Like most states, Nevada law differentiates between various circumstances involving killing a human being. The most serious of all homicide offenses is capital murder. If you have been charged with capital murder it is crucial that you understand how capital murder differs from other homicide offenses, the elements required to convict you, and the legal implications if you are convicted. So what is capital murder?
What Is Capital Murder in Nevada?
Capital murder is the most egregious of all offenses that involve a killing and is the only criminal offense for which you can receive the death penalty in Nevada. Capital murder is first-degree murder plus at least one aggravating circumstance that outweighs the mitigating circumstances.
How Does Nevada Define First-Degree Murder?
For a killing to be eligible to be charged as capital murder it must first meet the definition of first-degree murder. A killing meets the definition of first-degree murder under Nevada law if the killing was:
Accomplished by means of poison, lying in wait or torture, or by any other kind of willful, deliberate, and premeditated killing (commonly known as “premeditated” murder).
Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person (commonly referred to as “felony” murder).
Committed to avoid or prevent the lawful arrest of any person by a peace officer or to effect the escape of any person from legal.
Committed on the property of a public or private school, at an activity sponsored by a public or private school, or on a school bus while the bus was engaged in its official duties by a person who intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
Committed in the perpetration or attempted perpetration of an act of terrorism.
What Makes a First-Degree Murder a Capital Murder in Nevada?
For a murder to be considered as a capital murder, the murder must qualify as first-degree murder plus one or more aggravating circumstances must be found and any mitigating circumstance or circumstances which are found cannot outweigh the aggravating circumstance or circumstances.
That does not mean that all first-degree murder cases that potentially qualify as capital murder are charged as such. The prosecuting attorney decides whether to charge a case as capital murder.
What Is the Potential Sentence?
The reason the term “capital” murder is used to describe the most serious homicide crimes is that a defendant can be sentenced to death (capital punishment) if convicted of capital murder. When a defendant is convicted of capital murder at trial, the jury makes a separate decision on whether to impose the death penalty during the trial’s sentencing phase.
Just as the jury must reach a unanimous verdict to convict a defendant of first-degree murder, the jury must also unanimously vote to impose the death penalty for a defendant to be sentenced to death. If the death penalty is not imposed, the sentence for first-degree murder ranges from 50 years to life in prison without parole.
What Should I Do If I Was Charged?
If you’ve been charged with capital murder in Las Vegas, it is imperative that you consult with an experienced criminal defense attorney at The Vegas Lawyers right away to ensure that your rights are protected throughout the prosecution of your case by calling 702-707-7000 or contacting us online.
Being involved in a motor vehicle accident is not a criminal offense. However, if you were involved in a motor vehicle accident and failed to wait at the scene, you may wonder, “Is hit and run a felony in Nevada?” Whether a hit and run can be charged as a felony in Nevada depends on whether anyone was injured in the crash.
Nevada Law: Duty to Stop at the Scene of an Accident
Nevada law requires a driver to stop after being involved in a collision if the crash resulted in damage to a vehicle or injury to a person. The potential penalties for failing to stop depend on the accident’s severity.
NRS 484E.020 imposes a duty on all drivers involved in a crash that results in property damage to a vehicle to stop at the scene, move their vehicle if it obstructs traffic, and exchange contact information with the other driver(s). You can be charged with a criminal misdemeanor for failing to stop at a property damage-only accident.
When Is Hit and Run a Felony in Nevada?
If you are involved in an accident in Nevada and fail to stop at the scene, you could face felony criminal charges. Failing to stop at the scene of an accident involving bodily injury or death is governed by NRS 484E.010. Under that statute, a driver involved in a crash on a public roadway is legally required to stop and remain at the crash scene, exchange contact information, and render aid, if the collision resulted in bodily injury or death. If you fail to stop (hit and run) at this type of accident scene, you could be charged with a category B felony.
What Are the Potential Penalties for a Felony Hit and Run in Nevada?
If you are charged and convicted of felony hit and run in Nevada, you will face a sentence that includes a term of imprisonment of two to 20 years in prison and/or a fine of $2,000 to $5,000. Nevada law allows you to be charged and sentenced separately for each person injured or killed in the crash. For example, if there were three people injured in the crash, you could be charged and convicted of three separate category B felonies. Furthermore, a sentence imposed for felony hit and run cannot be suspended, nor can probation be granted, meaning you face at least two years in prison for each felony hit and run conviction.
What Should I Do If I Have Been Charged with Felony Hit and Run in Nevada?
If you have been charged with a felony hit and run, or you have reason to believe you are a suspect in a felony hit and run in Las Vegas, the key to protecting your rights and your future is to consult with an experienced criminal defense attorney at The Vegas Lawyers right away. Contact us to schedule a confidential consultation by calling 702-707-7000 or contacting us online.
Your chances of getting your first DUI charge dismissed in Nevada depends upon many factors. However, one thing is clear, getting a first-time DUI charge dismissed is much harder now than it used to be.
With that in mind, yes – it’s difficult, but it’s not impossible to get first-time DUI charges reduced or dismissed.
That’s especially true if you have a skilled attorney on your side. An experienced Las Vegas DUI lawyer can analyze the evidence, search for weaknesses in the prosecution’s case, and build a strong defense strategy on your behalf.
Continue reading and watch my video below to learn more about first offense DUI charges in Las Vegas, Nevada.
What Happens When You Get A DUI For The First Time in Nevada?
If you’re convicted of driving under the influence for the first time in Nevada, the judge must impose a minimal sentence. The penalties for 1st offense DUI include but are not limited to:
Minimum two days in jail, but up to 26 weeks OR 96 hours of community service instead of jail time
Fines starting at $400
One year Drivers license suspension
Mandatory DUI school at your own cost
Attendance at Victim Impact Panel
Alcohol treatment program (depending on the case)
Suppose your BAC was over 0.18 at the time of the breathalyzer or blood draw. In that case, you can expect harsher penalties, including higher fines, mandatory installation of an ignition interlock device (at your own expense), and a 3-year license suspension.
Is A DUI A Felony In Nevada?
