If you are the defendant in a Nevada criminal prosecution, it is imperative that you have a clear understanding of the charges filed against you. Two crimes that are frequently misunderstood and mistakenly used interchangeably are burglary and robbery. Although there are some similarities between the two crimes, they are separate criminal offenses with distinct elements and penalties. To help ensure that you have a firm grasp of your legal situation, the Vegas Lawyers explain the legal difference between burglary vs robbery.

How Is Burglary Defined in Nevada?

Governed by NRS 205.060, the criminal offense of burglary is defined as unlawfully entering or remaining in a dwelling or vehicle with the intent to commit larceny, assault, battery or any felony or the intent to obtain money or property by false pretenses once inside the dwelling or vehicle. It is crucial to understand that having the intent to commit the additional crime satisfies the required element of burglary even if you do not actually commit the additional crime. For example, entering a neighbor’s home with a plan to steal money or jewelry found inside the home can be charged as burglary even if you turned around and left without taking anything.

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

Although burglary is always a felony offense in Nevada, the category of felony and potential penalties you face for a conviction will depend on several factors as follows:

• Burglary of a motor vehicle: For a first offense, burglary of a motor vehicle is charged as a Category E felony, punishable by one to four years in prison (which can be suspended) if convicted. A second or subsequent offense is charged as a Category D felony, also punishable by one to four years in prison without the option for a suspended sentence.
• Burglary of a Structure (other than a residence of business): Charged as a Category D felony, punishable by a prison term of one to four years and/or a fine of up to $5,000.
• Burglary of a Business: Charged as a Category C felony, a conviction for burglary of a business is punishable by one to five years in prison and/or a fine of up to $10,000.
• Burglary of a Residence: Burglary of a residence is charged as a Category B felony with a potential penalty of one to 15 years in prison and/or a fine of up to $10,000 if convicted.

How Is Robbery Defined in Nevada?

Nevada law defines robbery as the “unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury…” For purposes of the crime of robbery, the “fear of injury” can be immediate or in the future and a taking is by “means of force or fear” if force or fear is used to do any of the following:

• Obtain or retain possession of the property.
• Prevent or overcome resistance to the taking.
• Facilitate escape.

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

Simple robbery, meaning a robbery committed without the use of a deadly weapon, is charged as a Category B felony in Nevada and is punishable by a term of imprisonment of two to 15 years in prison. If a deadly weapon is used during the commission of a robbery in Nevada, you face an additional prison sentence of one to 15 years to run consecutively (after your original sentence).

Burglary vs Robbery in Nevada: What Are the Primary Differences?

Both burglary and robbery are serious criminal offenses in Nevada that carry lengthy prison terms if convicted; however, there are some important differences between the two crimes. While burglary involves entering a home or dwelling with the intent to commit a crime, it does not require you to actually commit that crime and does not require force or threats. 

What Should I Do If I Was Charged with Burglary or Robbery in Las Vegas?

If you have been charged with burglary or robbery in Las Vegas, consult with the experienced 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.

Being involved in a motor vehicle accident is stressful under normal circumstances. If you were also driving while under the influence of alcohol or drugs when you were involved in an accident, you may be more inclined to make bad decisions in the immediate aftermath. For example, you may be tempted to take off instead of remaining at the scene of the accident.  The attorneys at The Vegas Lawyers explain why leaving the scene of an accident to avoid DUI in Nevada can lead to additional charges and penalties.

What Are My Legal Obligations Following an Accident in Nevada?

If you are involved in a motor vehicle accident that causes damage to property or injury to a person, Nevada law, governed by NRS 484E.030, makes it very clear that you are required to stop at the scene of the accident and provide your name, registration, and address to the other parties involved in the collision and/or to the police. 

If someone was injured in the crash, you are also required to render “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.”

In addition, Nevada law requires you to notify the appropriate law enforcement agency following a motor vehicle accident that results in death, bodily injury, or property damage valued at $750 or more. This means that even if the police are not called to the scene of a motor vehicle accident, you have a legal obligation to notify the police of the crash by filing a Nevada SR-1 accident report within 10 days of the accident. Failing to file an accident report can result in the suspension of your driving privileges for up to a year while filing a false accident report can be charged as a gross misdemeanor, punishable by up to 364 days in jail and/or a fine of up to $2,000.

