If you’re facing domestic violence charges in Las Vegas it is imperative that you take the charges against you seriously because the judicial penalties and non-judicial consequences of a conviction can be life-altering.

How Is Domestic Violence Defined by Nevada Law?

Governed by NRS 33.018, domestic violence is defined as “committing one of the following acts upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:”

• A battery.
• An assault.
• Coercion pursuant to NRS 207.190.
• A sexual assault.
• A knowing, purposeful or reckless course of conduct intended to harass the other person.
• A false imprisonment.
• Pandering.

What Are the Potential Penalties for a Domestic Violence Conviction in Nevada?

Generally, a first or second offense of domestic violence is charged as a misdemeanor in Nevada. For a first offense, you face a minimum of two days and a maximum of six months in jail, 48 to 120 hours of community service, and a fine of $200 to $1,000. You may also be required to complete domestic violence counseling. For a second conviction for domestic violence within seven years the term of imprisonment increases to a minimum of 20 days in jail, community service work increases to a minimum of 100 hours, the term of counseling is one year, and the minimum fine is $500.

If you are charged with domestic violence for a third time within the same seven-year period, you will be charged with a Class B Felony, punishable by one to six years in prison and a fine of $1,000 to $5,000. You may also face felony charges for domestic violence if there are aggravating factors, such as the victim was pregnant at the time or the victim suffered serious bodily injury. Depending on the circumstances, you could face up to 15 years in prison for a domestic violence conviction involving aggravating factors in Nevada.

Additional Consequences of a Domestic Violence Conviction

Along with the judicial penalties imposed by the court at sentencing, there are additional consequences for domestic violence charges of which you should be aware. You will lose your right to possess a firearm if you are convicted of domestic violence. This applies regardless of whether the charge was a felony or misdemeanor and the fact that you are a law enforcement officer or a member of the military is not considered. A domestic violence conviction can also trigger deportation proceedings or prevent you from qualifying for a change of status if you are not yet an American citizen.

What You Need to Know about a No Contact Order

Early on in the prosecution of most domestic violence cases, the court issues a “no contact” order, also referred to as an injunction, that orders the defendant to refrain from having any contact with the alleged victim. A violation of this order can result in a revocation of your bond on the original charge, meaning you will return to jail, and you could face additional criminal charges for violating the order.

Can’t the Alleged Victim Drop the Charges?

A common misperception is the belief that the alleged victim in a domestic violence case can “drop the charges.” The State of Nevada is the party charging you with domestic violence, not the alleged victim. Therefore, only the prosecuting attorney, on behalf of the State, can dismiss those charges.

What Should I Do If I Am Charged with Domestic Violence in Las Vegas?

If you have been charged with domestic violence in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

In the State of Nevada, domestic violence is a criminal offense that involves committing any of several different criminal acts against a current or former spouse, a blood relation, your child, a current or former boyfriend or girlfriend, or someone with whom you have a child in common. Domestic battery can be charged as a misdemeanor or felony, depending on the circumstances. A conviction for domestic violence may subject you to a lengthy term of imprisonment; however, you may have a viable defense. The criminal defense attorneys at The Vegas Lawyers explain some common legal strategies used when defending against domestic violence charges. 

Understanding the Role of the Victim

Before discussing actual defenses, it is important for anyone facing domestic violence charges to understand the role of the alleged victim. The State of Nevada, not the victim, files and pursues criminal charges against a defendant. This means that the alleged victim cannot simply “drop the charges” against you. If the alleged victim chooses (of his or her own accord) not to cooperate with the prosecuting attorney, it may help your defense; however, the alleged victim does not have the power to dismiss the case against you.

Self-Defense/Mutual Combat

Domestic violence charges often stem from a “mutual combat” scenario where both the defendant and the alleged victim were actively combative. To successfully claim self-defense in Nevada, there must have been an urgent threat that caused you to have a reasonable belief that harm was imminent, and your response must have been proportional to the threat.

It Wasn’t Me/It Never Happened

Another common defense strategy can be thought of as the “prove it” defense. The prosecution has the burden of proving your guilt beyond reasonable doubt. Sometimes, the best defense is to force the prosecution to do just that. If there is no evidence of physical injury and/or no evidence that you were present when the victim was injured, the State’s case may boil down to your word against the word of the alleged victim. In that case, maintaining that the alleged victim was not injured and/or that you were not the one who caused the injury may be a winning defense.