Generally speaking, a first-time DUI is a misdemeanor offense. However, a first offense DUI resulting in substantial bodily harm or death is a category D felony. A category D felony carries the following penalties:
Minimum 1-year imprisonment, but up to 4-years in prison
Fines up to $5,000
What Happens To My License Following DUI Charges?
The Nevada DMV must suspend your license for a minimum of 185-days if you’re convicted of a 1st offense DUI in Nevada. If charged with a 1st offense DUI, the defendant is given a 7-day temporary license. During that time, they can request a DMV hearing.
In many cases, the defendant may keep their restricted license pending the conclusion of the hearing. However, DMV hearings are tough to win. Additionally, the DMV automatically suspends your license if you’re convicted of a criminal DUI defense.
With that in mind, you may still be eligible for a restricted license (pending the installation of an ignition interlocking device). A restricted license allows you to travel for work, school, groceries, and medical appointments. You are not allowed to drive anywhere otherwise.
Can A Nevada DUI First-Time Offense Be Dismissed?
Yes, a first DUI charge can be dismissed. However, it’s not easy nor does it occur with frequency. Nevada courts take DUI charges very seriously. Navigating complex DUI laws in Nevada, investigating evidence, drafting motions, negotiating with the prosecution, etc., can be especially challenging without an experienced attorney.
Hiring a proven Las Vegas DUI lawyer drastically improves your chances of a successful outcome in your case. Learn about commonly used first-time DUI defense strategies below.
How To Fight A DUI Charge In Las Vegas
There are three possible outcomes in all DUI cases: Conviction, reduced/amended charges, or dismissal. In many cases, obtaining a dismissal for a DUI (even if it’s the first offense) is an uphill battle.
A skilled attorney can seek dismissal while working hard for amended charges (if dismissed charges aren’t possible). Potential defense strategies for driving under the influence can include:
Errors made during the arrest or DUI procedure
Faulty breathalyzer equipment
Contaminated breath or blood test results
Illegal traffic stop
Other violations of rights
If the prosecution has overwhelming evidence against you, your attorney can still argue for community service instead of jail time. However, at The Vegas Lawyers, our goal is always to dismiss or reduce charges, first – decrease penalties, second.
How To Fight A Nevada DUI Charge For Prescription Drugs
It’s important to remember, DUI’s are not just alcohol related. You can also face first time DUI charges in Nevada if you take certain prescription drugs before driving. That’s true even if a licensed physician-prescribed those drugs to you. That’s because many prescription drugs are considered controlled substances under Nevada law.
Unlike alcohol-related DUI’s, there is no minimum threshold for the amount of prescription drugs you’re allowed in your system before driving. That means that you could be convicted of driving under the influence for the first time even if you have very small traces of the drug in your blood.
Possible defenses for prescription drug DUI’s in Nevada include:
You were not “under the influence” of your prescription drug
You did not exhibit behaviors that suggest an impaired driving ability
The was a problem with the testing facility or method
You did not have any prescription drugs in your system
You were unknowingly “slipped” a prescription drug before driving
Sealing A DUI Record In Nevada
In most cases, fist-offense DUI misdemeanor convictions can be sealed seven years after the case closes. However, if it’s a felony DUI conviction, the record can never be sealed.
If your DUI attorney gets your charges reduced to something like reckless driving, your case may be eligible for a record seal just one year after the case closes. Dismissed first time DUI charges can be immediately sealed in Nevada.
Are you currently facing weapons charges in Nevada? If so, working with a Las Vegas weapons defense lawyer can greatly increase the chances of getting your case dismissed, reducing charges, or receiving less severe penalties.
It’s important to note that if you’re convicted of weapons or gun offenses in Nevada, you could face prison time, fines, and a criminal record. A proven gun lawyer understands the implications of a conviction and will use their knowledge, experience, and savvy to fight for your freedom and protect your rights.
Contact The Vegas Lawyers (“TVL”) today at (702) 707-7000 for a free initial consultation with a proven firearm and weapons defense attorney in Nevada. We respect the 2nd Amendment of the United States Constitution, and we will fight for your rights.
Definition Of A Weapon In Nevada
Nevada law regards a “weapon” as an object used to attack another person or defend oneself in an altercation. That generally includes almost all objects used to strike another person in an attempt to cause injury, death, or property damage. For example, Nevada gun laws directly reference the following objects (among others) as weapons:
Firearms (i.e., Glock, AR-15, 9mm pistols, etc.)
Explosives
Knives, swords, machetes, and blades
Baseball bats
Brass knuckles
Swords
Continue reading to learn the answers to commonly asked questions like, “Can a felon own a gun?” and “How long before a convicted felon can own a gun?” At TVL, we’re here to help, educate and represent.
Nevada’s Definition Of A Concealed Weapon
According to Nevada’s concealed weapons law located at NRS 202.350, a weapon is considered “concealed” if it is not readily noticeable by regular observation. For example, a gun hidden under your car seat is considered “concealed.” If you’re facing concealed weapons charges, it’s in your best interest to speak with an experienced concealed weapons lawyer as soon as possible.
Nevada’s Definition Of A Firearm
The Nevada firearm laws regard a “firearm” as any object (machinery, device, etc.) created for use as a weapon that shoots bullets through a gun barrel via explosion or combustion. That can include automatic rifles, 3-D printed guns, pistols, etc. It’s essential to note what constitutes a firearm in Las Vegas because that definition can play a critical role in cases involving an assault while using a deadly weapon.
What is assault with a deadly weapon in Nevada?
According to NRS 200.471, an individual can be convicted of assault with a deadly weapon if:
The defendant attempts to use illegal force against another person, or
The defendant knowingly placed another person in reasonable fear of bodily injury and
The defendant used a deadly weapon in the commission of 1 or 2 above.
Who Can And Cannot Possess A Gun In Las Vegas?
Who Can Own A Gun: Generally, Nevada gun laws allow anyone 18 or over (who isn’t prohibited from possessing a gun) to own a firearm. However, there are many restrictions and rules for individuals seeking a Concealed Carry Permit (CCW) in Nevada. For example, you must be at least 21 years old to apply for a CCW.
