Although the terms “assault” and “battery” are often used together, or even interchangeably, in everyday language, they are separate criminal offenses under the laws of the State of Nevada. As such, both offenses have distinct legal definitions and penalties. If you are facing criminal charges in Nevada for assault, battery, or both, it is crucial to understand how the state defines assault and battery charges as well as what the penalties are for each if convicted. If you have specific questions or concerns about assault and battery charges in Las Vegas, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Understanding “Assault” in Nevada

In the State of Nevada NRS 200.471 governs the offense of assault, defined as unlawfully attempting to use physical force against another individual or intentionally placing someone in reasonable fear of immediate physical harm. One key difference between the crimes of assault and battery is that no physical contact is necessary for assault to occur. A raised fist, a sudden aggressive movement, or a threat that causes someone to fear “immediate physical harm” could all fall under the legal definition of assault in Nevada.

Understanding “Battery” in Nevada

Battery, on the other hand, requires actual physical contact. Governed by NRS 200.481, battery is defined as the “willful and unlawful use of force or violence against another person.” This definition encompasses a wide range of physical acts, such as slapping, punching, shoving, or striking with an object. If the accused and the alleged victim have a romantic or familial relationship, battery may be classified as battery domestic violence (BDV) under Nevada law. Although the basic elements are the same for battery and BDV, the relationship between the accused and the alleged victim can change how the case is prosecuted and the potential penalties for a conviction.

What Are the Potential Penalties for Assault and Battery Charges in Nevada?

Although they are often mentioned together, assault and battery charges are legally distinct. Assault focuses on threats or attempts to use force, while battery deals with the actual use of force. In many cases, the conduct that begins as an assault escalates to battery the moment physical contact is made, which is why the two offenses are frequently charged together. If you have been charged with assault and battery, it is imperative to understand the potential penalties should you be convicted.

In the absence of aggravating circumstances, simple assault and simple battery are both charged as misdemeanors, punishable by a jail sentence of up to six months, a fine of up to $1,000, or both. When the victim belongs to a protected class, such as law enforcement personnel, healthcare providers, school staff, or referees, assault or battery can be elevated to a gross misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $2,000 if you are convicted.

Battery without a deadly weapon but involving substantial bodily injury or that is committed through strangulation is classified as a Category C felony which carries a potential prison term of one to five years and a fine of up to $10,000 if convicted.

Assault can be elevated to a Category B felony if the offense involved the use of a deadly weapon, or even the ability to use one at the time. Conviction of assault as a Category B felony carries a potential prison term ranging from one to six years, along with a possible fine of up to $5,000.

Finally, battery with the use of a deadly weapon can be charged as a Category B felony. If no serious injury occurs, you face a potential term of imprisonment of two to 10 years and a fine of up to $10,000. If substantial bodily harm results or the battery includes strangulation, the maximum prison term increases to 15 years.

Contact A Las Vegas Assault and Battery Attorney at The Vegas Lawyers

If you are facing assault and battery charges in Las Vegas, consult with an experienced Las Vegas assault and battery attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Realizing that you are the target of a criminal investigation or being charged with a criminal offense can be a frightening and confusing experience. An accusation alone can negatively impact your personal and professional life, while a conviction can cost you your freedom. Attempting to navigate the criminal justice system on your own or waiting too long to seek legal counsel can jeopardize the outcome of your case.  Conversely, consulting with an experienced criminal defense attorney at The Vegas Lawyer early on in an investigation or prosecution can significantly improve the likelihood of a positive outcome.

Are You the Target of a Criminal Investigation in Nevada?

Did you receive a “Target Letter” informing you are the target of a federal criminal investigation? Have you received a phone call or a visit from local law enforcement officers? If so, it is imperative to understand that from the moment you become the target of a criminal investigation, or are contacted by law enforcement, your rights, future, and freedom are at risk. Do not convince yourself that you can “explain” or talk your way out of charges being filed against you. Remember, law enforcement officers are trained to ask questions designed to gather evidence and anything you say during an investigation may later be used as evidence against you in court. If you seek legal counsel, however, your attorney can intervene early to protect your rights, guide your interactions with police, and begin building a defense strategy that could prevent you from being charged or prevent a conviction if you are charged.