It Was an Accident

During a heated argument, you may have unintentionally injured the alleged victim. In that case, you may be able to assert that the alleged victim was accidentally injured. This defense essentially admits that the alleged victim was injured; however, you did not have the required “mens rea” (state of mind) necessary to convict you of a crime.

Legal or Procedural Errors

This encompasses a broad array of things that the police may have done wrong during the investigation or arrest. For example, if the police failed to provide Miranda warnings and then elicited a confession from you, that confession may be inadmissible at trial because your Constitutional rights were violated. Likewise, if law enforcement officers conduct an illegal search, any evidence seized during that search may be excluded at a trial based on a violation of your 4^th Amendment right against unreasonable searches and seizures. Procedural errors, such as a break in the evidentiary “chain of custody,” may also be used as the basis of a winning defense strategy in a domestic violence prosecution.

What Should I Do If I Was Charged with Domestic Violence in Las Vegas?

Because the defense strategy employed for your case will depend on the unique facts and circumstances surrounding your arrest, it is in your best interest to consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your defense options. Call us at 702-707-3000 or contact us online.

Getting arrested and charged with driving under the influence (DUI) can be a frightening and confusing experience. One of the first decisions you will need to make after being arrested for DUI is whether to hire an attorney. To help you make the right decision, you need to understand why hiring a Las Vegas DUI attorney is crucial.

Bail Reduction

If this is your first arrest and no aggravating factors (such as serious injury or death) were present, your bail will likely be set low or you will be released on your own recognizance (OR’d), meaning you are released based only on your promise to return to court and follow all conditions of release. If, however, you have an extensive criminal history, have been convicted of DUI in the past, or there are aggravating circumstances involved, your bail may be set at an amount that you cannot pay. In that case, hiring an experienced Las Vegas DUI attorney is crucial because your attorney can request a bail hearing at which your attorney will argue for a reduction in the bail amount previously set.

Protecting Your Rights

As the defendant in a criminal prosecution, you have several important rights that are guaranteed to you in the U.S. Constitution. Not only will an attorney protect your rights going forward, but your attorney can also review what happened during the traffic stop that led to your arrest and your subsequent arrest and determine if any of your rights have already been violated. For example, if the police did not have a valid, legal reason to conduct the initial stop, that would be a violation of your rights. Likewise, if the police continued to question you after you asked for an attorney, your rights were violated, and your attorney can attempt to have any evidence obtained as a result of that violation excluded from the case.

Investigating Your Case

Some DUI cases are relatively straightforward, requiring very little investigation. Others, however, are more complicated. When that is the case, you should not have to rely on evidence gathered by the State to prepare your defense. Despite the fact that the State is legally required to turn over exculpatory evidence, you need an experienced Las Vegas DUI attorney on your side to conduct an independent investigation. It may turn out, for example, that the breath test machine has not been calibrated in years, potentially skewing the test results.  

Negotiating a Plea Agreement

The prosecuting attorney may offer you a plea agreement in return for you pleading guilty to driving under the influence. You should never accept a plea agreement before discussing the terms of that agreement with an attorney and having a complete understanding of the consequences of accepting the agreement. If, after consulting with your attorney, you decide that a plea agreement is in your best interest, you need an experienced Las Vegas DUI attorney to negotiate favorable terms for that agreement.

Defending You at Trial

Although the prosecutor may try to convince you to accept a guilty plea agreement, you are never required to do so. One of your constitutional rights is the right to have a jury of your peers decide the outcome of your case. You also have the right to waive your right to a trial by jury and allow a judge to render the verdict in your case. Before deciding how to proceed, you should discuss all options with an experienced Las Vegas DUI attorney. If you decide to proceed to trial, your attorney will mount an aggressive defense to try and avoid a conviction.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with driving under the influence in Las Vegas, consult with a DUI attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Being involved in a motor vehicle accident can be a traumatic experience. Without thinking it through, you might even take off from the scene of an accident without waiting for first responders to show up. Later, you may start to wonder about the legal repercussions of leaving. Is hit and run a felony in Nevada?

