If you were arrested and charged with assault or battery (or both) in Nevada, it is important to understand what the prosecution must prove to convict you. We often hear “assault and battery” used together, leaving one to wonder what the difference is between the two crimes. Are assault and battery the same under Nevada law?

What Constitutes an Assault Under Nevada Law?

Governed by NRS 200.471, 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.”

You are not required to touch the alleged victim for an assault to have occurred. For example, if you attempted to hit someone, but missed, that could be an assault. Likewise, threatening to hit someone or harm someone without actually doing so could qualify as an “assault” under Nevada law. Although words alone are not usually enough for an assault conviction, an outright verbal threat to harm someone could be construed as an assault if the target believed they were in “reasonable apprehension of immediate bodily harm.”

How Is Battery Defined Under Nevada Law?

The criminal offense of battery, governed by NRS 200.481, is defined as “any willful and unlawful use of force or violence upon the person of another.” Common examples of a battery include hitting, biting, pushing, or stabbing someone.

Note that if the alleged victim was someone with whom you have or had a domestic relationship, you could be charged with battery domestic violence under NRS 33.018.

Are Assault and Battery the Same Under Nevada Law?

No. Assault and battery are not the same crime under Nevada law. It is, however, common to be charged with both assault and battery if the conduct meets the requirements of battery under NRS 200.481 because an assault typically turns into a battery the moment you make physical contact with the alleged victim.

What Are the Potential Penalties for Assault in Nevada?

“Simple” assault, meaning there are no aggravating circumstances, is charged as a misdemeanor in Nevada. If convicted, you face up to six months in jail and/or a fine of up to $1,000.

Assault can also be charged as a gross misdemeanor if the alleged victim falls into a protected category, such as a police officer, school employee, healthcare worker, or sports official. If convicted of a gross misdemeanor, you can be sentenced to up to 364 days in jail and fined up to $2,000.

If the assault was made with the use of a deadly weapon or the present ability to use a deadly weapon, assault becomes a category B felony, punishable by a minimum of one year and a maximum of six years in prison and/or a fine of up to $5,000.

What Are the Potential Penalties for Battery in Nevada?

Like assault, “simple” battery is charged as a misdemeanor, punishable by up to six months in jail and/or a fine of up to $1,000.

Battery also becomes a gross misdemeanor when the alleged victim is a protected class member, subjecting you to a sentence of up to 364 days in jail and a fine of up to $2,000 if convicted.

Battery without a deadly weapon but that causes substantial bodily harm to the victim or that is committed by strangulation is a category C felony, punishable by a minimum of one year and a maximum of five years in prison and/or a fine of up to $10,000.

If the battery was committed with the use of a deadly weapon, battery can be charged as a category B felony. If no substantial bodily harm occurs, you can be sentenced to a minimum of two years and a maximum of 10 years for battery with a deadly weapon. If substantial bodily harm occurs or the battery was committed by strangulation, battery with a deadly weapon carries a minimum of two years and a maximum of 15 years in prison. You can also be fined up to $10,000 for battery with a deadly weapon.

What Should I Do If I Am Facing Assault or Battery Charges in Las Vegas?

If you have been charged with assault or battery in Las Vegas, consult with an experienced Las Vegas criminal defense lawyer 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 are part of a criminal investigation or you have formally been charged with committing a crime, the most important step you can take to protect yourself and your future is to retain the services of an experienced criminal defense lawyer. If you have never before needed a criminal attorney, it helps to gain a better understanding of the role of a criminal defense lawyer.

What Makes an Attorney a “Criminal Defense” Attorney?

If this is the first time you have been accused of committing a criminal offense, you may be tempted to call a family law or contract law attorney that you have used in the past. Do not make that mistake. Just as you would not rely on a dermatologist to treat a brain tumor, you should not rely on anyone but a criminal defense attorney to represent you in a criminal matter. While a properly licensed attorney can practice both civil and criminal law, most focus on one or the other because there are different practices and procedures within both systems of law in the United States.