Preventing Mistakes

For most people, a criminal investigation or prosecution is unfamiliar territory. This makes mistakes easy to make, and those mistakes could have dire consequences. One of the many reasons to seek legal counsel early is to prevent these mistakes. For example, speaking to law enforcement officers without an attorney could lead to your words being misinterpreted or taken out of context and used to support an arrest or conviction. With a lawyer on your side, you will only speak to law enforcement if it benefits you and, even then, only under your attorney’s supervision.

Influence Charging Decisions

Most people do not realize that an arrest does not always lead to criminal charges being filed. In fact, the prosecutor will typically review police reports, witness statements, and other evidence before deciding whether to proceed and what charges to file against a defendant. An important reason to seek legal counsel early is that your attorney may be able to reach out to the prosecutor to present favorable evidence or arguments and prevent charges from being filed or reduce the severity of the charges that are filed against you.

Protecting Your Rights

As a suspect or defendant, you have several valuable rights, guaranteed to you under the U.S. Constitution. To benefit from these rights, however, you must understand them and know how to exercise them. An attorney can explain your rights to you, help you assert them when appropriate, and address any violations that occur during an investigation or prosecution. For instance, if an illegal search uncovers evidence that could be used against you, your attorney can move to exclude that evidence from trial based on the violation of your 4^th Amendment rights.

Building a Defense

When it comes to gathering evidence, protecting documents, and identifying favorable witnesses, time is of the essence in a criminal case. Surveillance footage can be erased, physical evidence may degrade, and memories fade. Hiring a criminal defense attorney as early as possible improves your chances of preserving evidence that supports your defense. It also prevents you from saying or doing anything that could interfere with a successful defense strategy.

Contact A Las Vegas Criminal Defense Attorney at The Vegas Lawyers

If you have been charged with a criminal offense in Las Vegas, or you believe you are the target of a criminal investigation, consult with an experienced Las Vegas criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

If you are arrested for driving under the influence (DUI) in Nevada, you will typically be asked to submit to a chemical breath test to measure your blood alcohol concentration (BAC) after you arrive at the jail or station. The test, however, may not be administered immediately upon your arrival, or it may be repeated after some time has passed. Delays in the administration of a chemical breath test are often connected to the “2-hour rule” in Nevada. Understanding how Nevada’s 2-hour rule works, and how it could impact your case, is essential if you are facing DUI charges. If you have specific questions about a DUI case in Nevada, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

What Is the Rising Blood Alcohol Defense?

The 2-hour rule was codified into Nevada law as a response to a commonly used defense strategy used in DUI prosecutions. This defense strategy, referred to as the “rising blood alcohol defense,” is based on the way the human body processes, absorbs, and metabolizes alcohol. When there is a delay between the time a defendant was driving a vehicle and the time a breath or blood test was administered, an argument can be (and often is) made that the test results do not accurately reflect the defendant’s BAC level at the time he or she was operating the vehicle.

Because alcohol is not instantly absorbed into your bloodstream, it can take anywhere from 30 minutes to two hours for your blood alcohol concentration (BAC) to reach its peak level after consuming an alcoholic beverage. During this absorption phase, your BAC continues to rise even though you are no longer consuming alcohol. In practical terms, this means that if you consumed alcohol shortly before driving and were then pulled over and arrested for DUI, your breath test results may not accurately reflect your BAC at the time you were actually operating the vehicle. The science behind alcohol absorption gave rise to the “rising blood alcohol” defense, which alleges that a defendant’s BAC was below the legal limit when they were driving and only rose above the limit after they were arrested.

What Is the Nevada 2-Hour Rule?

The “2-hour Rule” refers to Nevada’s DUI law which allows a motorist to be charged with DUI if they are under the influence of intoxicating liquor, have a concentration of alcohol of 0.08 or more in his or her blood or breath, or are found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath. The “within 2 hours” language was added to the statute to make it easier for prosecutors to successfully prosecute DUI cases when they are dependent on the results of a chemical breath test to garner a conviction.