Who Can’t Own A Gun: Although the 2nd Amendment of the U.S. Constitution guarantees the “right to bear arms,” there are limitations. The following categories of individuals are prohibited from gun possession in Nevada:
Unsupervised children (under 18)
Individuals with a felony conviction, so long as they were sentenced (served or suspended) to more than 365 days imprisonment
Individuals using certain drugs or suffering from chemical addiction
Those evading arrest or otherwise fugitives of the law
People with a professionally diagnosed mental illness
Individuals prohibited from having a gun face strict penalties for gun possession in Las Vegas. A conviction for violating Las Vegas gun laws can lead to prison time, fines, and a lifelong criminal record.
Concealed Carry Weapon (“CCW”) Permit Las Vegas
The Nevada and Las Vegas concealed carry laws stipulate that an individual must meet certain conditions before being eligible for a CCW permit. Nevada CCW applicants must meet the following requirements:
It’s also important to note that a CCW applicant can be denied for various reasons like past felony convictions, domestic abuse charges, violent crimes, diagnosed mental health conditions, and much more.
What is the charge for carrying a concealed weapon?
Individuals charged with carrying a concealed weapon without a permit face category C felony charges, up to five years in prison, and extensive fines if convicted.
Non-Firearm Concealed Weapons Permit In Las Vegas
Similar to concealed firearms, Nevada requires individuals to have a permit for non-firearm concealed weapons. That means that concealing a dangerous or deadly weapon without a permit can lead to serious penalties. Individuals interested in a non-firearm concealed weapons permit can contact their local Sheriff’s office and apply within that office. It’s important to note that the Sheriff can deny your application for various reasons.
Gun Registration In Las Vegas
Most gun sales and transfers in Nevada require a background check. Further, individuals who wish to carry a concealed weapon must meet certain requirements (including potential investigation). However, gun registration in Nevada is not currently required.
Where Are Guns Allowed In Las Vegas?
Nevada’s gun laws allow firearms in most places, but there are some important restrictions. Other than a few exceptions, guns are not allowed in the following places in Nevada:
Schools and daycare centers (including colleges and universities in most cases)
Courthouses
Jailhouses or prisons
Airports
Post offices
Federal buildings and facilities
If you’re unsure of places where guns are allowed in Las Vegas, it’s recommended that you consult with an experienced gun rights lawyer before you make a mistake that could cost you your freedom.
Penalties For Weapons, Gun Or Firearms Offenses In Nevada
Individuals facing weapon or firearm charges can face severe penalties if convicted. Depending on the circumstances of the case, defendants may be charged with a misdemeanor offense or felony. If found guilty, punishment can include the following:
Jail or prison time
Fines
Criminal record
Loss of gun rights
It’s also important to note that using a gun in the commission of another crime can result in aggravated charges, leading to harsher penalties.
Resources in Las Vegas for Firearm and Weapons Charges
Before owning a gun, it’s essential to equip yourself with every resource you can. Otherwise, you may be subject to breaking the law and facing severe consequences. With that in mind, we’ve provided a few important resources below for gun owners. Here’s a link to where you can find out more information about Nevada Gun Laws: NRS 202.253 – 202.369. And here’s a link to where you can learn more about Firearms Background Check Information: Brady Handgun Violence Prevention Act.
Las Vegas Concealed Firearm Permit
Individuals interested in obtaining a concealed firearm permit in Clark County are encouraged to visit the Las Vegas Metropolitan Police Department’s website for information regarding classes, fees, and additional requirements. It’s essential to note that unknowingly violating Las Vegas’s concealed carry laws is not a viable excuse. Individuals who don’t adhere to concealed carry laws may face severe penalties.
Many gun owners want to be sure about how to sell firearms in Las Vegas (legally), so they don’t run afoul of the law. Before selling a gun in Nevada, you should keep the following in mind:
Making a firearm transaction with an individual who is prohibited from owning a gun can lead to felony charges.
Nevada requires businesses and private gun sellers to administer a “point of contact” background check for most gun sales and transfers.
It’s important to note that weapon and firearm sellers can only be convicted of selling a firearm to a prohibited person if they knew the individual was prohibited from owning a gun but sold it to them anyway.
Will My Out-of-State CCW Permit Be Valid In Nevada?
Nevada has CCW reciprocity with specific states. If your state is not mentioned on the list, your CCW permit is not valid in Nevada. Nevada CCW reciprocity allows individuals who have active concealed weapons permits in their home state to carry a concealed weapon in Nevada. However, individuals must maintain a photo I.D. and their out-of-state permit on them while carrying a concealed weapon in Nevada.
Can I get a CCW if I have a misdemeanor?
Some misdemeanor convictions still allow individuals to own a Nevada CCW permit. However, a few disqualifiers include the following:
Domestic violence convictions
Convictions of crimes involving the use of force (within three years)
DUI convictions (within five years)
Individuals convicted of a misdemeanor who are on parole or probation
Responsible Gun Ownership in Nevada
Gun safety in Nevada is a top priority. With that in mind, Nevada advocates for responsible gun ownership and use. For example, it’s unlawful to use a gun (or other weapons) to frighten or threaten another person, shoot from or at buildings and vehicles, or recreationally fire a weapon into the air. That’s why every person applying for a CCW permit must complete a firearm safety course to learn about the overall importance of gun possession, ownership, use, and safety.
Criminal charges can ruin your life, even if you’re ultimately found not guilty or your case is dismissed. Even if you do get off on the criminal charges against you, it’s possible that you could still be charged civilly and have to pay significant penalties in order to settle the case out of court. If you’ve been arrested, or think that you might be arrested soon, don’t try to figure everything out on your own. Contact an experienced Las Vegas criminal defense lawyer today who can help keep you safe and make sure that you have your rights protected throughout the entire process.
There Are Many Options For Handling Criminal And DUI Charges
To fight or not to fight, that is your first decision when faced with criminal and/or DUI charges. When it comes to DUI charges in Las Vegas there are many options available to you. The decision on whether or not to defend against other criminal charges will depend upon many factors unique to your case. For example, your defense strategy may include challenging alcohol testing results; pursuing evidence of entrapment; showing police misconduct; arguing erroneous stop and search procedures; and relying upon video tape evidence and mitigating circumstances surrounding your arrest such as first-time offender status.
