Las Vegas Criminal Defense Attorney
Violent Crime Charges in Las Vegas
Violent crime charges can be prosecuted at both the state and federal levels. That means that a conviction will almost certainly lead to a lengthy prison sentence (sometimes without the possibility for parole).
If you’re facing violent crime charges in Las Vegas, the consequences could be life-altering. Hiring a skilled and experienced violent crimes lawyer can significantly increase the odds of decreased or dismissed charges. If you’re facing prosecution for murder, rape, kidnapping or armed robbery, you need a skilled and experienced criminal defense attorney on your side.
We can help.
Contact The Vegas Lawyers today for your free initial consultation. Call us at (702) 707-7000 and let us help you. The penalties for violent crime charges can be severe. This is no time to take a gamble with your choice of lawyer.
Violent Crimes & Penalties In Las Vegas
According to the latest annual report published by the Las Vegas Metropolitan Police Department (LVMPD), there were more than 9,000 occurrences of violent crimes in Las Vegas the previous year.
Aggravated assault is by far the most common form of violent crime in Las Vegas. However, there are more than 1,000 occurrences of crimes like robbery and forcible rape. Furthermore, there were nearly 100 murders within one year.
With that in mind, the pressures continually mount on the LVMPD and Clark County district attorney’s offices to decrease violent crime. Unfortunately, that pressure can also lead to unfair policing and prosecution tactics, including:
- Illegal Search & Seizures
- Lazy investigations
- Ignoring fundamental rights
- Pressuring defendants to accept unwise plea bargains
- Prosecuting the wrong person
Our experienced criminal defense lawyers can spot a weak case from a mile away, and we know what to do with it. Contact us today for a free, no-obligation discussion about your case.
Learn about the most common and consequential violent crimes in Las Vegas below.
Murder Charges In Nevada – NRS 200.030
Homicide amounts to unlawfully killing a human being with the intention to kill (expressed or implied). However, there are different types of murder charges depending on the circumstances of the case. They include:
- Attempted Homicide
- First Degree Murder
- Second Degree Murder
- Felony Murder
Individuals who attempt murder in Nevada, but are unsuccessful in their efforts can be charged with attempted murder. Attempted murder is a category B felony that can lead to 2 – 20 years in prison. Depending upon the circumstances of the case, penalties may be harsher.
First Degree Murder
First-degree murder is the planned or premeditated killing of another person. That can include stabbing, shooting, torturing, beating, etc. The potential penalties for first-degree murder in Nevada include but are not limited to:
- Category A felony
- Potential death penalty
- Up to life imprisonment without parole
- Possibility for parole after 20 years (depending on the circumstances)
Second Degree Murder
Second-degree murder encompasses all other types of murder not addressed by first-degree murder charges. That includes murder that happens due to reckless behavior (i.e. “Russian roulette” type horsing around, shooting a gun into a room of people, etc.).
Individuals can be charged with second-degree murder in Nevada if they had no intention of killing someone but they should have known based on the recklessness of their actions that it was foreseeable someone could be killed.
Penalties for second-degree murder include but are not limited to:
- Category A felony
- Up to life in prison
- Possibility for parole after ten years (depending on the circumstances)
Felony homicide (NRS 200.030(1)(b)) occurs when a person commits first-degree murder in the commission (or attempted commission) of sexual assault, kidnapping, robbery, burglary, sexual child abuse, or any other situations listed under NRS 200.030 (1)(b).
The penalties for “felony murder” in Nevada include but are not limited to:
- Category A felony
- Potential death penalty
- Up to life imprisonment without parole
- Up to life imprisonment with the opportunity for parole after 20 years
- 50 years in prison with the possibility of parole after 20
It’s important to note that the felony murder rule can be applied any time someone not involved in the crime dies due to the offender’s actions.
Manslaughter Charges In Nevada – NRS 200.040
Manslaughter is the act of intentionally killing another person without premeditation or any other circumstances that could amount to murder.