Leaving the Scene of an Accident to Avoid a DUI Is a Crime in Nevada

If you are under the influence of alcohol or drugs at the time you are involved in a collision, your knee-jerk reaction may be to leave the scene of the accident to try and avoid being charged with driving under the influence (DUI). Doing so, however, exposes you to additional criminal charges being filed against you because leaving the scene of an accident is a crime in Nevada.

In the State of Nevada, leaving the scene of a property damage accident, or failing to provide information or render aid, is a criminal misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000. It may also result in six points being charged against your driver’s license under Nevada’s demerit point system.

If you leave the scene of a motor vehicle accident that caused injury or death in Nevada, you may be charged with a Category B felony for each person injured or killed in the collision. If convicted, you could be sentenced to a prison term of two to 20 years and/or be fined up to $5,000. Moreover, your sentence cannot be suspended, and you face revocation of your driver’s license if convicted.

Keep in mind that the charges and penalties you face for leaving the scene of an accident to avoid a DUI are in addition to any charges and penalties directly related to driving under the influence. While it can make it more difficult to convict you of DUI without a breath test result taken immediately after a crash, the state can still charge and convict you of DUI even if you fled the scene of the accident. 

What Should I Do If I Left the Scene of a DUI Accident in Las Vegas?

If you left the scene of a DUI accident in Las Vegas, consult with the experienced Las Vegas DUI 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.

Whether as the result of a guilty verdict at trial or because you entered into a guilty plea agreement with the State of Tennessee, serving a period of time on probation may be part of your sentencing following a criminal conviction. While probation is certainly preferable to spending time in jail, a Nevada probation violation can land you right back in jail. To help you avoid such unwanted consequences, the probation violation lawyers at The Vegas Lawyers explain some common probation violations in Nevada and how you can avoid them.

What Is Probation in Nevada?

Before you begin a term of probation, it is critical to understand what probation is and what it is not. Probation is a sentencing alternative to incarceration, allowing a defendant to avoid or reduce time spent in jail or prison, and may be ordered in lieu of, or in addition to, incarceration. Typically, a judge imposes a sentence that includes a period of incarceration; however, the judge can then suspend a portion of, or even the entire, jail/prison sentence and order that time to be spent on probation under the court’s supervision. 

By way of illustration, you might be sentenced to serve two years in prison with one year suspended and spent on probation. While you will only serve one year in prison, the remaining “suspended” time is still part of your original sentence, effectively hanging over your head while you are on probation. As such, a probation violation could result in the judge ordering you to serve that suspended sentence in prison.

While on probation, all probationers must abide by “standard” conditions, which include things such as maintaining employment or attending school, checking in with a probation officer, refraining from drug and alcohol use, and avoiding any new criminal activity. In addition, you may be ordered to abide by “special” conditions that depend on the nature of the case or personal characteristics, such as paying restitution, completing a drug or alcohol treatment program, undergoing a mental health evaluation, or avoiding contact with certain individuals.

What Are Common Probation Violations?

While probation offers an opportunity to remain out of jail, a violation can result in serious consequences, including a return to jail. Understanding some of the ways you can violate your probation can help prevent such negative consequences and ensure that you keep your freedom. While there are numerous ways to violate probation, a few common violations include:

• Getting arrested on a new charge. A new arrest is a sure-fire way to violate your probation. Although your probation officer has considerable discretion, in most cases, when it comes to deciding whether to file a violation with the court, getting arrested for a new offense while on probation typically triggers an automatic notice to the court supervising your probation. It should go without saying that you need to stay out of legal trouble while on probation.
• Testing positive on a drug/alcohol test. Submitting to random screenings for drugs and alcohol is usually a standard condition of probation and testing positive may result in a violation of your probation. To avoid being violated for a positive test result, assume that you could be tested at any time and refrain from using drugs or consuming alcohol accordingly. If you have a drug or alcohol problem, talk to your officer about rehabilitation options. Do not fail to show up for an appointment because you are concerned about being tested, because the penalties for failing to show up are often worse than those for testing positive.
• Missing a scheduled meeting with your probation officer. Another standard condition of probation is meeting with your probation officer as scheduled. Failing to show up without good cause can trigger a violation. Only a legitimate, documented emergency, such as a death in your immediate family or hospitalization, might justify an absence.