An experienced criminal defense attorney is someone who has chosen to focus their practice of law on the representation of people who have been accused of committing a crime. Because that is the focus of their legal practice, a criminal defense attorney has an intimate knowledge of the people, practices, and procedures involved in the criminal justice system – precisely what you need if you find yourself the target of a criminal investigation or prosecution.

How Do I Know When I Need a Criminal Defense Attorney?

If you have been arrested and charged with a criminal offense, you will be advised of your constitutional right to be represented by an attorney. Some people, however, make the mistake of thinking they do not need an attorney right away when, in fact, you should contact an attorney as soon as possible following an arrest. Often, it is in the hours and days immediately following an arrest that a criminal defense attorney can be the most helpful.

Although you undoubtedly need a criminal defense attorney once you have been formally charged with a crime, you may also need one before that point in time. If you have reason to believe that you are the target of a criminal investigation or you have been contacted by the police about an ongoing investigation, it is in your best interest to contact an experienced criminal defense attorney to ensure that your rights are protected throughout the ensuing investigation.

How Can a Criminal Defense Attorney Help Me?

The role of a criminal defense attorney encompasses many duties and responsibilities. First and foremost, a criminal defense attorney’s job is to protect and defend his or her client. As the target of an investigation or defendant in a criminal prosecution, you have several important constitutional rights, including the right against self-incrimination, the right to be free from unreasonable searches and seizures, and the right to confront and cross-examine witnesses at a jury trial. At each stage of a criminal prosecution, your rights could be violated. Your criminal defense attorney’s job is to prevent that from happening going forward and to address any violations that have already occurred.

As the accused, you are not required to present a defense at all because, in the United States, the prosecution bears the burden of proving a defendant guilty beyond a reasonable doubt. Another important role your criminal defense attorney plays is ensuring that the prosecution is held to that standard. If you do decide to present a defense, your defense attorney will develop that defense strategy with you and aggressively litigate on your behalf at trial.

What Should I Do If I Was Charged with a Crime in Las Vegas?

If you have been charged with a criminal offense or are the target of a criminal investigation 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 702-707-3000 or contact us online.

If you are facing assault charges in Las Vegas, it is in your best interest to have an experienced attorney on your side as soon as possible. The criminal justice system can be intimidating and confusing, which makes it easier for the prosecution to secure a conviction. When you have a Vegas Lawyer for assault charges on your team, however, you have someone protecting you and fighting for you, making the entire process less overwhelming.

What Constitutes the Crime of “Assault” in Las Vegas?

The criminal offense of assault is governed by in the State of Nevada, which defines assault as either of the following:

• Unlawfully attempting to use physical force against another person.
• Intentionally placing another person in reasonable apprehension of immediate bodily harm.

The terms “assault” and “battery” are frequently used together. Under Nevada law, battery requires a deliberate “use of force or violence.” In other words, assault is a threat or an attempt that becomes battery when the threat or attempt is carried out.

What Is the Potential Sentence If I Am Convicted of Assault in Nevada?

Simple assault is charged as a misdemeanor and carries a maximum term of imprisonment of six months in jail and/or a fine of up to $1,000. There are, however, several aggravating circumstances that can dramatically increase the severity of the charges against you and the corresponding penalties if convicted, such as:

• The use of a deadly weapon or the present ability to use a deadly weapon during an assault increases the offense to a Class B Felony, punishable by one to six years in prison.
• The alleged victim falls into a special category, including officers, school employees, health care workers, and sports officials, in which case assault becomes a gross misdemeanor, punishable by up to one year in jail.

Along with a potential term of imprisonment and fines, an assault conviction will be a permanent mark on your criminal history and may be viewed by prospective employers and landlords.

Why Do I Need a Vegas Lawyer If I Am Facing Assault Charges?

