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Facing Brandishing Charges in Las Vegas? What to Know
Brandishing Charges in Las Vegas Require an Aggressive Defense
If you’ve been arrested for brandishing a weapon in Nevada, you need legal representation from a firm that can fight these allegations.
Brandishing charges should not be taken lightly – a conviction can result in fines, weapons forfeiture, and even jail time.
At The Rosenblum Allen Law Firm, our Las Vegas defense attorneys have defended clients against brandishing and other weapons charges for over 15 years.
We have the experience and determination to protect your rights and seek the best possible outcome in your case.
What Constitutes Brandishing in Nevada?
Under Nevada law, brandishing involves drawing or exhibiting a deadly weapon in a rude, angry, or threatening manner. This covers everything from pointing a gun at someone to waving a knife during an argument.
Nevada Laws on Brandishing
Nevada brandishing laws fall under NRS 202.320, which states that brandishing is a misdemeanor unless the act was committed in a way that endangered others, in which case it can be charged as a felony. Even misdemeanor brandishing carries penalties of up to $1,000 in fines and up to 6 months in jail.
Defending Against Brandishing Charges
There are often legal defenses that can be used to fight brandishing allegations, such as:
- You acted in self-defense
- The “weapon” was not deadly
- There was no threatening behavior
- Misidentification of the perpetrator
Why Hire Us for Your Brandishing Case?
Our experienced Las Vegas defense attorneys will thoroughly investigate your arrest and build the most robust case possible on your behalf. We have a proven track record of achieving dismissals, charge reductions, and acquittals for brandishing charges.
The Sooner You Act, the Better
Don’t delay seeking experienced legal help if you or a loved one has been arrested for brandishing a weapon in Nevada. The sooner you contact our firm, the faster we can protect your rights and future. Call today for a free case evaluation.
Potential Penalties for Brandishing in Nevada
If convicted of misdemeanor brandishing in Nevada, potential penalties include:
- Up to $1,000 in fines
- Up to 6 months in jail
- Mandatory surrender of the weapon
- Misdemeanor on your criminal record
If convicted of felony brandishing, penalties increase to:
- 1 to 6 years in prison
- Up to $5,000 in fines
- Felony on your criminal record
- Loss of gun rights
Other Consequences of a Brandishing Conviction
Beyond the criminal penalties, a brandishing conviction can impact your life in other ways:
- Difficulty finding a job, renting an apartment, or getting approved for loans
- Loss of certain professional licenses
- Deportation if you are a non-citizen
- CPS investigation if children were present
Common Defenses Against Brandishing Allegations
There are many ways we can challenge brandishing charges, such as:
- Self-Defense – If you can show you drew a weapon due to a reasonable fear for your safety, this may justify the action.
- Falsely Accused – Witness misidentification is common. We can argue the police arrested the wrong person.
- Improper Police Conduct – If you were provoked or illegally searched, the charges could get thrown out.
- Mental State – You may not have exhibited an intent to threaten required for a conviction.
- Unreasonable Perception – Even if you drew a weapon, we can argue it was not perceived as threatening.
- Weapon Not Deadly – Some items like pellet guns may not qualify as deadly weapons under the law.
Why Choose The Rosenblum Allen Law Firm?
When facing brandishing allegations, you need an experienced Las Vegas defense firm like ours fighting for you.
Here’s why:
- 15+ years successfully defending weapons charges
- Former prosecutors on staff who know the system
- Aggressive litigators who aren’t afraid of a courtroom battle
- We have obtained dismissals, acquittals, and charge reductions for clients
- Available 24/7 for emergencies
- Personalized defense strategy tailored for your case
Take Immediate Action
Don’t take chances with your freedom and criminal record.
The dedicated Las Vegas defense attorneys at The Rosenblum Allen Law Firm will tirelessly defend you against brandishing and other weapons charges.
Contact us 24/7 for a free consultation and case evaluation. The sooner you call, the faster we can start fighting for you.
Frequently Asked Questions
What constitutes brandishing a weapon in Nevada?
Brandishing involves drawing or exhibiting any deadly weapon in a rude, angry, or threatening manner. This covers everything from waving around a firearm to motioning as if you have a concealed weapon during an argument.
What are the penalties for brandishing in NV?
Misdemeanor brandishing can lead to up to $1,000 in fines and six months in jail. Felony brandishing could result in 1-6 years in prison and up to $5,000 in fines. Your gun rights will also be lost.
Can brandishing be a felony in Nevada?
Yes, if the act was committed in a way that endangered others, it can be charged as a category D felony. Merely exhibiting a weapon is a misdemeanor.
What are common legal defenses for brandishing?
Viable legal defenses include arguing you acted in self-defense, the weapon wasn’t deadly, misidentification of the perpetrator, lack of criminal intent, or that the action wasn’t threatening.
Can brandishing charges be dismissed?
Our experienced lawyers have successfully gotten brandishing charges dismissed by challenging improper police conduct lack of evidence, and through negotiated plea bargains.
Will a brandishing conviction affect my record?
Yes, misdemeanor and felony brandishing convictions will appear on your criminal record. This can impact jobs, housing, and other life prospects.
What should I do if charged with brandishing in NV?