What Happens If I Violate My Probation in Las Vegas?

If a probation violation is filed, you will be notified of the violation and ordered to appear in court for a hearing. A probation violation hearing is similar to a criminal trial; however, the procedural and evidentiary rules are less formal. One important rule that is the same is your right to be represented by an attorney. If the court is convinced that you violated your probation, the judge may issue a warning, extend your probation or implement additional conditions you must fulfill (such as complete rehabilitation), or could revoke your probation and order you to spend your “suspended” sentence in jail or prison. Given the potential consequences, having an attorney on your side at the hearing only makes sense.

What Should I Do If I Am Facing a Nevada Probation Violation?

If you are facing a Nevada probation violation, consult with an experienced Nevada probation violation lawyer at The Vegas Lawyers as soon as possible to discuss your legal rights and options. Call us at 702-707-7000 or contact us online.

Although domestic violence is no longer something that is swept under the rug, viewed as a private “family affair,” victims of domestic violence may still feel trapped, scared, and confused about their legal rights. If you are the victim of abuse, a domestic violence lawyer in Las Vegas can help you navigate the legal system as well as provide you with guidance and legal representation, allowing you to pursue justice and rebuild your life.

Understanding Domestic Violence Laws in Nevada

The term “domestic violence” is a catch-all term used to refer to a variety of criminal offenses in which the victim is 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.

Although assault and battery are what most people associate with “domestic violence,” NRS 33.018 provides a lengthy list of crimes that fall under that broad category, including (but not limited to) arson, burglary, sexual battery, and stalking. Under Nevada law, battery is defined as “any willful and unlawful use of force or violence upon the person of another” while assault is defined as “unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.” In Nevada, the term “battery domestic violence, or BVD, is used to refer to a battery in which the victim has a special relationship, as referenced above, with the accused.

How Can a Domestic Violence Lawyer in Las Vegas Help Me?

The prospect of navigating an unfamiliar legal system can be overwhelming to a domestic violence victim who is already experiencing extreme stress and anxiety. If you find yourself in just such a situation, having an experienced attorney on your side may be the key to successfully extricating yourself (and your children, if applicable) from a dangerous and traumatic situation. There are several ways in which a domestic lawyer in Las Vegas may be able to help you, including:

• Obtaining a Protective Order: Under the American judicial system, an accused is considered innocent until proven guilty beyond a reasonable doubt. Because it can take months, even years, for a criminal prosecution to work its way through the judicial system, the law allows you to request a protective order if you are the victim of domestic violence. A protective order can be issued immediately, without providing the accused with an opportunity to rebut the accusations. A domestic violence lawyer can help you obtain a protective order, explain the legal authority and ramifications of the order, and advise you on how to proceed if the accused violates the order. 
• Acting as Liaison with the Prosecutor’s Office: For both the victim and the accused, a domestic violence case can be highly charged emotionally. By their very nature, domestic violence prosecutions often involve children or other family members. The outcome may impact the entire family for many years to come. Whether your goal is to see the defendant convicted and jailed or you plan to recant your original statement to the police, you will need to communicate with the prosecutor’s office. Having a lawyer who can act as your liaison can be invaluable during a stressful time.
• Representing You in Court: The prosecutor represents the State of Nevada, not the victim, in a domestic violence prosecution; however, the prosecution may rely heavily on the victim’s testimony if the case goes to trial. As a victim, it is crucial to have an attorney who represents your best interests throughout the prosecution of a domestic violence case and particularly in court if you are required to testify.

What Should I Do If I Am the Victim of Domestic Abuse in Las Vegas?

If you are the victim of domestic abuse in Las Vegas, consult with a domestic violence lawyer at The Vegas Lawyers as soon as possible to discuss your legal rights. Call us at 702-707-7000 or contact us online.

Domestic violence lawyer Las Vegas

If you have a criminal record, that record could have a significant negative impact on your future career goals. In the 21st century, a criminal record can disqualify you from a variety of jobs, prevent you from securing a promotion at your current job, or cause you to be unable to obtain or retain certain professional licenses. The good news is that you may be eligible to seal your criminal record in Nevada. Understanding the benefits of sealing a criminal record may be the key to ensuring advancement in your chosen career.

