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WHAT IS BRANDISHING A WEAPON IN A THREATENING MANNER IN NEVADA?
Brandishing a weapon means drawing or exhibiting a firearm or other deadly weapon in the presence of two or more persons in a rude, angry, or threatening manner — or unlawfully using a weapon in a fight or quarrel.
WHAT THE PROSECUTION MUST PROVE
To convict you of Brandishing a Weapon in a Threatening Manner in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant drew or exhibited a firearm or deadly weapon
The act was done in the presence of two or more persons
The weapon was displayed in a rude, angry, or threatening manner OR was used in a fight or quarrel
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR BRANDISHING A WEAPON IN A THREATENING MANNER IN NEVADA
Brandishing a Weapon
Gross misdemeanor. Up to 364 days in jail and/or up to $2,000 fine.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending brandishing a weapon in a threatening manner charges
Brandishing charges frequently arise from bar fights and road rage incidents. The presence of two or more witnesses is a required element — if only one person witnessed the act, the charge may not hold.
Self-defense can justify drawing a weapon. If you displayed a firearm to deter an imminent attack, the circumstances may support a self-defense claim.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO BRANDISHING A WEAPON IN A THREATENING MANNER
Every case is unique, but these are the defenses most commonly raised in brandishing a weapon in a threatening manner cases in Nevada:
Self-defense — drawing the weapon was necessary to prevent an attack
Fewer than two witnesses present
The display was not threatening — lawful open carry
Insufficient evidence