Nevada Hit and Run Laws

In Nevada, leaving the scene of an accident, commonly referred to as “hit and run” is governed by Nevada Revised Statutes 484E.010 through 484E.040. Section 484E.010 states, in pertinent part, that:

“The driver of any vehicle involved in a crash on a highway or on-premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the crash or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the crash until the driver has fulfilled the requirements of NRS 484E.030.”

Section 484E.020 requires the driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person to immediately stop his or her vehicle at the scene of the crash and safely fulfill the requirements of NRS 484E.030.

In short, Nevada law makes it clear that the driver of a vehicle involved in a crash is legally required to stop at the scene of the accident and that failing to do so is a criminal offense.

Understanding NRS 484E.030: What Else Am I Required to Do at the Scene of an Accident?

Not only are you legally obligated to stop and remain at the scene of an accident in Nevada, but you have additional legal duties as well. NRS 484E.30 requires the driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person to do all the following:

• Give his or her name, address, and the registration number of the vehicle the driver is driving and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in such crash.
• Give such information and upon request manually surrender such license to any police officer at the scene of the crash or who is investigating the crash.
• Render to any person injured in such crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

If no police officer is present at the scene of the accident, a driver is required to report the crash to the nearest office of a police authority or the Nevada Highway Patrol.

What Am I Required to Do If I Hit an Unattended Vehicle?

If you are involved in a crash with an unattended vehicle, Nevada Revised Statute 484E.40 requires you to:

• Immediately stop and attempt to locate and notify the operator or owner of such vehicle or other property.
• Provide your name and address.
• Securely attach a note to the vehicle or property with your name and address if you cannot locate the owner.

Is Hit and Run a Felony in Nevada?

Violation of Nevada’s hit-and-run law can be charged as a felony or a misdemeanor. Leaving the scene of a property-only accident is charged as a misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000.  If a person suffered personal injury or death in the collision, leaving the scene of an accident is charged as a class B felony in Nevada. The penalty for a felony hit-and-run conviction in Nevada is a minimum of two years, a maximum of 20 years in prison, and a fine of between $2,000 and $5,000. Moreover, you risk being charged with a separate count for each person who is injured or killed if you leave the scene of an injury accident in Nevada.

What Should I Do If I Was Arrested for Hit and Run in Las Vegas?

If you were arrested and charged with leaving the scene of an accident (hit and run) in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Fake IDs have been used by underage kids for as long as laws have been in place requiring you to be a certain age to purchase alcohol, tobacco, or gamble at a casino. Fake IDs are also used for more nefarious purposes, such as stealing an identity for financial gain or by fugitives to evade capture. Regardless of the motivation for having a fake ID, the penalties for being caught with one in Nevada can be serious, as explained by the Vegas Lawyers.

What Makes an ID a Fake ID?

In the eyes of the law, a “fake” ID is precisely what most people think it is — an altered or counterfeit document used to identify an individual such as a driver’s license, state identification card, passport, Las Vegas work card, or membership card.

What Are the Potential Criminal Offenses Associated with Possessing a Fake ID in Nevada?

The potential penalties you face if you are caught and subsequently convicted of possessing a fake ID in Nevada will depend, in part, on the circumstances surrounding your possession of the fake ID. The law in Nevada recognizes that there is a fundamental difference between a teenager using a fake ID to buy alcohol or gamble at a casino and a cyber-criminal using a fake ID to drain an elderly victim’s life savings out of their bank account. While they are technically the same crime (possession of a fake ID), the underlying motivations are significantly different.

Acknowledging that using a fake ID to get around age-restricted conduct, Nevada law makes it a misdemeanor to possess a fake ID “with the intention that (the fake ID) be used by a person under the age of 21 years to establish falsely or misrepresent his or her actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in gambling establishments.”

If you are caught in possession of a fake ID “ for the purpose of establishing a false status, occupation, membership, license or identity for himself or herself or any other person,” Nevada law dictates that you can be charged with a Class E felony.

In short, you face misdemeanor charges if you are a teenager using a fake ID to pass as 18 or 21; however, expect to be charged with a Class E felony if you are caught in possession of a fake ID for any other reason.