You need experience and knowledge working for you before making what can be life changing decisions about your criminal case in Nevada. Consult an experienced criminal defense attorney in Las Vegas today and don’t gamble with your future.
Are You Facing DUI Charges?
You’re facing DUI charges, and your worst nightmare is coming true. If you’re like most people, all you can think about is what will happen next. You may be feeling scared, uncertain, and powerless; however, don’t give up just yet. When you have an aggressive and experienced defense lawyer by your side, there are many ways to tackle the prosecution’s case in court that may result in keeping your record clean of even a single conviction.
Having A Good Criminal Defense Attorney By Your Side Is Critical
Having an aggressive, competent defense attorney on your side is critical. The prosecution and law enforcement have all the resources at their disposal to try to ensure you’re found guilty. A good defense attorney, however, can help level that playing field by devoting 100% of his or her time to helping you while they prepare your case, negotiate with the prosecution, and prepare for trial if it comes to that.
The difference between an experienced attorney versus an inexperienced attorney can be huge. If you’re facing criminal or DUI charges, don’t chance your future on an inexperienced attorney. Also, a “good” attorney is one who treats you with respect and compassion and doesn’t judge you. Experience, attitude and a fighting spirit are the qualities of a good attorney.
Defending Yourself Is Not A Smart Option
No one can truly understand how it feels to be charged with a crime. It’s a serious matter that can change your life forever. At times like these, being able to rely on an experienced attorney may help you breathe easier, knowing that you are in capable hands. Learn more about what an experienced criminal defense lawyer can do for you that will make you realize that representing yourself in court is rarely a good idea. You probably wouldn’t cut your own hair or perform surgery on yourself. So, why would you go to court on your own hoping you’ll find justice?
Should You Hire An Attorney?
The short answer is yes. When it comes to dealing with criminal charges, you can’t afford to take chances or assume that everything will work out fine. The prosecutor has all of the power in these types of cases, and his/her word almost always trumps yours. The prosecutor is not your friend and is not trying to clear your name. It’s extremely important to hire an attorney who is experienced in dealing with criminal charges. Here in Nevada, the penalties for various criminal offenses can be steep including fines, community service, probation and even prison time. An attorney can help defend your rights and prove your innocence.
What Should You Ask A Lawyer Before Hiring Them?
Before you hire a lawyer, it’s smart to do some research and have an idea of what you’re going to ask. Some questions you might want to ask include the following:
How long have you been practicing law?
Have you handled cases like mine before?
Do you frequently go to court?
Do you have trial experience and, if so, how much?
What Should You Know About Public Defenders?
Public defenders are licensed lawyers that represent clients who cannot afford legal services. The assistance they provide is often free or very low cost (for example, free but with no guarantee of success). In Nevada, the quality of public defenders is excellent. You should never be afraid to use one of these attorneys if you can’t afford a private attorney. The caliber of public defenders in Nevada is very high and they are truly among some of the best attorneys.
What Should You Do If You Don’t Have Enough Money To Hire An Attorney?
Getting into legal trouble can be overwhelming, and in some cases, scary. You’re dealing with lawyers, judges and juries—not to mention mounting fines and penalties. Whether you need to know how to find an attorney or how to select one, there are plenty of resources available online for those in need of legal assistance. The Clark County Courthouse has great resources. You can also try the State Bar of Nevada website. If you don’t have much money to spend on attorney fees but still need help fighting your case—don’t despair! Many law firms will work with you on a payment plan.
How Long Will Your Case Take To Resolve?
Before you hire a lawyer, check around to see what their fees will be and when they’ll be due. Most criminal defense lawyers have set rates that are based on how much time they spend on your case. While there are typically some additional fees (filing fees, court costs, etc.), it can still be helpful to get an idea of what your total costs will be. After all, paying for legal representation is almost never cheap; better to know what you’re in for as soon as possible. While it’s true that most criminal defense lawyers work with payment plans, if you can’t afford one upfront (and many cannot), consider looking into whether you qualify for help from the public defender’s office.
Nevada routinely ranks in the top five states for domestic violence (“DV”) in the nation. For that reason, the state’ legislature has crafted tough Nevada domestic violence laws. As a result, law enforcement and the courts are generally not very lenient on individuals convicted of domestic violence offenses. If you’re facing domestic violence charges in Nevada, it’s in your best interest to consult with a highly skilled and proven attorney as soon as possible.
The Definition Of Domestic Violence
Domestic violence is a broad term that encompasses many types of abuse perpetrated by one person against another with whom they share an intimate relationship. That can include a family member, spouse, roommate, or dating partner.
According to the Nevada Attorney General’s Office, the four most common types of domestic violence include:
Physical Abuse
Verbal Abuse
Sexual Abuse
Emotional Abuse
However, acts that constitute domestic violence can include many types of criminal offenses such as battery, assault, coercion, false imprisonment, etc., all of which can lead to possible fines and jail time if convicted.
Can Domestic Violence Charges Be Dropped?
Potentially, yes. The prosecution can drop domestic violence charges but dropping these types of charges is not as easy as it is for other criminal offenses. Why? Because the prosecution is often under societal pressure to bring these types of cases.
Generally, Nevada prosecutors are reluctant to drop the charges in cases where they suspect the victim wants to vacate their accusation because:
They are afraid of the defendant.
They believe they will be retaliated against if they continue to pursue the charges.
They are ashamed to be associated with domestic violence.
They are fearful of losing the defendant’s financial support.
However, the prosecution may consider dropping domestic violence charges for other reasons such as lack of evidence.
What Happens If I’m Served A Protective Order?
Victims of domestic abuse must file the correct paperwork with the Family Court to obtain a domestic violence injunction (protective order). A domestic violence protective order comes in the following two forms:
Temporary Order of Protection – All protective orders begin with the issuance of a temporary order of protection that remains in effect for 30 days (beginning on the date of service). If the order expires or isn’t served, it’s automatically ended unless another order is applied for and approved.