Without the 2 hour “grace period” in the law, there would be a greater burden on the state to prove that your BAC level was over the legal limit at the exact moment you were operating the vehicle. If law enforcement officers are required to conduct a chemical breath test as soon as an arrestee arrives at the jail, the defendant’s blood alcohol level could be rising or falling, depending on when the individual last consumed alcohol. The 2-hour provision effectively extends the window in which the state can collect and rely on evidence of intoxication, making it more likely they will get a conviction for driving under the influence.

Contact A Las Vegas DUI Defense Attorney at The Vegas Lawyers

If you have been charged with driving under the influence (DUI) in Las Vegas, consult with an experienced Las Vegas DUI defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

As a popular tourist destination, Las Vegas draws millions of visitors from around the world each year. If you are planning a trip to Las Vegas, and you plan to bring along a firearm, it is crucial to understand the applicable gun laws. With that in mind, the attorneys at The Vegas Lawyers explain the Las Vegas gun laws for tourists. If you have additional questions or concerns about what you can and cannot do with your gun while visiting Las Vegas, contact The Vegas Lawyers today by calling (725) 217-4768 to schedule your free consultation.

Nevada Gun Law Basics: Understanding “Open Carry”

Along with the right to bear arms found in the U.S. Constitution, the Nevada State Constitution grants every citizen the “right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.” Nevada is referred to as an “open carry” state, meaning that you are not required to obtain a permit or go through a registration process if you wish to have a gun that is “openly visible.” In practical terms, this means that if you meet the age requirements (18 for long guns and 21 for handguns or semiautomatic long guns), you can carry a handgun on your person in an openly visible holster or carry a long gun dangling from your shoulder or across your back provided it is visible. The “open carry” law applies to both residents and visitors in Nevada.

Can I Carry a Concealed Firearm in Las Vegas?

While you can openly carry a handgun or long gun in Las Vegas with few restrictions, carrying a concealed firearm is another story. Nevada law considers a firearm to be “concealed” if it is “carried upon a person in such a manner as not to be discernible by ordinary observation.” The concealed carry laws apply both to firearms carried directly on your person and those carried in a container, such as in a purse, backpack, or briefcase.

To carry a concealed firearm in Las Vegas, you must have a concealed carry permit. To qualify for a concealed carry weapon (CCW) permit, you must be 21 years of age or older (18 if you are active military or have received an honorable discharge), be able to lawfully possess a firearm, and successfully complete an approved firearms course taught by a certified Nevada CCW instructor inside the state of Nevada. As an out-of-state resident, you can apply for a permit in the county where you completed the required training. Alternatively, Nevada does grant reciprocity to numerous states, allowing you to carry a concealed firearm in Nevada if you have a valid permit from one of the reciprocal states. Because the reciprocity rules and procedures are subject to change, check with an attorney before relying on an out-of-state permit to carry a concealed firearm in Las Vegas.

Finally, even with a valid concealed carry permit from Nevada or a reciprocal state, there are places where you cannot carry a concealed firearm, such as:

• University dormitories or halls of residence.
• Public or primary schools (including school activities off premises).
• School buses, vans, or other methods of student transportation.
• Buildings that are used for the care of children.
• Government veterans’ residences.
• Prison premises and juvenile facilities.
• Anywhere with a sign prohibiting the use of firearms.

Las Vegas Gun Laws for Tourists Traveling through the State

Understanding the Las Vegas guns laws for tourists traveling through the state is also crucial if you plan to have a firearm in your vehicle. Although you can openly carry a loaded or unloaded handgun in your vehicle as well as an unloaded long gun, Nevada law makes it illegal to carry a loaded rifle or loaded shotgun in or on any vehicle. A CCW permit is also required to carry a concealed handgun in your vehicle whether it is loaded or unloaded.

Contact A Las Vegas Gun Laws Attorney at The Vegas Lawyers

If you have additional questions or concerns about Las Vegas gun laws for tourists, consult with an experienced Las Vegas gun laws attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Whether you are a full-time resident or an occasional visitor to the city, you are probably not surprised to learn that DUI arrests in Las Vegas are a fairly common occurrence. If you were one of the many motorists arrested for DUI in Las Vegas, it is imperative to understand the serious nature of your legal situation. Toward that end, The Vegas Lawyers discuss the legal implications of a DUI arrest and explain what steps should be taken if you have been charged with driving under the influence in Las Vegas.