What Other Crimes Might I Be Charged with Relating to Fake ID in Nevada?

If you are suspected of using a fake ID to commit fraud or forgery, you could be charged with a Class C felony in Nevada. You can also face a Class C felony charge for selling fake IDs in Nevada with the charges bumped up to a Class B felony if someone faces a financial loss of $3,000 or more as a result of selling (or giving away) personal information, if you sold five or more IDs, or if a victim involved in the case is considered a “vulnerable” person or is 60 years old or older.

What Are the Potential Fake ID Penalties in Nevada?

The potential penalties associated with fake ID offenses in Nevada will vary depending on the severity of the offense. For example, if you are convicted of a basic misdemeanor because you only had the fake ID to gain access to a bar, you face a maximum of six months in jail and/or a $1,000 fine. At the other end of the spectrum, you could be sentenced to up to 20 years in prison and ordered to pay up to a $100,000 fine if convicted of a Class B felony involving the sale of IDs where the victim was a “vulnerable” person or was over the age of 60.

What Should I Do If I Have Been Charged with a Fake ID Offense in Nevada?

If you were charged with an offense involving a fake ID in Nevada, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

In today’s electronic world, computers are integral to everything from finding your future spouse to national security. Our reliance on electronics, however, has also led to a significant rise in cybercrimes. Though frequently viewed as less serious “white-collar crimes,” the potential penalties for a cybercrime conviction can be severe. To protect your freedom and your future, it is critical to have a thorough understanding of cybercrimes in NV.

What Is a Cybercrime?

A cybercrime can broadly be defined as any criminal activity that uses a computer or the internet. Common examples of cybercrimes include:

• Hacking: Gaining unauthorized access to a protected computer or information stored electronically.
• Identity theft: Identity theft usually happens in combination with hacking, using personal data without permission to assume their identity.
• Cyberextortion: Through the use of ransomware, the perpetrator attacks or threatens to attack and then demands something (usually money) to stop the attack.
• Child pornography and internet sex crimes: Downloading, distributing, or possessing photos/videos of child pornography and/or non-consensual sexual acts.
• Money laundering: Electronic financial transactions are increasingly used to “launder” the proceeds of criminal activities.
• Internet fraud: Numerous fraud scams, including phishing scams, use the internet to locate and lure victims.
• Stalking: Harassing or bullying over social media, email, or other electronic means.

How Common Are Cybercrimes?

As our dependence on computers continues to grow exponentially, so do instances of cybercrimes. In 2022, the Federal Trade Commission’s (FTC) Consumer Sentinel Network received over five million reports of cybercrimes. That same year, the Identity Theft Research Center (ITRC) Annual Data Breach Report indicated that over 440 million people were affected by a data breach. Unfortunately, Nevada has the unwelcome distinction of topping the list of states losing the most money to cybercrimes with over $6 million per 100,000 residents.

Who Investigates and Prosecutes Cybercrimes in NV?

In the United States, many crimes can be investigated and prosecuted by either the state or federal authorities – or by both. For federal law enforcement agencies to be involved in an investigation they must first have a reason to assert jurisdiction over the crime. In the case of cybercrimes, the very nature of the crimes typically gives the federal government jurisdiction because the conduct in question “crosses state lines.” The F.B.I., for example, “is charged with defending the U.S. against a full range of cybercrimes, including threats from hackers for hire, organized cyber syndicates, and state-sponsored malicious cyber actors.” Generally, federal law enforcement agencies investigate large-scale criminal enterprises while state law enforcement agencies focus on individuals or small groups committing crimes.

The State of Nevada, however, also has laws in place that directly address cybercrimes. Stalking, for instance, “with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication to publish, display or distribute information in a manner that substantially increases the risk of harm or violence to the victim shall be punished for a category C felony.”

If federal law enforcement agents investigate the crime, you will be prosecuted in federal court. If state (or county/city) law enforcement agents handle the investigation, you will be prosecuted by the State of Nevada. Keep in mind though that you can be prosecuted in both state and federal court.

What Are the Potential Penalties for a Cybercrime Conviction?