How Might a Criminal Record Impact Career Advancement?

In today’s electronic age, employers routinely run background checks on prospective employees prior to offering them a position. Despite appearing to be highly qualified for a position, you might find that a conviction or arrest on your record disqualifies you from consideration for many jobs. 

Moreover, your criminal record may prevent career growth if you are already employed because employers frequently conduct periodic background checks on existing employees. While a less than stellar criminal background can be problematic for any job, those involving financial transactions, requiring you to hold a security clearance, or that work with vulnerable people are particularly likely to require a clean background check.  

Ultimately, a criminal record could cause you to be looked over for a job, terminated from a current job, or passed over for a promotion, highlighting the benefits of sealing a criminal record.

What Does Sealing a Criminal Record Mean in Nevada?

In Nevada, certain records relating to an arrest or conviction can be “sealed,” meaning the record is physically removed from the record system. The result is that the record is unavailable to the general public. While sealed records do remain accessible to some law enforcement and government agencies as well as the courts, prospective or current employers will not see the record if they conduct a criminal background check on you. 

Can I Answer “No” to Questions about Criminal Convictions If My Record Is Sealed?

If you have been convicted of a crime, you undoubtedly dread those questions on employment applications that require you to answer “yes” or “no” whether you have any criminal convictions. One of the most important benefits of sealing a criminal record in Nevada is that the applicable statute specifically allows you to answer those questions in the negative, stating as follows:

“All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.”

In short, once your record has been sealed, you can legally proceed as though the conviction never happened.

Can All Criminal Records Be Sealed in Nevada?

Certain convictions, including those for sex crimes, crimes against children, invasion of the home with a deadly weapon pursuant to NRS 205.067 (home invasion), and felony DUI cannot be sealed in Nevada. For other convictions, the benefits of sealing a criminal record are available; however, you cannot apply to seal your record until the applicable waiting period has expired which begins on the date of release from custody, date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later.  How long you must wait before applying depends on the severity of the offense, as follows:

• 10 Years: Category A felonies, felony crimes of violence, and residential burglary.
• 7 Years: Battery domestic violence and misdemeanor DUI.
• 5 Years: All other Category B, C, or D felonies.
• 2 Years: Category E felonies, gross misdemeanors, misdemeanor battery, harassment, stalking, or violation of a protection order. 

What Should I Do If I Have Questions about Sealing My Criminal Record in Las Vegas?

If you have additional questions about the benefits of sealing a criminal record 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.

Despite a concerted effort by governmental agencies as well as numerous advocacy groups to warn people about the dangers of drinking and driving, arrests for driving under the influence (DUI) continue to occur at an alarming rate throughout the United States. If you have a previous conviction for DUI in Las Vegas, and are now facing a second DUI prosecution, it is crucial to understand that a conviction for a second DUI exposes you to significantly harsher penalties. As a repeat offender, you may face mandatory jail time, increased fines, a longer license suspension, and other negative consequences. Without a strong legal defense, you could find yourself dealing with life-altering consequences, which is why you need an experienced second offense DUI lawyer on your side. 

First Offense DUI Laws in Nevada

Driving under the influence (DUI) is governed by Nevada Revised Statute §484C.110 which makes it illegal to operate a motor vehicle:

• 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.

In the absence of aggravating circumstances, a first-time DUI is charged as a misdemeanor in Las Vegas. A conviction for a first-time DUI is punishable by up to six months in jail, a fine of $400 to $1,000, and the loss of your driving privileges for up to six months. You may also be required to attend a Victim Impact Panel, pay for drug and alcohol evaluations and rehabilitation, and perform community service as conditions of probation for a first-time DUI conviction.

How Do the Penalties Increase for a 2nd DUI Conviction in Nevada?

If you are arrested and charged with DUI for a second time within a seven-year period in Nevada, you will still be charged with a misdemeanor offense; however, the potential penalties will increase. If convicted of a second DUI within a seven-year period, you must serve a mandatory 10 days in jail but can be sentenced to up to six months in jail. In addition, the minimum fine increases to $750, the license suspension period increases to one year, and you may be required pay for the installation and monitoring of an ignition interlock device (IID) on your vehicle.