If you have been charged with assault, it is important to understand the charges against you, the potential consequences of a conviction, and your rights as a defendant in a criminal prosecution. Retaining the services of an experienced criminal defense attorney at The Vegas Lawyers is the best way to ensure that you are fully informed and protected throughout the prosecution of your case. Some of the invaluable benefits of having a Vegas lawyer for assault charges on your side include:

• Protecting your rights and addressing any violations of those rights by law enforcement officers.
• Explaining the State’s case against you and discussing your legal options with you.
• Conducting an independent investigation to uncover exculpatory evidence.
• Reviewing and analyzing the State’s evidence against you.
• Negotiating a favorable plea agreement if you decide to plead guilty.
• Developing a successful defense strategy if you decide to proceed to trial.
• Getting evidence excluded from trial if the evidence was illegally obtained or improperly handled.
• Defending you at a trial by jury or judge.

The prosecuting attorney has the weight and power of the government on their side in a criminal prosecution. The only way to ensure that your rights are secured and that the playing field is leveled is to have an experienced criminal defense attorney on your side.

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

If you are facing assault charges 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 702-707-3000 or contact us online.

Getting pulled over by the police for a traffic stop is never fun because it usually results in the issuance of a traffic citation. In Las Vegas, a traffic citation may be a civil infraction or a criminal misdemeanor. If you were recently issued a citation, you must understand which type of citation you received to fully appreciate the potential consequences should you decide not to fight the ticket. Consulting with experienced traffic lawyers near you is the best way to protect yourself and your rights.

Traffic Violations: Civil Infractions

In the State of Nevada, a traffic violation can be a civil infraction or a criminal misdemeanor. Understanding the distinction between the two types of citations is crucial to deciding how to proceed with your ticket. A civil infraction is not a criminal offense; therefore, you cannot face jail time if convicted. Instead, you will typically be required to pay a fine (usually no more than $500) and demerit points will be assigned against your license. Common examples of civil infractions in Nevada include:

• Speeding (up to 30 m.p.h. over the posted speed limit)
• Driving without a seatbelt
• Unsafe lane change
• Failing to stop at a red light
• Failing to signal a turn

Traffic Violations: Criminal Misdemeanors

Although most traffic violations are civil infractions in Nevada, some are criminal misdemeanors, most of which are punishable by up to six months in jail and/or a fine of up to $1,000. Most importantly, pleading guilty to a criminal misdemeanor – even one that is for a traffic violation – results in a conviction that can remain part of your criminal history forever. Common examples of traffic violations that are criminal misdemeanors in Nevada include:

• Reckless driving
• Speeding 30 m.p.h. or more over the posted speed limit
• Hit and run
• Driving under the influence (this is charged as a higher misdemeanor or felony)

What Are My Legal Options If I Was Issued a Traffic Citation in Las Vegas?

If your ticket is a civil infraction, you have two options. The first option is to admit that you committed the infraction and pay the fine and the second option is to contest the ticket. If you do not want to contest the ticket, you may be eligible to have a moving violation reduced to a non-moving violation (meaning fewer points against your license) by completing a Nevada DMV-approved 5-hour traffic safety course or paying a Demerit Point Reduction Fee in addition to the civil penalty. If you contest the ticket, a court date will be scheduled. If you were charged with a criminal misdemeanor you must appear in court on the date indicated on the citation or a warrant could be issued for failure to appear.

Do I Need a Lawyer If I Am Issued a Traffic Citation?

If you are charged with a criminal offense, consulting with traffic lawyers near you is in your best interest to ensure that your rights are protected throughout the prosecution of your case. Even if you were issued a civil infraction, admitting guilt could have significant financial consequences, including a hefty fine, points against your license (that could eventually lead to the suspension of your driving privileges), and increased insurance premiums. To ensure that you fully understand the ramifications of admitting guilt, talk to a traffic lawyer near you before deciding to pay a traffic ticket.

