a charge is filed does not mean the Defendant will be convicted.  There could be many different defenses to this allegation which could lead the charges being reduced or raised as defenses at Trial.

It is possible to state that the accused had a lack of intent to commit the crime. Assault is a “specific intent” crime in Nevada, so the State has to prove beyond a reasonable doubt that the accused acted willfully and maliciously in his gesture. It can be argued that the accused was simply behaving recklessly or negligently.

This is just a basic example to illustrate a simple point.  Each criminal allegation is different and almost every case has a defense.  An experienced Las Vegas Criminal Defense attorney can review the facts and the law in each case to build the best defense possible. 

5)    Potential Penalty for Assault by an Inmate, Probationer or Parolee

If a deadly weapon was not used, then it is considered a Category D Felony. The judge can sentence the accused to a prison sentence of one to four years, and a $5,000 fine. If a deadly weapon was used, the crime is then a Category B Felony. The accused may be sentenced to one to six years in prison, and a $5,000 fine.

6)    Criminal Defense for Assault by an Inmate, Probationer or Parolee

Assault by an Inmate, Probationer or Parolee is a very intricate criminal charge in Nevada.  It is absolutely critical that the accused meets with an experienced Las Vegas Criminal Defense Attorney immediately in order to begin building the best defense possible.  If you or someone you know has been arrested or charged with this offense a call to former Chief Deputy District Attorney Josh Tomsheck is one of the best decisions you can make.  Las Vegas Criminal Lawyer Josh Tomsheck has a wealth of experience handling these charges and all other serious felonies. 

For more information about the charge and defense of Assault in Las Vegas, call the law firm of Hofland & Tomsheck right away to schedule your free consultation.  (702) 895-6760.