Nevada DUI Laws

Nevada law makes it a crime to operate a motor vehicle under any of the following circumstances:

• While impaired by drugs or alcohol.
• With a blood alcohol content (BAC) of 0.08% or higher.
• While under the influence of a controlled substance.

While the most common DUI scenario involves a defendant who submitted to a chemical breath test that showed a BAC level of 0.08 percent or higher, it is crucial to understand that DUI arrests in Las Vegas may also allege that a motorist was under the influence of illicit, prescribed, or over-the-counter drugs. It is also important to understand that the prosecution is not required to present evidence of a chemical breath test to prove that a motorist was “impaired” by alcohol while driving.

What Are the Potential Legal Consequences of a DUI Conviction in Las Vegas?

Driving under the influence is usually charged as a misdemeanor in Nevada if it is your first or second offense within a seven-year period. If convicted, you may be sentenced to up to six months in jail, community service work, a license suspension of 180 days as well as mandatory attendance at a victim impact panel and DUI school, installation of an ignition interlock device in your vehicle, and a fine of up to $1,000.

DUI arrests in Las Vegas can result in felony charges if it is your third DUI within a seven-year period, you have a previous felony conviction for driving under the influence or caused substantial bodily harm or death during the commission of the offense, or if you cause the death of another person (vehicular homicide) while driving under the influence and you have three or more previous convictions for DUI. If you are convicted for felony DUI in Nevada, you face significantly increased penalties, including a lengthy term of imprisonment and a much longer license suspension.

What Steps Should I Take After a DUI Arrest in Las Vegas?

Finding yourself in handcuffs and under arrest for DUI is usually a frightening experience. Knowing what steps to take next can be crucial to the final outcome of your DUI case. While every DUI arrest involves a unique set of facts and circumstances, common next steps include:

1. Exercising Your Right to Remain Silent: A common mistake people make during a traffic stop that turns into a DUI investigation is believing they can talk the officer out of arresting them. You are far more likely to provide the officer with incriminating evidence that can be used against you in court if you answer questions (beyond providing basic identifying information) or engage in conversation. You have a right to remain silent, but you must exercise that right for it to protect you.
2. Getting Released from Custody: If you do not have a lengthy criminal history, you may be released on your “own recognizance,” meaning you will not need to pay a bond, but you do promise to appear in court and abide by all release conditions. If a bond is required, and you cannot afford to pay it, a DUI defense attorney may be able to get your bond reduced at your initial court appearance.
3. Retaining an Experienced Las Vegas DUI Attorney: The negative judicial and non-judicial consequences of a DUI conviction can impact your life for many years to come. With that in mind, the most important step you should take after a DUI arrest is to retain the services of an experienced Las Vegas DUI defense attorney. The sooner an attorney becomes involved in your case, the better your chances are of avoiding a conviction or minimizing the penalties if a conviction is unavoidable.

Contact A Las Vegas DUI Defense Attorney at The Vegas Lawyers

At The Vegas Lawyers, we are dedicated to aggressively protecting you and your rights if you are facing DUI charges in Las Vegas. Consult with an experienced DUI defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

A criminal conviction can cast a long shadow over your life, affecting everything from job prospects to housing opportunities and even your parental rights. In Nevada, however, you may be able to do something about the fact that you have a criminal conviction on your public record by getting that record sealed. Record sealing removes your conviction from public view, offering you a fresh start without the burden of a visible criminal past. To help you get started, The Vegas Lawyers offer a step-by-step guide that explains how to seal your criminal record in Nevada.

What Does It Mean to Seal Your Record in Nevada?

Before taking action, it is important to understand what you can, and cannot, achieve by sealing your criminal record in Nevada. Sealing a criminal record in Nevada does not erase or destroy the record, but it does remove the record from public access. Once sealed, the record is no longer visible to most employers, landlords, or members of the public conducting background checks, although law enforcement and certain authorized agencies may still access sealed records under specific circumstances.

Am I Eligible to Seal My Criminal Record in Nevada?