Consulting with Traffic Lawyers Near You

If you were issued a speeding ticket or another type of traffic citation in Las Vegas, consult with the traffic lawyers 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 been charged with a criminal offense in Nevada, the prosecutor will attempt to gather inculpatory evidence that can be used against you at trial. Your criminal defense attorney will try to get that evidence excluded and/or attempt to mitigate the impact of that evidence as part of your overall defense strategy. To help you understand and participate in your criminal case, attorneys at The Vegas Lawyers explain the relevance of inculpatory evidence and the importance of a strong defense.

Inculpatory vs. Exculpatory Evidence

The judicial system in the United States requires the prosecution in a criminal case to prove a defendant guilty beyond a reasonable doubt to secure a conviction. To accomplish that, the prosecution must present compelling evidence of guilt sufficient to convince the judge or jury to find the defendant guilty. Such evidence is referred to as “inculpatory” evidence. Inculpatory evidence, therefore, is any evidence that helps establish the defendant’s culpability. By contrast, evidence that indicates the defendant is innocent or that casts doubt on evidence presented by the prosecution is referred to as “exculpatory” evidence.

What Are Some Common Examples of Inculpatory Evidence?

Although almost anything could be used as inculpatory evidence, most inculpatory evidence falls into one of the following categories:

• Eyewitness Testimony: Anyone who witnessed the crime occurring, or who has first-hand knowledge of the crime may be asked to testify at trial. Prior to trial, the prosecution may question an eyewitness in a deposition to find out exactly what the witness knows and will testify to at trial.
• Physical Evidence: Physical evidence can take many forms in a criminal case, including DNA results, fingerprints, drugs and weapons, articles of clothing, and documents.
• Expert Testimony: Expert testimony is often needed to explain or substantiate other types of evidence. For example, the prosecution might need a blood splatter expert to testify to explain why the victim could not have committed suicide.
• Confessions (Statements Made by the Defendant): Statements made by the defendant, either in writing or during a conversation with law enforcement officers, may be introduced as evidence of the defendant’s guilt.

What Does Nevada Law Say About Inculpatory Evidence?

To build a strong defense, your criminal defense attorney needs to know what inculpatory evidence the prosecution intends to use against you. Fortunately, Nevada law requires the prosecution to disclose that evidence to the defense prior to trial. Specifically, NRS 174.235 allows the defense to inspect and copy or photograph the following types of inculpatory evidence:

• Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness the prosecuting attorney intends to call during the case in chief of the State.
• Results or reports of physical or mental examinations, scientific tests, or scientific experiments made in connection with the particular case.
• Books, papers, documents, and tangible objects.

How Does Understanding Inculpatory Evidence Help Build a Strong Defense?

Nevada law requires the prosecution to disclose to the defendant the evidence it intends to introduce at trial, which allows the defendant to develop a defense strategy that may include:

• Excluding Inculpatory Evidence: Your defense attorney may attempt to have the evidence excluded from trial. If the evidence was obtained illegally, during an illegal search and seizure, for example, the judge may prevent the prosecution from using the evidence at trial.
• Mitigating the Impact of Inculpatory Evidence: Your defense attorney may try to mitigate the impact of inculpatory evidence. For instance, your attorney may call into question the character and reliability of a witness who testifies against you.
• Introducing Exculpatory Evidence: A strong defense strategy might include exculpatory evidence, such as alibi evidence that indicates you were somewhere else when the crime occurred.

What Should I Do If I Have Been Charged with a Crime in Las Vegas?

If you have been accused of committing a crime 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 702-707-3000 or contact us online.

If you have been arrested and charged with domestic battery in Las Vegas, you are likely worried about the outcome of your case. In the meantime, however, you may be feeling overwhelmed and unsure what to expect from the legal system. To help ease some of your anxiety, the criminal defense attorneys at The Vegas Lawyers explain what domestic battery is in Las Vegas and what to expect.

What Is Domestic Battery in Las Vegas?