Extended Order of Protection – An extended domestic violence protective order must be applied for while the temporary order is still active. If approved, the domestic violence injunction can remain in place for up to one year.
Depending on the details of the case, a domestic violence protective order can keep you from seeing your children, living in your home, or being present at many other familiar places where you once frequented.
What Are The Penalties For Violating An Order Of Protection?
According to NRS 33.100, violating a temporary protective order is a misdemeanor crime. Violating an extended order of protection can lead to misdemeanor, gross misdemeanor, or felony charges depending on the number of previous violations.
Temporary Order & First-Time Extended Protective Order Violation Penalties
Misdemeanor offense
Maximum $1K in fines
Possible jail sentence up to six months
Penalties for Second-Time Violation of Extended Protective Order
Gross misdemeanor offense
Maximum $2K in fines
Possible jail sentence for up to 365 days
Penalties For Three or More Violations of Extended Protective Order
Category C felony offense
Maximum $10K in fines
Minimum 1 year, Maximum five years in a state prison
It’s important to note that the consequences for violating a domestic violence order of protection are in addition to domestic violence jail time in Nevada. Further, each instance of violating a protective order can be charged as a separate offense.
Will I Still Be Able To See My Children If I’m Accused Of Domestic Violence?
Many individuals charged with domestic abuse are concerned about the penalties for domestic violence, children interaction, and their freedom. Depending on the facts of the case, domestic violence allegations can drastically change the way you interact with your children. In some cases, defendants may permanently lose the right to spend time with their children, and in other cases, parental rights are regained after some time passes.
While both types of charges are taken very seriously, child neglect and child abuse in Nevada are two separate offenses. Generally, child neglect occurs when a parent or guardian fails to give their child appropriate nourishment, housing, supervision, healthcare, or abandons their child.
The major difference between child neglect and child abuse in Nevada is that abuse requires the parent to intentionally perpetrate or allow physical or mental harm onto their children. Whereas child neglect charges can be filed even when a parent isn’t intentionally causing or allowing harm.
The penalties for child neglect depend on the severity of harm inflicted upon the child. For example, suppose the neglect does not amount to any physical or mental harm (and there is no prior record of neglect). In that case, defendants face Category B felony charges resulting in up to six years imprisonment. If the neglect does cause physical or mental harm, it’s also a Category B felony, resulting in up to 20 years in prison if convicted.
Additionally, individuals convicted of child neglect (not resulting in physical or mental harm) but who have a previous conviction for neglect face felony charges and up to 15 years in prison.
What Can I Do If I’m Being Falsely Accused Of Domestic Abuse?
Being falsely accused of domestic violence can be devastating. It’s more common than you might think. Often, in the midst of a divorce, allegations of abuse can be thrown around to gain leverage. If you’ve been falsely accused of domestic abuse, it’s recommended that you quickly consult with a proven lawyer for domestic violence charges in Las Vegas. A good attorney can investigate the facts of your case, ensure your rights are protected, and develop a solid criminal defense strategy to counteract domestic violence false accusations.
Can I Be Charged With DV Even If There Were No Physical Injuries?
Yes. According to domestic violence laws in Nevada, law enforcement can charge an individual with domestic violence offenses even if no physical injuries are present. That’s because domestic violence includes many types of offenses that don’t always cause apparent injuries. Common examples can include pushing, slapping, tugging hair, emotional abuse, coercion, pandering (pimping), false imprisonment, and more.
What Are The Defenses To Domestic Violence Charges?
Every domestic violence case is different. However, depending on the circumstances, there may be many domestic violence defenses available. The most common domestic violence defenses include the following:
Mistaken identity – An intimate partner suffers physical or mental harm but from another person.
False accusations – A partner, family member, housemate, etc., lies about domestic violence perpetrated against them in order to damage your reputation.
Accidental contact resulting in physical injuries – You admit that you injured an intimate partner but maintain that it resulted from an accident. For example, you accidentally drop a hammer on an intimate partner’s foot.
Self-defense – You used physical force to defend yourself from an intimate partner attempting to attack you.
Lack of evidence to sustain domestic violence charges – The prosecutor does not have enough evidence to obtain a conviction in your case.
Investigative errors committed by the police – The police engage in an illegal search and seizure in order to obtain evidence against you.
A successful domestic violence defense hinges on your ability to work closely with your attorney and to be honest with your lawyer about the details of your situation. If you’ve been accused of domestic violence, hiring a proven lawyer offers you the best chance for dropped or reduced charges. Attempting to handle the charges on your own is more likely to lead to an unfavorable outcome in court.
How Long Will My Domestic Violence Case Take To Complete?
Due to the sensitive nature of domestic violence cases, it can take months or even as long as a year for your case to conclude. Generally, the facts of the case, the seriousness of the harm caused, criminal history, and whether children are involved all play a crucial role in the timeline of domestic violence cases.
Further, the charges filed against you (misdemeanor or felony) also contribute to how long a domestic violence case takes to complete. It’s important to note that a domestic violence case is not “closed” after a judge imposes sentencing. Rather, the case typically remains open until the defendant completes every requirement of their penalty (i.e., fines, jail time, probation, community service, etc.).
Working with a domestic violence attorney can help ensure that your case goes as quickly and smoothly as possible. That’s because the best domestic violence lawyer in Las Vegas knows how to avoid costly mistakes which often delay domestic violence cases.
If The Police Took My Guns After Arresting Me For DV, Can I Get My Guns Back?
There is a clear link between domestic violence and gun control in the United States. With that in mind, individuals convicted of domestic violence offenses are indefinitely prohibited from possessing or owning a firearm in Nevada.
However, if you’re charged with domestic abuse, there is a possibility to retain your guns and gun rights while your charges are still pending. Your domestic violence attorney can file a motion with the court to restore your guns and rights. Although, you must provide the judge with a valid reason for your need to have your guns back before your trial concludes.
Do LGBTQ People Experience Domestic Violence?