If you are concerned about your criminal record following you for the remainder of your life, consider yourself fortunate to be dealing with the laws of the State of Nevada as they have relatively liberal record-sealing laws. Most criminal convictions are eligible to be sealed except for sex crimes, felony drunk or drugged driving, invasion of the home with a deadly weapon, and crimes committed against children under the age of 18. You may, however, be required to wait to seal your record because Nevada does use the following waiting periods, calculated from the date of release from actual custody, completion of a suspended sentence, or discharge from parole or probation, whichever occurs later:

• A category A or B felony: 15 years.
• A category C or D felony: 12 years.
• A category E felony: 10 years.
• Any gross misdemeanor: 7 years.
• A violation of NRS 484.379 (Driving under the influence) other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony:  7 years.
• Any other misdemeanor: 3 years.

What Are the Steps Involved in Sealing a Criminal Record in Nevada?

Understanding how to seal your criminal record in Nevada is crucial to putting your past mistakes behind you and moving forward with your life. With that in mind, the following steps are typically required to seal a record in Nevada:

1. Request a SCOPE Report: SCOPE stands for “Shared Computer Operations for Protection and Enforcement” which is a report that serves as a verified copy of your criminal history. You must request a SCOPE report from the law enforcement agency that arrested you. For example, if you were arrested by Las Vegas Metropolitan Police Department (LVMPD), contact them at (702) 828-3475 to obtain a report.
2. Obtain Judgment of Conviction and Discharge:  You also need to obtain a copy of the “Judgment of Conviction and Discharge” for each conviction you wish sealed. If your case was prosecuted in Las Vegas, the Judgment can be obtained from the District Court Clerk at 200 Lewis Avenue, Las Vegas, Nevada 89155. The Judgment must show that the case was “closed.” The date shown in that document will be used to determine your applicable waiting period.
3. Determine Where to File: The SCOPE report also indicates which court has jurisdiction, meaning where to file your petition. If all records are from a single Justice Court (such as Henderson Justice Court), you can file your petition directly with that court; however, if multiple jurisdictions are involved, you will need to file with the District Court.
4. Prepare Your Documents: You must file a Petition that includes all your arrests, the police agencies that arrested you, the dates of the arrests, criminal charges filed against you, and the final disposition of each case. In addition, you must file an Affidavit and proposed Order with the appropriate Court.
5. Make Copies for the District Attorney’s Office: Make copies of all your documents and deliver them to the Clark County District Attorney’s Office for review. Ideally, the District Attorney’s Office will stipulate that you are eligible to have your record sealed. If the D.A.’s office does agree, you will be notified and told how/when to pick up the signed stipulation.
6. File with the Court: Ultimately, you must file all your documents with the appropriate Court for the judge to review. If everything is in order, and the judge agrees that sealing of your record is warranted, the judge will sign an Order.
7. Send Copies to Law Enforcement Agencies: If you do get a signed Order, it is up to you to make sure that all relevant law enforcement agencies receive a copy of the Order. The law enforcement agency is then legally obligated to remove (seal) the relevant record(s) from their computer system.

Contact A Las Vegas Criminal Record Sealing Lawyer at The Vegas Lawyers

If you have a criminal record that you want removed from your criminal history, consult with an experienced criminal record-sealing lawyer at The Vegas Lawyers as soon as possible to discuss your legal options. Call us at 702-707-7000 or contact us online.

For many years, domestic violence was largely ignored, with allegations often dismissed by police and the courts. In the State of Nevada, however, the law now treats domestic abuse as a serious criminal offense and may impose severe consequences on those who are convicted of committing domestic violence. The Vegas Lawyers explain why having an experienced lawyer on your side is crucial if you are facing domestic violence charges.

Nevada Domestic Violence Laws

Governed by NRS 33.018, domestic violence in the State of Nevada may refer to a variety of conduct, listed in the statute, when the alleged victim is any of the following:

• A spouse or ex-spouse.
• A blood relative or relative by marriage.
• A current or former dating partner.
• A person with whom you share a child.
• A minor child of any of the above.
• Your minor child or a child you are legally responsible for as a guardian.