The potential penalties you face if convicted of a cybercrime can vary dramatically, depending on things such as whether you are prosecuted in state or federal court, the specific criminal offense involved, the injury to a victim (financial or physical), and your own criminal history (or lack thereof). Many cybercrimes, however, are charged as felonies, meaning you could be sentenced to a lengthy period of imprisonment if convicted.

What Should I Do If I Am Charged with a Cybercrime in Las Vegas?

If you have been charged with a cybercrime in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

If you are arrested and charged with driving under the influence (DUI) in Nevada, you will likely be asked to submit to a chemical breath test, commonly referred to as a “breathalyzer.” The results of that test may be used against you in court to help convict you of DUI. What you may not realize, however, is that breathalyzers are not infallible, meaning challenging a DUI breathalyzer is possible.

Nevada DUI Laws: Why Is Blood Alcohol Concentration (BAC) Important?

Historically, state DUI laws simply made it illegal to drive “while under the influence” or “while impaired.” Proving that someone was “under the influence” or “impaired” often proved challenging for prosecutors, resulting in a high rate of acquittals. With the advent of the breathalyzer, which is a brand name for a chemical breath test machine, states began to change their laws to include a presumption that a motorist is driving while under the influence if the motorist has a blood alcohol concentration (BAC) over 0.08 percent. Nevada law makes it illegal to operate or control a vehicle with a concentration of alcohol of 0.08 or more.

What Is a Breathalyzer?

Before the invention of the DUI breathalyzer test, a blood test was the only reliable way to test a person’s blood alcohol concentration. A blood test; however, is invasive, costly, and time-consuming. There is a direct relationship between the concentration of alcohol in your lungs and the concentration present in your blood, allowing a breath test machine to accomplish essentially the same thing as a blood test by testing your exhaled breath and applying a partition ratio using a complex chemical reaction. The alcohol vapor in your breath reacts with an orange solution known as potassium dichromate, turning the solution green. This color change creates an electrical current, which the breathalyzer can convert into a value that then provides a BAC.

Do I Have to Submit to a Chemical Breath Test in Nevada?

Nevada, like most states, has an implied consent law that effectively says that by operating a motor vehicle within the state you have given your consent to a chemical test if a law enforcement officer suspects you of driving under the influence. If you refuse a breath test, your driving privileges will be suspended for one year in addition to any suspension imposed by the court if you are ultimately convicted of DUI. Furthermore, Nevada law allows a law enforcement officer to use “reasonable force” to conduct a blood test if you refuse to submit to a breath test. Your refusal can also be admitted as evidence and used against you at trial to convince a judge or jury that you were driving under the influence.

Can I Challenge the Results of a Breathalyzer in Nevada?

Under perfect conditions, scientific studies have shown breath test machines to be fairly accurate at measuring a person’s blood alcohol concentration. Perfect conditions, however, rarely exist in the real world, meaning that DUI breathalyzer test results may not be as accurate as the prosecution would like the judge or jury to believe. In fact, there are numerous grounds on which the result of a chemical breath test may be challenged, including:

• Improperly calibrated machine: For a breath test machine to work properly it must be inspected and calibrated on a regular basis. A machine that has not been recently calibrated may not provide accurate results.
• User error: Administering a DUI breathalyzer test requires specialized training. If the operator lacks that training the results may be challenged.
• Failing to follow procedures: Very precise procedures must be followed when performing a chemical breath test, including observing the suspect for the required waiting period prior to administering the test.
• Rising blood alcohol content: The amount of alcohol in your blood continues to rise after you ingest your last drink. Sometimes a successful argument can be made that even though the results of your breath test showed your BAC was above 0.08, it would not have been above 0.08 at the time you were operating the vehicle.
• Medications: Certain medications can interfere with the accuracy of a chemical breath test.

What Should I Do If I Was Arrested for DUI in Las Vegas?

If you were arrested and charged with DUI in Las Vegas, consult with a criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

If you have ever been pulled over by a law enforcement officer for allegedly committing a traffic violation, you know how frustrating – and potentially expensive – a routine traffic stop can be. Those flashing lights in your rearview mirror could wind up costing you hundreds of dollars in fines and costs, increased insurance premiums, and even the suspension of your driving privileges. The good news, as explained by a Las Vegas traffic ticket lawyer, is that you have the right to challenge a traffic ticket.