Absolutely. Domestic violence occurs in every type of relationship regardless of race, sexual orientation, identity, net worth, religion, or other factors. Unfortunately, many studies on the prevalence of domestic violence neglect to consider LGBTQ exposure to domestic violence. Take a look at a few notable LGBTQ domestic violence statistics below:
Nearly 44% of lesbian women and more than 60% of bisexual women have been victims of sexual assault, violent actions, or stalking by an intimate partner.
26% of men who identify as gay have been subjected to sexual assault, physical violence, or stalking by an intimate partner. Additionally, more than 37% of bisexual men have experienced the same.
Roughly a quarter of gay men who experience “near lethal” physical violence perpetrated by an intimate partner neglect to contact law enforcement.
According to a 2015 U.S. Transgender Survey, roughly 47% of people who identify as transgender have experienced sexual assault at some point in their life.
These are sobering statistics that demonstrate that domestic abuse is not limited to just straight people.
A deposition is sworn, oral testimony, subject to cross-examination, taken before a court reporter. While depositions routinely occur in civil cases, they are sometimes permitted in Nevada criminal cases. However, they’re only allowed under specific circumstances. The purpose of a deposition is to obtain a face-to-face oral statement made by a witness (outside of the court) under oath.
A judge may permit a criminal deposition transcript if it’s impossible for a witness to give their testimony in person at a trial. Depending upon the circumstances, that testimony can be used as evidence in Nevada criminal cases.
Overall, what is the purpose of a deposition? Its purpose is to find out what a witness knows about a criminal case, how/if they were involved, and preserve testimony for use at trial. Depositions are typically reserved for older and vulnerable populations, but exceptions apply.
What Happens At A Criminal Deposition?
A deposition is essentially a question and answer session that takes place somewhere other than a courtroom. During a deposition in a criminal case, the following will occur:
The prosecution and defense have an opportunity to gather facts from the deponent to either bolster their case or undermine the other party’s case
A court reporter transcribes the deposition word-for-word
The court-reporter and deponent signs an affidavit to certify the accuracy of the transcript
The transcript may be used as evidence depending on the circumstances
When Can A Deposition Be Taken?
NRS 174.175 outlines the conditions required for a deposition in criminal cases. Generally, depositions can be taken under the following circumstances:
An older person (over 70) or a member of a vulnerable population as outlined in NRS 200.5092 who cannot attend a court proceeding
The witness’s testimony is material and necessary to the case
Taking the deposition will avoid a “failure of justice”
The vulnerable or older person has “good cause” to not attend a trial or hearing, or
The witness is “committed for failure to give bail to appear to testify at a trial or hearing”
When Can A Deposition Be Used?
Under NRS 174.215, depositions can be used at trial or in any hearing under the following circumstances:
A witness dies before trial
A witness is not in Nevada at the time of the trial – unless their departure was facilitated by the party requesting a deposition
The witness is unable to testify due to sickness or physical/mental decline due to old age
The witness is no longer of sound mind
The witness can’t otherwise be compelled (i.e., subpoenaed) to testify in court
What Do I Need To Know Before A Deposition?
Depositions can be stressful for witnesses and defendants. With that in mind, listed below are a few things you should know before a deposition:
Testimony offered in a deposition is given under oath. That means that lying could lead to criminal consequences
A judge can deny a deposition request or disallow it from entering evidence
The prosecution is not bound by the same examination rules as they are in a trial – that means that they can ask “leading questions”
Video depositions are allowed under certain conditions
An attorney can object to the admissibility of a deposition into evidence depending on the circumstances
What Should You Not Say During A Deposition?
What you should or shouldn’t say during a deposition depends on the circumstances of the case. Generally, a few things a deponent should avoid during a deposition include:
Offering more information than requested
Making assumptions
Using profane or aggressive language
Making light of the crime
Providing confidential information
Parsing or paraphrasing conversations
Tips For Answering Questions At A Deposition
Depositions happen outside the court, but they are still a legal procedure that can lead to serious consequences. With that in mind, listed below are a few tips to keep in mind before being deposed.
Prepare for the deposition: For most people, interrogatory interviews are not natural. However, you can prepare yourself by practicing questions, role-playing with your attorney, and reviewing the facts.
Be Honest: Lying under oath can lead to criminal charges.
Speak Carefully: Remember, a court reporter records every word you speak. That means that mute gestures like shaking your head in response to a question are not recorded. Be sure to speak loudly, clearly, and carefully.
Ask to See Evidence: If the examiner references evidence before asking a question, ask to see it before responding.
Go At Your Own Pace: Sometimes, an examiner will attempt to rush or fluster you by interrupting and interjecting. Be sure to stay calm, verbally acknowledge their interruption, and give your full response.
Las Vegas is known worldwide for its party culture. It’s truly the city that never sleeps. However, residents and tourists alike are often surprised to learn that most drug crime violations committed in Nevada are punished severely.
The potential implications of a drug crime conviction are devastating. With that in mind, there are three important things you should know about Nevada’s drug laws:
There’s a huge difference between simple drug charges and drug trafficking charges.
Although recreational marijuana is legal, not following the rules can get you in major trouble.
Individuals charged with drug crimes in Nevada may be eligible for a reduction in penalties and charges by attending Drug Court.
If you’ve been charged with violating Nevada’s drug laws, it’s in your best interest to consult with a Nevada criminal defense lawyer as soon as possible.
There’s A Big Difference Between Drug Crimes And Drug Trafficking Crimes in Nevada
Possessing any amount of an illegal controlled substance is a criminal offense in Nevada. However, individuals charged with possession of larger quantities of Schedule I or Schedule II drugs can expect much harsher sentencing.
Take a look at the differences between possession with intent to sell and drug trafficking charges in the table below.
Possession W/ Intent to Sell – NRS 453.337
Drug Trafficking Charges – NRS 453.3385
Category C – Category D Felony
Category B, C, or D Felony
1 – 15 years in prison (Depending on the drug schedule and other factors)
1-year imprisonment to – Life in prison (depending on the Schedule and quantity)
Potentially $5,000 – $20,000 in fines
$25,000 – $500,000 in fines
It’s important to note that drug trafficking can be simultaneously charged at the state and federal levels. With that in mind, defendants potentially face both state and federal penalties.