Manslaughter is often thought of as “heat of the passion” crimes because they tend to occur in moments where individuals feel irresistibly compelled to kill another. There are three types of manslaughter laws in Nevada, they include:
- Voluntary Manslaughter (NRS 200.050): Occurs when a person suffers serious injuries and, as a result, kills the person who inflicted the damage out of passion. Penalties include category B felony, 1 – 10 years in prison, and fines up to $10,000.
- Involuntary Manslaughter (NRS 200.070): Unintentionally killing someone while committing an unlawful or negligent act. Penalties include category D felony, 1 – 4 years in prison, potential fines.
- Vehicular Manslaughter (NRS 484.B.657): Vehicular manslaughter is punished less severely. It occurs when a motorist “causes” the death of another through negligence. For example, eating while driving, losing control of the vehicle, and killing another motorist as a result. Penalties include a misdemeanor, up to 6 months in jail, and $1,000 in fines.
Assault & Battery
Did you know that aggravated assault is the most commonly prosecuted violent crime in Las Vegas? According to NRS 200.471, assault occurs when an individual intentionally attempts to use force against another human or causes them to have a reasonable fear of bodily injury.
Generally, assault is a misdemeanor offense punishable by up to six months in jail and $1,000 in fines. However, individuals can face category B felony charges, and between 1 – 6 years in prison, if they use a deadly weapon while committing assault.
Assault addresses the attempt at bodily harm. Battery is the result of forceful actions. Under NRS 200.481, battery can be defined as the intentional and illegal use of force against another human.
Potential penalties for battery include but are not limited to:
- Misdemeanor Battery: Up to six months in jail, up to $1,000 in fines
- Battery By Strangulation: Category C felony, 1 – 5 years in prison, up to $10,000 in fines
- Battery With a Deadly Weapon: Category B felony, 2 – 15 years in prison, up to $10,000 in fines
It should be noted that battery perpetrated against a police officer can incur harsher penalties depending on the circumstances of the case.
According to NRS 200.380, robbery is defined as property theft by way of force, violence, or threat of injury. Robbery (without a deadly weapon) is a category B felony in Nevada. The penalties include 2 – 15 years in prison.
Furthermore, armed robbery (robbery with use of a deadly weapon) can incur up to double the prison sentence. That means an additional 2 – 15 years on top of the original sentence.
Under NRS 200.310, kidnapping can be defined as unlawfully taking someone from one place to another without their permission or against their will. Sometimes, an individual can be charged with kidnapping if they just confine a person in a restricted space for any length of time.
The two most common abduction charges are 1st degree kidnapping and 2nd degree kidnapping. Take a look at a brief overview of each below.
- First Degree Kidnapping: Occurs when an individual knowingly kidnaps a person with the intention to cause serious bodily harm, death, rape, robbery, and certain types of extortion.
- Second Degree Kidnapping: 2nd-degree kidnapping includes all other acts of kidnapping not covered by 1st Degree charges, including intentionally kidnapping a victim with the intent to imprison (without their consent) or holding the victim against their will.
The penalties for first degree kidnapping in Nevada include up to life imprisonment without the possibility of parole. Individuals convicted of 2nd degree kidnapping charges face 2 – 15 years in prison and up to $15,000 in fines.
Battery Domestic Violence (BDV)
Battery domestic violence (NRS 200.485) occurs when one person in a domestic relationship commits certain violent crimes against the other. Domestic relationships can include but are not limited to:
- Current or former spouses
- Persons related by blood
- People that live together
- Parents of common children
- Parents or legal guardians of children
Examples of domestic battery include hitting, kicking, shoving, slapping, etc. Battery within the context of a domestic relationship is punished more harshly than simple battery charges in Nevada.
Individuals charged with battery domestic violence face gross misdemeanor offenses. If convicted, it could lead to up to 1-year in jail and $2,000 in fines.