What Are the Potential Penalties for a Traffic Ticket?

When a law enforcement officer conducts a traffic stop, the law says they must have reasonable suspicion that a law has been violated. A simple traffic infraction, such as speeding, failing to yield, or operating a motor vehicle with an inoperable tail light is a sufficient cause for conducting a traffic stop.

If you are ultimately found guilty of committing an infraction, you will be ordered to pay a monetary penalty along with court costs and fees. The total amount owed will vary depending on the infraction, but can easily approach $1,000. Your car insurance premiums may also increase for several years following some traffic tickets. In addition to monetary penalties and increased car insurance premiums, the Nevada DMV operates a demerit point system that assigns demerit points to your driving record when a conviction notice or notice of infraction from a court is received. If you receive 12 or more points in any 12-month period, your driver’s license is automatically suspended for six months.

What Is the Difference Between a Civil Infraction and a Criminal Traffic Violation?

A traffic stop could result in the issuance of a civil traffic infraction or a criminal traffic violation. A civil infraction is a non-criminal traffic infraction, punishable by monetary penalties and points against your license only. Examples of civil infractions include things such as speeding and failing to signal a turn. You will not be required to appear in court for a civil infraction unless it is your fourth or greater occurrence within three years. A criminal traffic violation is charged as a misdemeanor, potentially punishable by a period of incarceration and/or fines and costs. Examples of criminal traffic violations include reckless driving and driving under the influence (DUI). If you are charged with a criminal violation, you will be required to appear in court.

Can I Challenge a Traffic Ticket in Nevada?

Whether you were issued a civil traffic infraction or were charged with a criminal violation, you have the right to challenge, or contest, the allegations. How you go about doing so will depend on which type of ticket you were issued.

If you were issued a civil infraction, you have the option to pay for the ticket if you do not wish to dispute the allegations. In that case, a record of conviction will be forwarded to the Nevada Department of Motor Vehicles (or appropriate state agency) and points may be assigned to your driving record. If you were charged with a criminal violation, you must appear in court and plead no contest or guilty if you do not want to dispute the allegations.

To challenge (dispute) a civil infraction, you must submit a form to the appropriate court requesting a hearing within 90 calendar days from the date the ticket was issued. You will be required to post a bond in the amount equal to the full payment of the civil penalty, the administrative assessment, and any fees specified for the civil infraction unless you qualify for a hardship waiver. After the court receives notice that you have disputed the ticket, you will be assigned a hearing date. To dispute a criminal violation, you must appear in court on the date and time assigned to your case and plead “not guilty.” The court will then give you a trial date at which you will be able to defend the allegations against you.

What Should I Do If I Want to Challenge a Traffic Ticket in Las Vegas?

If you were issued a traffic citation or were charged with a criminal violation, consult with an experienced traffic ticket lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Many wonder if you can drive with an expired license. Like most states, the State of Nevada requires residents to renew a driver’s license before the expiration date of the license. While making a trip to the Department of Motor Vehicles is probably not something you look forward to, operating a motor vehicle with an expired license is a violation of Nevada law. To ensure that you know your rights, the Vegas Lawyers explain the legal implications of driving with an expired license in Nevada.

When Does My Driver’s License Expire in Nevada?

When you receive your Nevada driver’s license, the Department of Motor Vehicles automatically sets an expiration date for your license. Typically, a Nevada driver’s license is valid for eight years from the date the license was issued. Exceptions to this rule apply to a learner’s permit which expires after one year and to drivers who are 65 years of age and older who must renew their driver’s license every four years.

What Are the Potential Penalties for Driving with an Expired License in Nevada?

Driving with an expired license is the same as driving without a license given that an expired license is not a valid license. NRS § 483.230 makes it a criminal offense to operate a motor vehicle on a public roadway without a valid driver’s license. Driving without a valid license is a misdemeanor offense in Nevada, punishable by up to six months in jail and/or a fine of up to $1,000. In addition, the Nevada Department of Motor Vehicles operates on a point system, assigning points to your driver’s license if you are convicted of a traffic offense, including driving without a valid license. If you accrue 12 or more points within a 12-month period, your driving privileges will automatically be suspended. Finally, you could face increased insurance premiums for several years after being convicted of driving without a license.