Can a 2nd DUI Be Charged as a Felony in Las Vegas?

In Nevada, you will usually be charged with a misdemeanor for a 2nd DUI within a seven-year period; however, if any of the following circumstances apply, you could be charged with a felony for driving under the influence in Las Vegas:

• You have a previous felony DUI conviction which will elevate the offense to a Class B felony.
• You caused substantial bodily harm or death to another person while driving under the influence, which also results in being charged with a Class B felony.
• If you have at least three prior DUI convictions, and you caused a death, you can be charged with DUI as a Class A felony.

How Can a Second Offense DUI Lawyer Help Me?

If you are facing a second DUI charge in Las Vegas, it is in your best interest to have an experienced DUI defense lawyer on your side throughout the prosecution of your case. A second offense DUI lawyer can help you in several important ways, including:

• Protecting Your Rights: As the defendant in a criminal prosecution, you have numerous constitutional rights that can help protect you. Your lawyer will make sure these rights are not violated and, if a violation has already occurred, will address it with the court.
• Challenging the Evidence: Your attorney will review the facts and circumstances related to your arrest to determine if there are any issues with the traffic stop, breathalyzer test, or any other evidence in your case. If there was a violation of procedure or your rights, your attorney may be able to get evidence excluded, meaning it cannot be used against you at trial. 
• Negotiating with Prosecutors: If a conviction appears inevitable, your lawyer will negotiate on your behalf to try and get a favorable plea agreement that could include reduced charges, alternative sentencing options, and reduced costs.
• Minimizing Penalties: If you are convicted at trial, an experienced attorney will advocate on your behalf at your sentencing to try and secure a minimum term of imprisonment followed by alternative sentencing such as house arrest or a rehabilitation program. 

What Should I Do If I Am Charged with a Second Offense DUI in Las Vegas?

If you have been charged with a second offense DUI in Las Vegas, consult with the experienced Las Vegas DUI 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.

A criminal record can follow you for years, negatively impacting your current and future employment opportunities, your ability to secure housing, and even your rights to spend time with your children. In Nevada, however, you may have the option to seal your criminal record, making it inaccessible to the public and providing you with a fresh start.

What Does Sealing a Criminal Record in Nevada Mean?

Understanding what it means to “seal” a record starts with understanding what it does not mean. Sealing your criminal record in Nevada does not mean that the record is completely destroyed. Instead, it means that the record becomes unavailable to the general public. Once sealed, your criminal record will not show when a criminal background check is obtained by most employers, prospective landlords, or other members of the public.

What Is the Difference Between Sealing, Expunging, and Pardoning?

State law dictates what criminal records can be removed and to what extent they can be removed. Typically, an “expunged” record refers to a record that has physically been destroyed, whereas a “sealed” record refers to one that has simply been removed from the public record. In Nevada, expungement is not available; however, sealing of your criminal record is possible.

A pardon is very different from both expungement and sealing of your record. A pardon is granted by a government official, usually the Governor of a state or the President of the country. A pardon is effectively an official declaration that a person has been forgiven for committing a criminal offense. It has the effect of restoring your civil rights to you if you lost them because of a conviction.

What Criminal Records Can Be Sealed in Nevada?

Fortunately for anyone hoping to get a fresh start in Nevada, most criminal records are eligible to be sealed, including misdemeanors and many felony convictions. Exceptions to the general rule in sex crimes, crimes against children, invasion of the home with a deadly weapon pursuant to NRS 205.067 (home invasion), and felony DUI.

How Long Do I Have to Wait to Seal My Criminal Record in Nevada?

If you wish to seal a record of an arrest that did not result in a conviction, you can pursue sealing the record at any time. For a criminal conviction, however, you must wait for a specified period of time after the date of release from custody, the date of discharge from parole or probation, or the date when you are no longer under a suspended sentence, whichever occurs later.  The applicable waiting periods for various criminal convictions include:

·  Category A felony, felony crimes of violence, and residential burglary: 10 years

·  Battery domestic violence and misdemeanor DUI: 7 years

·  Category B, C, or D felony: 5 years

·  Category E felonies, gross misdemeanors, misdemeanor battery, harassment, stalking, or violation of a protection order: 2 years

How Can I Get My Record Sealed in Nevada?