If you are convicted of domestic violence in Nevada, you could face six months to six years in jail, depending on the severity level of the charges. In addition, you may be required to pay fines and court costs as well as serve a period of time on probation. The non-judicial consequences of a domestic battery conviction, which may include a prohibition against owning or carrying firearms, disqualification from employment, and interference with child custody, can be equally punitive.

Do I Need a Lawyer for Domestic Violence Charges?

If you have been charged with domestic violence in Las Vegas, it is imperative to understand that the consequences can be far-reaching and long-lasting. Allegations of domestic violence, even without a conviction, can disrupt your life and damage your reputation. If you are convicted, you could be sentenced to jail time, mandatory evaluations and counseling, hefty fines, and the loss of numerous rights and privileges. The most important step you can take to help mitigate the negative consequences you are facing is to hire an experienced domestic violence lawyer. Consider a few of the many ways in which an attorney can help you:

• Navigating the Legal Process: Along with the repercussions of being accused of domestic violence, you may also be trying to navigate an unfamiliar legal system. Your attorney will explain the charges and go over the prosecution’s evidence against you as well as walk you through each step in the legal process to ensure that you understand everything that happens during your case.
• Protecting Your Rights: You have several crucial rights guaranteed to you by the U.S. Constitution. Your lawyer will explain your rights to you and make sure that you benefit from them when appropriate. Your lawyer can also address any violations of your rights if necessary.
• Developing a Defense Strategy: Although the prosecution bears the burden of proving your guilt, it is always wise to have a defense strategy in place as soon as possible. An experienced attorney will go over the evidence, facts, and circumstances and discuss your legal defense options with you.
• Negotiating with the State: If you are interested in accepting a guilty plea agreement, your lawyer will negotiate the terms of that agreement with the prosecutor to ensure that you receive the most favorable sentencing provisions possible.
• Advocating on Your Behalf: At every court appearance, including trial (if applicable), your lawyer will act as your voice and advocate on your behalf. This may include conducting an independent investigation, interviewing witnesses, and consulting with therapists or officers of the court.

Contact A Las Vegas Domestic Violence Lawyer at The Vegas Lawyers

If you have been accused of domestic violence, The Vegas Lawyers are dedicated to zealously protecting your rights and defending you in and out of court. Consult with an experienced domestic violence lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

Whether you have been charged by state or federal authorities, facing drug charges in the State of Nevada is something that should be taken seriously given the potential penalties of a conviction. Fortunately, you have several constitutional rights that can help protect you as a defendant in a drug case, but you must understand how and when to exercise those rights to benefit from the protection offered. Toward that end, The Vegas Lawyers explain the role of a drug charge lawyer in protecting your rights throughout a criminal prosecution.

What Are My Rights?

In the United States, a defendant in a criminal prosecution is guaranteed several rights found within the first ten amendments to the U.S. Constitution, collectively referred to as the Bill of Rights. Many of the provisions found in the Constitution of the State of Nevada mirror the rights found in the federal Bill of Rights, reinforcing the rights of a defendant in a criminal prosecution, including the right to:

• Remain Silent: Found in the 5^th Amendment to the U.S. Constitution, the right against self-incrimination (right to remain silent) means precisely what it says. Aside from providing basic identifying information, you are not required to speak to a law enforcement or to answer questions. Moreover, you can exercise this right as well as waive the right at any time.
• Be Free of Unreasonable Searches and Seizures:  The 4^th Amendment guarantees that you will be free from “unreasonable searches and seizures.” Unless an exception applies, this right means that a law enforcement officer cannot conduct a search of your person, property, or things without first obtaining a warrant that must be based on probable cause.
• Be Represented by Counsel: The 6th Amendment gives the accused in a criminal prosecution the right to “assistance of counsel.” Although most of us take this right for granted today, the ability to have an attorney defend and protect you in a criminal case was not always the case.
• Be Protected from Double Jeopardy: Located in the 5^th Amendment, the right to be protected from double jeopardy prevents you from being punished for the same offense twice. In a jury trial, jeopardy attaches when the jury is sworn whereas in a bench trial (tried to a judge), jeopardy attaches following the swearing in of the first witness is sworn in. If you enter into a guilty plea agreement with the prosecution, jeopardy attaches when the court accepts the plea.
• Confront and Cross-Examine Witnesses Against You: The 6^th Amendment gives a defendant the right to confront and cross-examine witnesses against them. In practice, this right allows your defense attorney to depose State witnesses, examine the State’s evidence, and ask witnesses for the State questions during a trial.