Although Marijuana Is Legal, Not Following The Rules Can Get You In Big Trouble
Recreational and medical marijuana is legal in Nevada. However, unlawfully selling, distributing, or growing marijuana can lead to serious consequences. A few notable Nevada marijuana law facts include:
Individuals are not allowed to possess more than one ounce of recreational marijuana
People with a marijuana medical card can possess up to 2.5 ounces
It’s illegal to smoke weed in public or anywhere outside of a residence
There are strict laws regarding marijuana cultivation
Selling marijuana (other than licensed dispensaries) is punished the same as selling any other Schedule I drug
Individuals facing first-time possession of marijuana offenses are not likely to get jail time. However, there are no guarantees. If you’ve been charged with illegal possession of marijuana in Nevada, it’s in your best interest to consult with a seasoned criminal defense attorney as soon as possible.
Attending Drug Court Can Get Your Sentence And Charges Reduced
Nevada Drug Court is an intense drug rehab program that allows first-time drug crime offenders to have charges dismissed as long as they successfully complete the program.
Nevada Drug Court is one of many specialty courts designed to address drug addiction causes, treatment, and rehabilitation. Generally, Nevada Drug Court is only available to first-time offenders charged with one of the following crimes:
Felony drug possession (NRS 453.336)
Unlawful use of controlled substances (NRS 453.411)
Unlawful possession for sale of substances classified in schedule III, IV, or V (NRS 453.338)
Depending upon the circumstances of the case, some non-addicts may be eligible to take an intensive drug education course in lieu of Drug Court in Nevada. Here are some important facts about Drug Court:
Drug Court typically lasts for one year or longer
Costs start at about $1,500
You must enter a “guilty” or “no contest” plea to qualify
If you break the rules of Drug Court, you could face the original charges and penalties
Once Drug Court is completed, the defendant’s case is completely dismissed
What To Do If You’re Charged With A Drug Crime In Nevada
Drug crime convictions can lead to lifelong consequences. With that in mind, hiring an experienced criminal defense attorney can give you the best chances of winning a drug crime case in Nevada. Don’t just get any lawyer. Get someone that has experience and can get results.
A few of the most common defenses to drug crime charges include but are not limited to the following:
The drugs did not belong to the defendant
The defendant was a victim of an illegal search and seizure
Entrapment perpetrated by law enforcement
The prosecution lacks sufficient evidence that the alleged substance was an illegal drug
A skilled Nevada drug possession attorney can help you assert your rights, negotiate with the prosecution, and potentially avoid harsh prison sentences.
Contrary to the rumors, indecent exposure is a crime in Las Vegas, Nevada. Individuals convicted of indecent exposure face gross misdemeanor or felony charges, depending on the circumstances of the case.
Open and gross lewdness (touching the genitals of an unwilling person) is similar to indecent exposure but carries much harsher penalties.
Las Vegas is a place of unlimited imagination and fun but make no mistake about it – the Las Vegas Metropolitan Police Department takes acts of indecent exposure and/or open and gross lewdness very seriously.
If you’re facing a charge of this kind, you need competent legal representation. An indecent exposure conviction can have adverse consequences in your personal and professional life. What started as a fun day at a Vegas pool party could lead to shame and embarrassment for many years to come. Don’t gamble on your choice of lawyer. At The Vegas Lawyers, we can help if you’ve been charged with indecent exposure or a related crime. Call us today at (702) 707-7000 for a free and confidential consultation.
What Is Considered Indecent Exposure In Nevada?
Technically, the Nevada Supreme Court doesn’t offer a specific definition of indecent exposure. However, it is generally defined as genital exposure to an unwilling party. That can include an individual’s genitalia or anus.
However, it’s important to note, Nevada Revised Statute (NRS) 201.220 does not restrict the exposure of breasts for purposes of breastfeeding.
Further, indecent exposure is unlawful in both public and private settings. That means you can be convicted of indecent exposure while at home. For example, if you open the door to a food delivery driver in the nude, you could face indecent exposure charges.
Indecent Exposure Laws in Las Vegas – NRS 201.220
According to NRS 201.220, a conviction for first-time indecent or obscene exposure can lead to gross misdemeanor charges, up to 364 days in jail, and potentially up to $2K in fines.
Individuals convicted of indecent exposure more than one time, who have a history of sexual offenses or expose themselves in the presence of a minor can be charged with a category D felony. That could lead to 1 – 4 years imprisonment, up to $5K in fines, and registration on the Nevada sex offender’s list. It is not illegal to expose breasts for purposes of breastfeeding.
However, exposing one’s breast to “flash” someone could potentially be charged as a crime.
Open And Gross Lewdness In Nevada – NRS 201.210
Under NRS 201.210, individuals convicted of first offense open and gross lewdness face gross misdemeanor charges. Defendants found guilty could spend up to 1-year in jail, pay up to $2k in fines, and register as a sex offender.
However, if the defendant has prior sex offender convictions and/or the unlawful act occurred in front of a minor (or mentally incapacitated person), they could face category D felony charges. Penalties can include the following:
Maximum 4-year prison sentence, minimum 1-year imprisonment
Up to $5K in fines
Registration on sex offender’s list
It’s important to note that a person may face open and gross lewdness charges for engaging in either of the following acts:
Engaging in sexual activity (publicly or privately) where others can see you
Most non-consensual sex acts other than sexual assault or rape
An example of a nonconsensual sexual act (falling short of rape) includes grabbing someone’s buttock or genitalia without their permission. So long as the act doesn’t involve penetration, the defendant most likely won’t face rape charges.
How To Defend Against Charges
The best defense strategies for indecent exposure or open and gross lewdness offenses depend on the case’s specific circumstances. Generally, a few of the most common criminal defense strategies for these charges include but are not limited to:
The Police Entraped the Defendant: Law enforcement officials are not allowed to “trick” a defendant into committing acts they were not inclined to commit on their own.