Because each county within the State of Nevada imposes its own set of procedures for petitioning to seal your criminal record, it is in your best interest to work closely with an experienced criminal defense attorney if you hope to get your record sealed. The general steps involved in sealing a criminal record in Las Vegas (Clark County) include:

·  Step 1-Get Your SCOPE Report: You need to obtain a verified copy of your criminal record, referred to as a “Shared Computer Operations for Protection and Enforcement Report (SCOPE),” from the law enforcement agency that arrested you. If you were arrested by the Las Vegas Metropolitan Police Department (LVMPD), contact them at (702) 828-3475 to obtain a report. If your record is from another jurisdiction, you must contact that law enforcement agency directly to obtain a SCOPE report.

·  Step 2-Get A Copy of Judgment of Conviction and Discharge: If you hope to seal a criminal conviction, you must obtain a copy of the “Judgment of Conviction and Discharge” which shows the date the case was “closed.” This is used to calculate the waiting period. In Las Vegas, this can be secured from the District Court Clerk at 200 Lewis Avenue, Las Vegas, Nevada 89155.

·  Step 3-Decide Where to File: You must petition to seal your records in the court having jurisdiction over where the arrest or conviction occurred. If all records are from a single Justice Court (such as Henderson Justice Court), you can file your petition directly with that court. If you have records in multiple jurisdictions, you will need to file with the District Court.

·  Step 4-Prepare Your Petition: A Petition, Affidavit, and proposed needs to be filed with the appropriate court. The Petition must include all your arrests, the names of the law enforcement agencies involved, the dates of arrest, criminal charges, and the final disposition of each arrest. You also need to note all the law enforcement agencies that have copies of your criminal record.

·  Step 5-Get the DA’s Approval: Ideally, you need the appropriate District Attorney’s office to agree to the sealing of your record. In Las Vegas, you need to get the Clark County District Attorney’s Office to approve your request.

·  Step 6-Get Court Approval: The Petition and supporting documents need to be delivered to the appropriate court. The judge will review them and (hopefully) approve the sealing. If the judge does approve the sealing of your record(s), it is your responsibility to distribute signed copies of the Order to all law enforcement agencies where your record is found to have the record removed.

How Can I Get Help to Get a Criminal Record Sealed in Las Vegas?

If you would like assistance getting a record sealed 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.

If you have been accused of domestic battery in Nevada, you may be wondering “can domestic violence charges be dropped” in Nevada. While it is possible to have domestic violence charges dropped, you should not count on that happening. Instead, you should take the accusations made against you seriously and prepare a strong legal defense because you may face significant negative consequences if convicted of domestic battery.

What Qualifies as Domestic Battery in Nevada?

Domestic violence, officially referred to as “battery domestic violence (BDV)” in the State of Nevada, is governed by NRS 33.018 which defines domestic violence as any of several crimes, including battery, assault, sexual battery, and stalking committed against someone who has a special relationship with the alleged perpetrator, meaning that the alleged victim is 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.

Battery, under Nevada law, is defined as “any willful and unlawful use of force or violence upon the person of another.” Assault is defined as “unlawfully attempting to use physical force against another person or intentionally placing another person in reasonable apprehension of immediate bodily harm.”

Can Domestic Violence Charges Be Dropped in Nevada?

A common misconception is that the alleged victim in a domestic violence case can simply “drop the charges.” In reality, only the State of Nevada, through the prosecuting attorney’s office, can dismiss criminal charges once they have been filed.

Although the alleged victim may have called the police or made a complaint that resulted in charges being filed, it is the State of Nevada that prosecutes all criminal cases, not the alleged victim. As such, unless the prosecutor believes that there is insufficient evidence to get a conviction, the case will proceed.

Knowing that victims of domestic violence may recant their stories for various reasons, including financial dependence on the abuser and fear of retaliation by the abuser, the law makes it very clear that a domestic violence prosecution can move forward with or without the cooperation of the alleged victim.  

Can Domestic violence Charged Be Reduced in Nevada?