How Can a Drug Charge Lawyer Protect My Rights?

The rights that are guaranteed to you under both the U.S. and Nevada Constitutions may play a critical role in your defense strategy; however, you need an experienced drug charge lawyer to ensure that those rights are protected and exercised effectively.  Having an experienced lawyer by your side ensures that your rights are protected throughout the prosecution of your case. Common examples of ways in which a drug charge lawyer can help include:

• Acting as a Shield: Once you ask for an attorney during a custodial interrogation, the police must stop asking you questions and may not resume until your attorney is present. Therefore, from the moment you retain an attorney, your lawyer helps protect your right against self-incrimination.
• Investigating the State’s Evidence: Because you have the right to confront and cross-examine witnesses against you, your lawyer will likely schedule depositions prior to trial, allowing you to gain critical information regarding the intended testimony of those witnesses. Your lawyer also has the right to examine physical evidence and documents the State plans to use as evidence as well as arrange for independent testing of physical evidence.
• Challenging Illegally Obtained Evidence: If your right against unreasonable searches and seizures was violated, your lawyer can address that violation by moving to exclude from trial any evidence obtained during that illegal search. The same applies if your right against self-incrimination was violated and the State wants to use anything you said against you at trial.
• Cross-Examining Witnesses: Your lawyer will be prepared to challenge the reliability and credibility of witnesses at trial through cross-examination. Skilled cross-examination can show inconsistencies in a witness’s testimony, bias on the part of a witness, or may even uncover illegal conduct on the part of law enforcement officers during the underlying investigation.

Contact A Las Vegas Drug Charge Lawyer at The Vegas Lawyers

At The Vegas Lawyers, we will aggressively protect and defend your rights if you have been accused of committing a drug-related crime. Consult with an experienced drug charge lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

If you have been arrested and charged with domestic violence in Nevada, it is crucial to understand that you face serious penalties if convicted. While accusations of domestic violence were once shrugged off by authorities, they are now addressed aggressively by law enforcement officers and courts. To help ensure that you understand the potential legal ramifications of your situation if you have been arrested for domestic violence, the attorneys at The Vegas Lawyers explain when domestic violence is a felony in Nevada.

What Qualifies as Domestic Battery in Nevada?

To understand what qualifies as domestic battery in Nevada, you must first understand how the criminal offense of battery is defined. Governed by NRS 200.481, battery is defined as “any willful and unlawful use of force or violence upon the person of another.” Formerly referred to as “battery domestic violence (BDV)” domestic battery under Nevada law refers to a battery when the victim is any one of the following:

• Spouse or former spouse.
• Any other person to whom the perpetrator is related by blood or marriage.
• Any other person with whom the perpetrator has had or is having a dating relationship.
• Any other person with whom the perpetrator has a child in common.
• The minor child of any of the above-mentioned people.
• The perpetrator’s minor child or a child for whom the perpetrator has been appointed to be the legal guardian.

Is Domestic Battery a Felony in Nevada?

Without aggravating circumstances and in the absence of a history of domestic violence, domestic battery is charged as a misdemeanor in Nevada. You may still be charged with a misdemeanor if you have one previous conviction for domestic battery. There are, however, circumstances under which you could face felony charges for domestic battery in Nevada. Understanding when domestic battery can be charged as a felony under the laws of the State of Nevada is critical if you have been accused of the crime.

Domestic battery (BDV) can be charged as a Category C felony in Nevada if strangulation occurred during the commission of the crime; however, the alleged victim did not suffer substantial bodily injury, and a deadly weapon was not involved in the crime. If convicted, you could be sentenced to one to five years in prison and/or a fine of up to $5,000.

One way to face felony charges for domestic battery is to be charged with BDV for a third or subsequent time within a seven-year period. In that case, you could be charged with a Category B felony, punishable by one to six years in prison and/or a fine of up to $5,000.