The criminal offense of battery is defined as “any willful and unlawful use of force or violence upon the person of another” in the State of Nevada and is governed1. Domestic battery, formally referred to as “battery domestic violence (BDV)” undo occurs when the alleged victim of a battery 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.

What Are the Potential Penalties for Domestic Battery in Las Vegas?

Domestic battery is a criminal offense in the State of Nevada; however, the charges you will face and the corresponding penalties if convicted will depend on your criminal history and the presence or absence of aggravating factors. If you have not been convicted of BDV within the preceding seven years, you will likely be charged with a misdemeanor and face a maximum of six months in jail and/or a fine of up to $1,000 as long as there are no aggravating circumstances. A second BVD conviction within seven years increases the potential penalties while a third will result in being charged with a Class B felony which carries up to six years in prison and a fine of up to $5,000 if convicted. Aggravating circumstances, such as a pregnant victim, the presence of a weapon, or causing substantial bodily harm to the victim can increase the severity of the charges against you and the possible punishment if you are convicted.

What Happens After I Am Arrested for Domestic Battery?

Whether you are arrested at the scene of an altercation or pursuant to an arrest warrant, you will be taken to jail to be booked, which includes fingerprints, and a mug shot. If someone is able to post bail, you will be released and allowed to remain out of custody while your case is pending. If you were charged with domestic battery, your release will likely include a no-contact order prohibiting you from having any contact with the alleged victim. A violation of the no-contact order can result in your return to jail. As such, if the alleged victim wants to drop the no-contact order, discuss how to accomplish that with your attorney.

Your first court appearance will likely be for your arraignment in a Justice Court or a Municipal Court. The judge will ensure that you understand your rights and the charges against you, and you will enter a plea of guilty or not guilty. If you remain in custody, the issue of bail may be revisited. Between your initial appearance and your next court appearance, typically a pre-trial conference, the prosecutor will provide your attorney with “discovery” which essentially tells your attorney what evidence that the prosecution has against you. If you have any interest in a plea agreement, your attorney will attempt to negotiate one with the prosecution before your next court appearance. If you are not interested in pleading guilty, your attorney will develop your defense strategy for trial, which may be before a judge or a jury.

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

If you are facing domestic battery charges in Las Vegas, consult with the experienced domestic battery attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.

Although we all know about the danger of drinking and driving, it can be easy to get carried away in a city like Las Vegas where the casinos never close and the drinks never stop flowing. If you were recently arrested and charged with driving under the influence (DUI) in Las Vegas, you may not know what steps to take to protect yourself and your future. The most important step you should take is to consult with a Las Vegas DUI lawyer to avoid the severe penalties that can follow a DUI conviction.

What Is DUI in Nevada?

Driving under the influence is governed by 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.

If this is your first or second DUI offense, you will be charged with a misdemeanor unless there are aggravating circumstances to consider. DUI can be charged as a felony if:

• It is your third or subsequent DUI. (Class B Felony)
• You have a previous felony DUI conviction. (Class B Felony)
• You caused substantial bodily harm or death to another person while driving under the influence. (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 felony. (Class A Felony)

What Penalties Might I Face If Convicted of DUI in Las Vegas?

If you are convicted of a misdemeanor DUI in Las Vegas you face up to one year in jail, a license suspension of 180 days, mandatory attendance at a victim impact panel, and attendance at DUI school along with fines and costs. The potential term of imprisonment for a Class B Felony DUI conviction increases to 20 years, while conviction of a Class A Felony DUI subjects you to a possible prison term of 25 years to life along with a three-year license revocation and a mandatory ignition interlock device installed in your vehicle if/when you are allowed to operate a vehicle legally.

The non-judicial consequences of a DUI conviction can be equally severe, including the loss of current and future employment opportunities, increased insurance premiums, and costs associated with the loss of your driving privileges.

How Can a Las Vegas DUI Lawyer Help Me Avoid Severe Penalties?