Along with the possibility of a jail sentence and hefty fines, a conviction for battery domestic violence (BDV) can disqualify you for certain employment opportunities, prevent you from purchasing or carrying a firearm, and negatively impact your parental rights. If it is apparent that the prosecution is not going to dismiss the charges against you, your attorney may be able to work out a guilty plea agreement that reduces the charges to simple battery or disorderly conduct. While the goal is to prevent a conviction, there is less stigma attached to a conviction for simple battery or disorderly conduct and such a conviction cannot be used as the basis to file aggravated charges against you in the future, as is the base with a BDV conviction.

Are There Defenses to a Battery Domestic Violence Charge in Nevada?

If you have been accused of domestic violence in Las Vegas, it is crucial to remember that an allegation does not equal a conviction. An experienced domestic violence defense attorney at The Vegas Lawyers can discuss the State’s case and work with you to develop a successful defense strategy which may include:

•            False allegations: This typically involves evidence suggesting that the alleged victim had ulterior motives when he/she made the accusations and/or that he/she is unreliable.

•            Self-defense: This involves showing that the alleged victim initiated the altercation, and you were only defending yourself.

•            Police misconduct: If the police acted illegally or in violation of your rights, evidence obtained against you may be inadmissible.

•            Insufficient evidence: Because the prosecution is required to prove your guilt beyond a reasonable doubt, your best defense may be to simply highlight that the State has failed to meet its burden.

•            Lack of intent: If you accidentally injured the alleged victim, you lacked the intent necessary to be convicted of a crime.

What Should I Do If I Need Help with Domestic Violence Charges in Las Vegas?

If you have been charged with domestic violence 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 702-707-7000 or contact us online.

Restraining orders, formally referred to as “protective orders,” are intended to serve as a legal tool that protects individuals who have been threatened, harassed, or abused by an intimate partner or family member. A Nevada restraining order can be easily obtained, however, and may be based on false or misleading allegations. If you have been served with a restraining order or accused of violating one in Nevada, it is crucial to understand your legal options.

What Types of Restraining Orders Are Available in Nevada?

In Nevada, there are two broad types of restraining orders. A Temporary Protective Order (TPO) can only remain in effect for up to 45 days while an Extended Protective Order (EPO) remains in effect for up to two years. A TPO may be requested based on any of the following:

·  Stalking and Harassment (NRS 200.571)

·  Harm to Minors (NRS 33.400)

·  Sexual Assault (NRS 200.378)

·  Harassment in the Workplace (NRS 33.200)

The most common type of restraining order sought by an alleged victim is based on stalking or harassment. In Nevada, harassment is defined as a threat to cause bodily injury, property damage, restrain someone, or substantially harm the mental or physical health of another, along with the reasonable fear that the person will carry out their threat. Stalking is defined as “willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member.”

What Is a Temporary Protective Order?

A Temporary Protective Order (TPO) is relatively easy to obtain in Las Vegas. An alleged victim can petition the court, and the judge can grant a TPO, without the accused being present or even having knowledge of the petition. This is referred to as an ex parte Order, meaning it is granted without the knowledge or input of one of the parties. If the judge does grant a TPO, the Order may remain in effect for up to 45 days, during which time an attempt will be made to locate and serve the Respondent (accused) with a copy of the Petition.

What Is an Extended Protective Order?

An Extended Protective Order (EPO) may be obtained by requesting a hearing aimed at extending a TPO. The Respondent must be served with a copy of the Petition and a Summons letting them know about the scheduled hearing. At the hearing, both the Petitioner and the Respondent will have the opportunity to present evidence and testimony. If the judge is convinced that the Petitioner needs protection, an EPO will be granted lasting up to two years.

What Happens If a Nevada Restraining Order Is Granted?

If you are the Respondent in a Nevada restraining order, the Order may prevent you from doing a variety of things, including:

·  Entering your home (regardless of who owns or rents the property)

·  Contacting the Petitioner

·  Entering the Petitioner’s workplace or school

·  Purchasing a firearm

·  Taking your children outside the jurisdiction

If the court issues an Extended Protective Order, issues regarding your children, including custody and child support, may be covered as well.

What Are the Penalties for Violating a Nevada Protective Order?