Can I Avoid a Conviction If I Forgot to Renew My Driver’s License?

If you forgot to renew your driver’s license, you are hardly alone. Getting pulled over and charged with driving without a valid license was likely just bad luck; however, you undoubtedly want to avoid having a conviction on your driver and criminal history. The good news is that it may be possible to avoid a conviction altogether or to get the charges reduced to a civil infraction if you get your license renewed, and you do not have a problematic driving history.

How Can I Renew My Nevada Driver’s License?

You can renew your license at a Nevada DMV office or you may be eligible to renew online if you are between the ages of 16 and 70, your license expires within the next 60 days or expired within the preceding 364 days, you have a non-commercial license, and you have not had three or more moving violations in the past four years.

What Should I Do If I Have Been Charged with Driving with an Expired License in Nevada?

If you were charged with driving with an expired license in Nevada, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.

Like most states, Nevada makes a distinction between battery vs domestic battery. If you have been charged with either, you should understand the difference between the charges as well as the potential penalties if you are convicted.

How Is Battery Defined in Nevada?

The criminal offense of battery is governed by NRS 200.481 which defines battery as “any willful and unlawful use of force or violence upon the person of another.” For example, hitting, shoving, or kicking someone could be charged as a simple battery in Nevada.

What Are the Potential Penalties for a Battery Conviction in Nevada?

If the battery did not involve the use of a deadly weapon and the victim does not fall into a protected class (discussed below), the defendant will be charged with a misdemeanor. If convicted, a defendant faces up to six months in jail and/or a fine of up to $1,000.

If the defendant did not use a deadly weapon but the victim sustained substantial bodily harm or was strangled, the defendant may be charged with a Class C felony, punishable by one to five years in prison and up to a $10,000 fine.

If the defendant did use a deadly weapon, and the victim sustained substantial bodily harm or was strangled, the defendant may be charged with a Class B felony and may face a term of imprisonment of two to 15 years and a fine of up to $10,000.

If the battery is committed upon an officer, provider of health care, school employee, taxicab driver or transit operator who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the defendant knew or should have known that the victim was acting in his official capacity and the victim suffered substantial bodily injured, was strangled, or a deadly weapon was involved, the defendant faces a Class B felony and may be sentenced to prison for a term of two years to 15 years and a fine of up to $10,000. In the absence of a deadly weapon, strangulation, or substantial bodily injury to the victim, a defendant will be charged with a gross misdemeanor, punishable by up to 364 days in jail and a fine of up to $2,000.

What Makes a Battery a Domestic Battery under Nevada Law?

In Nevada, battery domestic violence (BDV) is governed by NRS 33.018 which makes it a crime to commit a battery, assault, coercion, sexual assault, false imprisonment, pandering, or to engage in a knowing, purposeful, or reckless course of conduct intended to harass the other person if the defendant is or was in a domestic relationship with the victim. The key difference between a battery and a BDV is the relationship between the defendant and the victim. If the alleged victim is any of the following, it may be charged as battery domestic violence:

• Spouse.
• Former spouse.
• Any other person to whom the person is related by blood or marriage.
• Any other person with whom the person has had or is having a dating relationship.
• Any other person with whom the person has a child in common.
• The minor child of any of those persons.
• The person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child.

What Are the Potential Penalties for a Battery Domestic Violence Conviction in Nevada?

A first or second offense (within 7 years) of battery domestic violence is usually charged as a misdemeanor in Nevada, punishable by two days to six months in jail, 48 to 120 hours of community service, and a fine of $200 to $1,000. A third conviction within seven years can be charged as a Class B Felony, punishable by one to six years in prison and a fine of up to $5,000. In addition, aggravating factors can increase a misdemeanor BDV to a felony, punishable by up to 15 years in prison. Examples of aggravating factors include a pregnant victim or serious bodily injury sustained by the victim.

What Should I Do If I Am Charged with Battery or Domestic Battery in Las Vegas?

If you have been charged with battery or domestic battery in Las Vegas, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.