It’s important to note that battery domestic violence charges can be enhanced when the defendant commits BDV with a deadly weapon, against a child, or their actions cause serious injuries. In that case, defendants face felony charges and extensive prison time.
Abuse of children and elderly persons is one of the most common forms of violent crimes in Nevada. Take a look at an overview of each below.
- Abuse & neglect of children: Under NRS 200.508, abuse and neglect of children occur when a person intentionally injures (physically or mentally) a child, and it’s not considered sexual abuse, sexual exploitation, negligence, or maltreatment of a minor under 18.
- Elder Abuse: NRS 200.599 prohibits the abuse or exploitation of someone who is 60 years or older. Individuals convicted of elder abuse in Nevada face gross misdemeanor charges. However, in some cases, they could face felony charges.
Harassment & Stalking
Under NRS 200.571, threatening to cause bodily injury or property damage is considered harassment. The penalties for harassment in Nevada include but are not limited to:
- Up to six months in jail
- Up to $1,000 in fines
Furthermore, individuals charged with harassment could face harsher penalties depending on the circumstance of the case.
Stalking (NRS 200.575) occurs when someone unlawfully and intentionally takes actions that would cause a reasonable person to be fearful or intimidated. First-time stalking offenders face up to 6 months in jail and $1,000 in fines.
However, aggravated stalking charges can lead to felony charges, up to 15 years in prison, and fines up to $5,000. It’s important to note that cyberstalking is also a felony offense that can result in up to five years in prison.
Federally Prosecuted Violent Crimes in Nevada
An individual can face violent crime charges at the state and/or federal levels. Most federal crimes are investigated by authorized federal law enforcement agencies like the FBI, IRS, DEA and ATF.
Violent crimes prosecuted at the federal level typically lead to longer prison sentences and higher fines. Violent crimes that the federal government focuses on include but are not limited to:
- Sex Trafficking
- Hate Crimes & Domestic Terrorism
- Using weapons designed for mass annihilation
- Violent crimes at international airports
- Bank robberies
Furthermore, the federal government can prosecute any violent crime that occurs on federal property. For example, if an individual assaults someone on federal property, they can be charged with federal crimes.
Suppose you’re charged with violent crimes on the federal level. In that case, it’s in your best interest to consult with a Las Vegas federal criminal defense lawyer who understands how to navigate the federal and local criminal justice systems.
What Are The Defenses Against Violent Crime Charges In Las Vegas?
The potential ramifications of a violent crime arrest and subsequent conviction can be devastating. However, just because you’re charged with a violent crime offense doesn’t necessarily mean you’ll get convicted.
In many cases, a skilled violent crimes attorney can poke holes in the prosecution’s case and negotiate decreased or dismissed charges. While this is not the situation in every circumstance, it’s certainly worth having a consultation with a violent crimes attorney in Las Vegas to learn how they can help.
Some of the most common defenses to violent crime charges in Nevada include but are not limited to:
- The accuser is lying
- Lack of credible evidence
- Denial of Constitutional rights during arrest
- Mistaken identity
- Misconduct on behalf of law enforcement and the prosecution
No attorney in Las Vegas can guarantee success, but working without a proven violent crimes lawyer is a guaranteed uphill battle.
Charged With A Violent Crime In Las Vegas? Contact Us Today
Are you facing charges for committing a violent crime? If so, you need to get the best lawyer on your side. This is no time to gamble with your choice of attorney. Working with an experienced and proven Las Vegas criminal defense lawyer in Las Vegas can profoundly impact the outcome of your case.
If you’ve been charged with a violent crime, representing yourself or being underrepresented can be catastrophic. Don’t risk your future when you don’t have to. Your liberty depends upon making the right choice.
Our highly skilled team of legal professionals will help you get the least amount of penalties possible under the circumstances. Contact us through this website or give us a call at (702) 707-7000 for your free initial consultation today.