Brandishing a Weapon in a Threatening Manner – NRS 202.320

Brandishing a Weapon in a Threatening Manner

Under Nevada Revised Statute (NRS) 202.320, brandishing a weapon in a threatening manner is a serious offense that involves the display of a weapon in a way that causes fear or intimidation. This statute criminalizes the act of showing or using a weapon to threaten another person, regardless of whether the weapon is used or fired.

To secure a conviction for brandishing a weapon in a threatening manner, the prosecution must prove the following elements beyond a reasonable doubt:

1. Display of a Weapon: The defendant must have displayed or brandished a weapon, such as a firearm, knife, or other dangerous instrument.
2. Intent to Threaten or Intimidate: The weapon must have been displayed with the intent to threaten or intimidate another person.
3. Threatening Manner: The display of the weapon must have been done in a manner that reasonably causes fear or apprehension in the victim.

Related Offenses

Brandishing a weapon in a threatening manner is related to several other criminal offenses, including:

1. Assault – NRS 200.471
2. Assault with a Deadly Weapon – NRS 200.471
3. Aiming a Firearm at a Human Being – NRS 202.290
4. Menacing – NRS 200.480
5. Threatening or Harassing Communication – NRS 200.575

Examples

Understanding how brandishing a weapon in a threatening manner is applied can be illustrated with the following examples:

• Example 1: During a heated argument, a person pulls out a gun and waves it in the direction of another person to intimidate them. Even if the gun is not fired, the act of brandishing the weapon in such a manner can lead to charges under NRS 202.320.
• Example 2: A driver gets into a road rage incident and shows a knife to another driver in a threatening way. The display of the knife is intended to scare the other driver, making it a potential charge under this statute.

Defenses to Brandishing a Weapon in a Threatening Manner

Several defenses can be used to contest a charge of brandishing a weapon in a threatening manner:

1. Lack of Intent: Demonstrating that the weapon was not displayed with the intent to threaten or intimidate can be a defense. For instance, if the weapon was displayed accidentally or without malicious intent, it may not meet the criteria for this offense.
2. Self-Defense: If the weapon was brandished in a legitimate act of self-defense, to protect oneself from immediate harm, this may be a valid defense.
3. False Allegation: It is possible that the accusation is false or exaggerated. An experienced criminal defense attorney can help prove that the allegations are unfounded.

Potential Penalty for Brandishing a Weapon in a Threatening Manner

If convicted of brandishing a weapon in a threatening manner, the defendant may face the following penalties:

• Misdemeanor or Category C Felony: The charge may be classified as either a misdemeanor or a Category C felony, depending on the circumstances.
• Misdemeanor Penalties: Up to 6 months in jail and/or a fine up to $1,000.
• Category C Felony Penalties: 1 to 5 years in prison and/or a fine up to $10,000.

The severity of the penalty will be influenced by factors such as the nature of the threat and the defendant’s criminal history.

Criminal Defense for Brandishing a Weapon in a Threatening Manner

When faced with charges of brandishing a weapon in a threatening manner, having a skilled criminal defense attorney is crucial. Josh Tomsheck is a distinguished criminal defense lawyer with a proven track record in handling complex and serious criminal cases. As a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada, Mr. Tomsheck has the experience needed to mount a robust defense.

Mr. Tomsheck is also a Life Member of the National Association of Criminal Defense Lawyers and has been recognized as a Mountain State’s Super Lawyer. His career includes hundreds of complete dismissals and acquittals at trial, showcasing his expertise in achieving favorable outcomes for his clients.

For more information about defending against charges of brandishing a weapon in a threatening manner in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule your free consultation. Call (702) 895-6760 today.