Working with an experienced Las Vegas DUI lawyer is the best way to avoid the severe penalties you may face in your DUI case. Your lawyer will thoroughly analyze the facts of your case, including the evidence the State of Nevada plans to use against you, and develop the best possible defense strategy which may involve:

• Focusing on an illegal initial traffic stop.
• Lack of probable cause to arrest you for DUI.
• Problematic chemical breath test procedures.
• Challenging the breath test results.
• Asserting the “Rising Blood Alcohol” defense.
• Negotiating a favorable guilty plea agreement when a conviction cannot be avoided.
• Getting you accepted into the Felony Las Vegas Justice DUI Court (which will result in reducing your felony DUI to a misdemeanor if you successfully complete the program).

The key to protecting your rights, freedom, and future is to consult with an experienced Las Vegas DUI lawyer as soon as possible after your arrest to ensure that all successful defense strategies remain open to you.

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

If you are facing DUI charges in Las Vegas, consult with an experienced Las Vegas DUI lawyer 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 drive around Las Vegas on a regular basis, there is a good chance you will eventually be stopped and issued a speeding ticket. If that recently happened to you, you may be tempted to just pay for the ticket regardless of whether you were actually speeding or not. Before you do that, consider the cost of fighting a speeding ticket versus the total costs involved in admitting guilt. Then ask yourself “Is it worth hiring a speeding ticket lawyer near me?

Nevada Speeding Laws

Most citations issued for speeding in Nevada are civil infractions, meaning they are not charged as a criminal offense. There are, however, some speeding charges that are charged as a criminal misdemeanor. If you exceed the posted speed limit by 30 m.p.h. or more, for example, you can be charged with a criminal misdemeanor instead of a simple civil infraction. The distinction is important because you face a higher fine as well as a possible jail sentence if you are convicted of a criminal misdemeanor. Conversely, you cannot be sent to jail if you admit guilt for a civil infraction. Nevada speeding laws are governed by which prohibits:

• Driving faster than the posted speed limit
• Driving faster than 80 miles per hour
• Driving at a speed that is unreasonable for the conditions, such as traffic, weather, or highway surface
• Driving at a speed that could cause injury, death, or property damage

Understanding the Cost of a Nevada Speeding Ticket

Before deciding not to fight a speeding ticket, you should understand the costs involved. If you receive a civil infraction, you will pay a fine of $20 for each mile over the posted speed limit up to a maximum of $1,000. The fine doubles if you were speeding in a school, pedestrian safety, or work zone. If you are charged with a criminal misdemeanor, you face up to six months in jail and a fine of up to $1,000. In addition to any fines or imprisonment, points will be assessed against your license as follows:

• 1-10 m.p.h. over the posted speed limit 1 point
• 11-20 m.p.h. over the posted speed limit 2 points
• 21-30 m.p.h. over the posted speed limit 3 points
• 31-40 m.p.h. over the posted speed limit 4 points
• 41 m.p.h. or more over the posted speed limit 5 points

If you accrue 12 or more points in any 12 months, your driver’s license is automatically suspended for six months. In addition, a speeding conviction will cause your car insurance premiums to increase for several years after the conviction. If you are convicted of a criminal misdemeanor, the conviction will appear any time a prospective employer or landlord runs a criminal history check on you and may prevent you from qualifying for employment or housing opportunities in the future.

Why Should I Hire a Speeding Ticket Lawyer Near Me?

It may initially seem easier to just pay a speeding ticket than to fight the ticket; however, the long-term cost of paying a speeding ticket can be higher than you realize. An experienced speeding ticket lawyer may be able to get your ticket dismissed altogether or reduced to a non-moving violation, avoiding points against your license and insurance penalties. In the long run, the cost of retaining a lawyer is often significantly less than the costs involved in paying a speeding ticket.

What Should I Do If I Got a Speeding Ticket in Las Vegas?

If you got a speeding ticket in Las Vegas, consult with the experienced speeding ticket attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-3000 or contact us online.