You may also be charged with a Category B felony if the alleged domestic battery resulted in the victim sustaining substantial bodily injury but without the use of a deadly weapon. You will also face one to six years in prison and/or up to a $5,000 fine if convicted.

If a deadly weapon was used during the commission of domestic battery, but the alleged victim did not sustain substantial bodily injury, the State may charge you with BDV as a Category B felony, punishable by two to 10 years in prison and/or a fine of up to $10,000.

If a deadly weapon was used and the alleged victim suffered substantial bodily injury or strangulation was used, BDV may be charged as a Category B felony, punishable by an increased term of imprisonment of two to 15 years and/or a fine of up to $10,000.

Finally, if you are a probationer, parolee, or a prisoner who is in lawful custody or confinement at the time a domestic battery crime is committed, you can be charged with a Category B felony and face a prison term of two to 15 years in prison along with a fine of up to $10,000 if convicted. 

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

If you are facing domestic battery charges in Las Vegas, consult with the experienced felony domestic battery attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Gun laws and gun regulations have been the subject of considerable, and often heated, debate in recent years. For firearm enthusiasts and even citizens worried about self-defense, understanding these laws is critical to avoiding problems with law enforcement authorities. Toward that end, the attorneys at The Vegas Lawyers explain what happens if you get caught with a ghost gun in Nevada.

What Is a Ghost Gun?

Although the term “ghost gun” is relatively new, the concept referred to by the phrase is not anything new. A “ghost gun” refers to a firearm without a serial number that has been put together by components purchased either as a kit or as separate pieces. In other words, instead of purchasing the firearm at a local gun store, the owner of the firearm purchased the individual pieces of the gun and put them together to create a fully functioning, and untraceable, firearm. 

The ability to assemble a firearm from a kit or from individually purchased pieces is not something new. As long as firearms have existed, people have had the ability to put them together instead of purchasing a pre-assembled firearm. Both the untraceable nature of ghost guns and the concern that 3D printing technology makes is much easier to create the pieces necessary to assemble ghost guns have caused state and federal authorities to focus on legislation related to ghost guns.

What Happens If You Get Caught with a Ghost Gun in Nevada?

Because “ghost” guns are potentially untraceable, many states have enacted laws relating to the manufacture, sale, or possession of these firearms. Nevada enacted legislation that went into effect in 2022 that makes it illegal to “manufacture or cause to be manufactured or assemble or cause to be assembled a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder…” The only exceptions to this law are if the firearm has been rendered permanently inoperable, is an antique firearm, or has been determined to be a collector’s item. 

It is also illegal under Nevada law (NRS 202.364) to possess, sell, offer to sell, transfer, purchase, transport or receive a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law. The same exceptions apply along with an exception for firearms manufactured prior to 1969.

Nevada’s 2022 ghost gun law was challenged on the grounds that it was “unconstitutionally vague.” In April 2024, the Nevada Supreme Court effectively upheld the constitutionality of the law, meaning that “ghost guns” continue to be illegal in the State of Nevada.

What Are the Potential Penalties for Violating Nevada’s Ghost Gun Laws?

If you are caught manufacturing, selling, transporting, or possessing a “ghost gun” in violation of the relevant Nevada statutes, you can be charged with a gross misdemeanor for a first offense. If convicted, you face up to 364 days in jail and/or a fine of up to $2,000. For a second or subsequent offense, you may be charged with a Category D felony, punishable by one to four years in prison and/or a fine of up to $5,000.

Are Ghost Guns Illegal Under Federal Law?

Not only do you risk violating Nevada state law if you are caught with a ghost gun in Las Vegas, but you may also be in violation of U.S. federal law. In 2025, the U.S. Supreme Court upheld a ruling that allows the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate “ghost guns” under the Gun Control Act of 1968. In essence, the Supreme Court ruling means that ATF can apply the same serial number, background check, and record-keeping requirements to gun making kits that have long been applied to traditional pre-assembled firearms.

What Should I Do If I Was Caught with a Ghost Gun in Las Vegas?

If you were caught with a ghost gun in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.