If you are the Respondent in a Nevada Temporary Protective Order (TPO) it is essential to understand the conditions and prohibitions in the Order are just that – court orders. A violation of a TPO or EPO is a criminal offense, punishable by up to six months in jail and/or a fine of up to $1,000 for a first offense. A second conviction for violation of a restraining order is punishable by up to 364 days in jail and/or a fine of up to $2,000 with subsequent violations potentially resulting in a term of imprisonment of up to five years and/or a $5,000 fine.

If you violate an Extended Protective Order (EPO) you face even harsher potential penalties. Violation of an EPO may be charged as a Class C Felony, punishable by up to five years in prison and/or up to a $10,000 fine.

How Can an Attorney Help Me with a Restraining Order in Nevada?

If you are served with a Petition for a Protective Order, you have a right to defend yourself against the allegations made in the Petition. An experienced Las Vegas criminal defense attorney can discuss the allegations made in the Petition and explain your legal options.

If you have been charged with violating a TPO or EPO, it is in your best interest to consult with an experienced criminal defense attorney right away because you are facing the possibility of a criminal conviction that could result in a jail or prison sentence.

What Should I Do If I Need Help with a Restraining Order in Nevada?

If you have been served with a Petition for a restraining order or you have been charged with violating a TPO or EPO, consult with a Law Vegas criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.

Despite concerted efforts by government agencies and private advocacy groups to warn about the dangers of drinking and driving, drunk driving crashes kill an average of 37 people each day throughout the U.S.  Like other states, Nevada has enacted laws aimed at preventing motorists from driving while under the influence and punishing those who do drive while under the influence. If you are arrested for driving under the influence (DUI) in Las Vegas, you should understand the importance of your blood alcohol level for DUI.

What Does Your Blood Alcohol Content Level Mean?

During a traffic stop, a law enforcement officer may find that there is probable cause to arrest the motorist on suspicion of driving under the influence (DUI). Once the individual arrives at the jail or station, they may be asked to perform a chemical breath test to check for the presence of alcohol in their system. If the test is positive, the results will provide a Blood Alcohol Concentration (BAC) number which refers to the percentage of alcohol in the individual’s blood. For example, a BAC of 0.10 percent means that an individual’s blood supply contains one part alcohol for every 1000 parts blood. A BAC level can also be ascertained through a blood draw; however, because that is a more invasive method of testing for BAC, a breath test is typically used.

BAC level is used as one way to determine if a motorist is operating a motor vehicle while under the influence of alcohol in violation of the law. On a more practical level, it is important to understand how and when you are likely to exceed the relevant BAC level. If you consume more alcohol than your body can process, the alcohol will be stored in your blood and tissue and cause impairment. As a general rule, most people can consume one standard drink per hour; however, numerous factors can impact that, including your age, weight, sex, medical conditions, and the presence or absence of food in your system.

How Does BAC Affect Me?

Your BAC level will directly impact your physical and cognitive abilities. According to Healthline, symptoms of impairment at various BAC levels include:

·  0.02 — muscle relaxation, altered mood, decline in visual function, loss of judgment

·  0.05 — reduced coordination, lowered reaction time, impaired judgment

·  0.08 — motor function decline, impaired perception, reduced cognitive processing speed

·  0.10 — noticeable lack of reaction time, slowed thinking, poor coordination

·  0.15 — major loss of motor control, severe attention and reaction deficits

Although various factors will impact how you react at any given BAC level, it helps to remember that the higher your BAC level, the more likely it is that you will exhibit behaviors likely to provide the probable cause needed to arrest your for DUI.

Nevada DUI Law: What Is the Legal BAC Level?

In Nevada, NRS § 484C.110 governs driving under the influence (DUI), making it illegal to operate a motor vehicle:

•            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.

For the average driver, this means that the “legal limit” is 0.08, but the limit can be lower for some drivers. Commercial drivers and drivers under the age of 21, for example, are held to higher standards when it comes to drinking and driving. Nevada law sets the blood alcohol level for DUI at 0.04 percent while Nevada’s “zero tolerance” law allows a driver under the legal drinking age (21) to be arrested for DUI with a BAC level of just 0.20 percent.

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

If you have been charged with DUI in Las Vegas, consult with the experienced Las Vegas DUI 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.