The Defendant Was Falsely Accused: Sometimes, an alleged victim may accuse the defendant of committing certain sexual acts out of revenge, anger, or confusion.
The Defendant Was Given Consent by Alleged Victim: In some cases, alleged victims testify that unwanted touching occurred when they actually gave consent.
Accidental Indecent Exposure: Unintentional exposure of private areas can happen in many ways. Generally, verifiably accidental indecent exposure cases are not prosecuted by the state.
Both indecent exposure and open and gross lewdness are crimes that could lead to significant jail/prison time, fines, and lifelong registration on the sex offender’s list. Mounting a successful defense often requires the experience and skill of a proven criminal defense lawyer for sex crimes in Nevada.
Crimes Related To Indecent Exposure In Las Vegas
In addition to the criminal offenses listed in the previous sections, Las Vegas takes its approach to indecent exposure a step further. It’s illegal to commit the following crime in Vegas:
Public Urination (including defecation)
Acts of disorderly conduct (i.e., fighting, using obscene language to address another person, disturbing the peace, and harassing someone with intentions to disturb).
Individuals convicted of public urination or disorderly conduct in Clark County face a citation, potential jail time, and possible fines up to $1,000.
When you live in the United States, you’re expected to obey the laws. Failure to obey the laws has consequences from the criminal justice system. And if you’re an immigrant, failure to obey the laws can also result in consequences regarding your immigration status.
If an immigrant is caught drinking and driving, the immigration consequences will depend on the underlying crimes the immigrant is convicted of and whether it triggers criminal liability under immigration laws. A DUI conviction – even one where someone was seriously injured or killed – does not usually meet the criminal requirements for deportation. However, there may be other attendant circumstances that taken together with the DUI conviction could result in deportation.
If you or a loved one face DUI charges with the potential for immigration consequences, it’s extremely important to have both a good criminal defense attorney and a skilled immigration lawyer by your side. At The Vegas Lawyers, we can help you navigate the complexities of criminal charges that carry immigration consequences. Call us today at (702) 707-7000 for a free and confidential consultation.
Crimes That May Trigger Deportation Under Federal Immigration Laws
Immigration laws specify that immigrants can be deported for conviction of any crime involving “moral turpitude” or which is defined as an “aggravated felony” by immigration statutes.
What Is A Crime Of Moral Turpitude? Generally speaking, moral turpitude crimes involve “both reprehensible conduct and a culpable mental state.” They’re crimes involving specific intent to do an act, deliberateness, or recklessness.
What Qualifies As An Aggravated Felony? There are more than 20 types of conduct that qualify as “aggravated felonies.” One aggravated felony that has been the subject of interpretation by the courts is a “crime of violence.” Courts have determined that a crime of violence is one that has “use of force” as an element of the crime. Crimes of violence can also include offenses where there is a “substantial risk that force will be used.”
A DUI conviction is not generally considered a crime of moral turpitude. And driving while under the influence of alcohol is not listed as an aggravated felony. But in the case of a motor vehicle accident involving serious bodily injury where an immigrant is convicted of DUI, can that conviction be a crime of violence and thus an aggravated felony? The question was addressed by the United States Supreme Court in 2004.
A DUI Is Not A Crime Of Violence
In Leocal v. Ashcroft, the Supreme Court decided that DUI offenses are accidental and do not require a person to use or anticipate using force so they do not violate federal immigration laws.
In that case, Duan Le, a citizen of Vietnam, was convicted of a DUI that caused serious bodily injury in an accident. Deportation proceedings were initiated against him under immigration laws categorizing the DUI as a “crime of violence” and thus an aggravated felony. The Supreme Court, with conservative Chief Justice William H. Rehnquist writing the majority opinion, determined that a “crime of violence” is one where the nature of the crime itself suggests that force toward a person or property will be used or will very likely be necessary in order to accomplish the objective of the criminal conduct.
Although the consequences of a DUI can result in force being used against another person or property, the use of force is not contemplated in order to commit the crime. Rather, it is only incidental to the crime itself. In other words, a DUI can be committed without the use of force and, therefore, it’s not considered a violent crime for immigration purposes.
Based upon its ruling in the Leocal case, the Supreme Court has determined that DUI offenses, except when involving purposeful intent, are considered accidental and not “crimes of violence” under federal immigration laws.
How A DUI Can Affect Immigration Status
Under current immigration laws, getting a DUI should not result in deportation. But getting a DUI in combination with other illegal conduct just might. DUI convictions can be evidence of the quality of a person’s character. And you still have to follow the rules even though immigration laws may have changed in your favor regarding an old DUI.
DUI that involves other criminal conduct – If a DUI includes driving while impaired by a controlled substance – such as marijuana – it can result in a deportable crime. Many people forget that, although marijuana use is legal under many state laws, it’s still considered a Schedule I narcotic under federal law.
Similarly, if a DUI includes the illegal possession of a firearm, it too can lead to deportation. The key in these scenarios is that the DUI by itself is not what leads to the deportation, it’s the DUI in combination with other illegal activity.
Good moral character – In 2019, US Citizen and Immigration Services (USCIS) adopted as policy the Attorney General’s opinion in Matter of Castillo-Perez. When an immigrant is applying for an immigration benefit that requires good moral character, having 2 or more DUIs creates a presumption that the person does not have good moral character. The presumption must be overcome by the immigrant showing evidence of good moral character or the immigration benefit will be denied.
Invalid removal does not justify illegal re-entry – For the immigrants deported for a DUI prior to Leocal vs. Ashcroft, it will not be a defense to illegal re-entry that your removal order is now invalid. The Supreme Court recently decided in United States vs. Palomar-Santiago that an invalid removal order does not negate the need to go through the prescribed process to challenge the validity of the original deportation.
Get The Right Legal Advice If You Get A DUI
Getting a DUI as an immigrant can seriously impact your immigration status. How the crime is charged and your prior criminal history can affect your eligibility to obtain future immigration benefits. Good legal advice and representation will be critical to effectively dealing with both state criminal laws and federal immigration laws. The resolution of your DUI can have significant consequences on your immigration status both currently and in the future.