Immediately contact our experienced Las Vegas defense firm, The Rosenblum Allen Law Firm, for help. The sooner we get involved, the more effectively we can protect your rights.
Why should I hire you for my brandishing case?
We have over 15 years of successfully defending weapons charges in Vegas. Our ex-prosecutors can aggressively fight your charges in and out of court. Let us put our experience to work for you.
Glossary
Deadly Weapon: Any instrument that can inflict lethal harm. Includes firearms, knives, clubs, explosives, etc. Drawing or exhibiting a deadly weapon is required for a brandishing charge.
Exhibit: To display or show a deadly weapon in a threatening or angry manner. Brandishing charges can apply even if the gun is not pointed at a specific person.
Firearm: Guns, pistols, revolvers, rifles, shotguns, and other weapons capable of firing a projectile. Brandishing a firearm often leads to felony charges.
Intent: The mental state required to commit a criminal violation. For brandishing, the prosecution must prove you intended to display the weapon in a rude, angry, or threatening.
Misdemeanor: A minor criminal offense, usually punishable by fines and less than a year in jail. Most brandishing charges are misdemeanors.
NRS 202.320: The Nevada law defines brandishing a deadly weapon as illegal under either misdemeanor or felony circumstances.
Provocation: Actions or words meant to anger, irritate, or get a rise out of someone. Police provocation before brandishing allegations can serve as a defense.
Reckless Endangerment: Brandishing a weapon in a way that shows extreme disregard for public safety. This can cause misdemeanor brandishing to become a felony charge.
Self-Defense: Legally justified use of force in response to an imminent threat. If deemed reasonable, brandishing in self-defense against attack may not lead to criminal charges.
Sentencing Enhancement: Legal factors that can increase the penalties imposed for a crime. Prior offenses and the use of a firearm can enhance brandishing sentences.
Witness Identification: Eyewitness accounts pinpoint the accused as brandishing a weapon. Misidentification of the perpetrator is a common defense strategy.
Additional Resources for You
Molly Rosenblum, Esq., our lead attorney, has gone beyond providing exceptional legal defense by creating a comprehensive range of resources designed to assist individuals facing criminal charges. These resources, available on the Rosenblum Law website, offer invaluable information and guidance on various aspects of criminal law. Whether you’re dealing with charges related to DUI, domestic violence, drug possession, or any other criminal matter, these resources are tailored to provide you with the knowledge and support you need during challenging times. Here’s a summary of the resources available to help you navigate your legal journey:
Criminal Defense Attorneys: An extensive resource covering various facets of criminal defense, offering guidance and representation for those accused of crimes. Explore the resource.
Las Vegas DUI Lawyer: Specialized information and legal support for individuals facing DUI charges in Las Vegas. Learn more.
Domestic Violence Lawyer Las Vegas: Expert legal advice and representation for those accused of domestic violence, ensuring your rights are protected. Discover the details.
Drug Possession Lawyer: Guidance on navigating the legal complexities surrounding drug possession charges, aiming to achieve the best possible outcome. Begin your defense.
Sex Crimes Attorney: Specialized defense strategies for individuals accused of sex crimes, providing discreet and effective legal representation. Understand your options.
CPS Defense Attorney: Legal support for those facing allegations of child abuse or neglect, with a focus on protecting your rights and family. Learn about CPS defense.
Misdemeanor Lawyer: Assistance with misdemeanor charges, offering strategies to minimize the impact on your life. Explore misdemeanor defense.
Juvenile Defense Lawyers: Dedicated legal representation for minors facing criminal charges, aiming to protect their future. Discover juvenile defense strategies.
Las Vegas Warrant Defense Attorney: Expertise in handling cases with outstanding warrants, aiming to resolve these issues efficiently. Learn about warrant defense.
Las Vegas Probation Violation Attorney: Legal advice and representation for probation violation issues, helping to navigate the repercussions. Understand probation violation defense.
Theft Crime Defense Lawyer: Strategies and defense for those accused of theft, focusing on achieving favorable outcomes. Explore theft crime defense.
Kidnapping Lawyers: Specialized legal representation for kidnapping charges, offering comprehensive defense strategies. Learn more about kidnapping defense.
Firearms Lawyer Las Vegas: Legal assistance for cases involving firearms, ensuring your rights under the law are upheld. Discover firearms legal support.
Through these resources, Molly Rosenblum, Esq., aims to provide you with the legal knowledge and support necessary to navigate the complexities of the criminal justice system. We encourage you to utilize these resources, ensuring that you are well-informed and prepared to face your legal challenges.
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A Special Message from Our Lead Attorney
Molly Rosenblum
Dear Readers,
Thank you for taking the time to read and use the resources we have developed. We hope you find them insightful and helpful in understanding the complex landscape of criminal law.
At The Rosenblum Allen Law Firm, we understand that dealing with legal challenges can be stressful and overwhelming. Our mission is to provide you with the highest quality legal representation and guide you every step of the way.
Please don’t hesitate to reach out if you or your loved ones need advice or representation. I invite you to schedule a free consultation with our dedicated team. We’re here to listen, understand your situation, and work towards the best possible outcome for your case.
You can reach us directly at (702) 433-2889. Remember, the first step towards resolving your legal challenges is just a phone call away.
Looking forward to assisting you,
Molly Rosenblum, Esq.
