Las Vegas Criminal Defense Blog

Last week Roger Mayweather, uncle of champion boxer Floyd, had one of three felony charges against him dropped in Clark County District Court: He is still charged with battery with substantial bodily harm and battery with strangulation. But Judge Valerie Adair conceded that the D.A. failed to present sufficient evidence during preliminary hearings to substantiate his charge of breaking Nevada coercion law.

The charges stem from an incident where forty-eight year old Mayweather allegedly punched and choked a twenty-six year old former female trainee at her Las Vegas apartment this past August. Mayweather owned the property and was leasing it to a man who let the victim live there, which Mayweather was supposedly upset about. Mayweather has pleaded not guilty, is out on bail, and faces trial in August.

Nevada coercion law (NRS 207.190) makes it a crime to, with the purpose of making another act in a way they don’t have to, to use physical violence or threats of on that person, their family or possessions. Coercion is a misdemeanor when no physical force or immediate threat thereof is involved. But breaking Nevada coercion law becomes a category B felony if it is, with penalties of up to 6 years in prison and perhaps a $5,000 fine.

Read more about the story here: http://www.lvrj.com/news/prosecutors-frustrated-by-release-87207052.html

On Sunday, two men allegedly broke into a home in Henderson with intent to rob it. Someone in the house called the police, prompting the men to take off. One was caught on the street, while the other attempted to hide in another house. But this house was owned by a police officer, who was home at the time, and he shot the suspect in the leg.

A neighbor later said, "It's always been a comfort. The neighborhood knows a policeman is in the neighborhood that takes an interest in our safety here." The two suspects, who are in their late thirties, are facing charges of kidnapping, robbery, and violating the Nevada crime of coercion. No one else was hurt in the incident.

The Nevada crime of coercion (NRS 207.190) makes it unlawful for someone, with the intent of compelling another person to act or not act in a way that person doesn’t have to, to use violence or threats on that person, his/her family or property. The Nevada crime of coercion is only misdemeanor where no physical force or immediate threat of physical force is used. But if it is, coercion is charged as a category B felony, carrying up to six years in prison and maybe a fine of up to $5,000.

Read more about this story at http://www.ktnv.com/Global/story.asp?S=12140598.

Last week, a twenty-one year old man in Winnemucca who was originally charged with sexual assault on a child pleaded guilty to the Nevada crime of lewdness with a child under 14. If he’s released, he’ll be placed on lifetime supervision. (The victim’s mother was sentenced for child abuse, neglect or endangerment for allowing the child to have sex with the defendant.)

The defendant’s attorney told the court, “My client has expressed to me remorse for this fact pattern. He just found himself unable to protect himself and protect the victim in this case and allowed some very base instincts to take over and for that he’s sorry.” The Humboldt County D.A responded in part, “I would ask this court to be mindful that this is a defendant who’s not remorseful and doesn’t take into consideration what his actions have caused to occur in this 11-year-old girl’s life.” The D.A. also quoted the defendant, who allegedly said the incident didn’t affect the girl negatively.

The Nevada crime of lewdness with a child under 14 outlaws any lewd or lascivious act on a child for the purpose of sexual gratification. Both sexual assault on a child and lewdness on a child carry life sentences, but a first conviction for lewdness allows for the possibility of parole after only ten years have been served. However, if the defendant has prior convictions for lewdness or similar crimes, the penalty is life without the possibility of parole.

To read more about this story, go to http://silverpinyon.com/criminal-justice/54-district-court/350-defendant-in-lewdness-case-sentenced-to-prison.

Last month, Senate Majority Leader Harry Reid (D-Nev.) posited on the Senate floor that high unemployment has spurred domestic violence. While debating whether to pass a $15 billion package meant to stimulate the creation of jobs, he said, "I met with some people while I was home dealing with domestic abuse. It has gotten out of hand. Why? Men don't have jobs."

Nevada domestic violence crimes constitute elder abuse, child abuse and any battery between family members, romantic partners and roommates. Some acts which may be prosecuted as Nevada domestic violence crimes are battery, assault, sexual assault, stalking, arson, trespassing, larceny, false imprisonment, and unlawful entry into a residence. Nevada domestic violence crimes also carry harsher penalties for repeat offenders:

A first offense for battery domestic violence in Las Vegas is a misdemeanor, carrying two days to six months of jail, 48 to 120 hours of community service, and $200 to $1,000 in fines. Meanwhile, a second offense of battery domestic violence in Las Vegas within seven years carries ten days to six months in jail, 100 to 200 hours of community service, and $500 to $1,000 in fines. And a third conviction of Las Vegas battery DV is a category C felony, punishable by one to five years in prison and up to a $10,000 fine. Counseling will be ordered as well.

Last month, a man accused of colliding with a car while allegedly driving drunk and then fleeing the scene was subsequently struck by a truck. The incident happened in the early afternoon at the intersection of West Flamingo Road and South Wynn Road. He was in critical condition, and Metro is currently investigating the collision.

Las Vegas DUI law criminalizes the act of driving while under the influence of drugs or alcohol. Even if you’re driving well and seemingly unimpaired, it’s automatically illegal to drive with a BAC of .08 or above. If a police officer suspects you of DUI and pulls you over, you will have to submit to field sobriety tests and a breath or blood test.

Penalties for violating Las Vegas DUI law are less severe if no injury or death occurs. A misdemeanor, it carries DUI School, a victim impact panel, fines, and usually a suspended sentence of up to six months. But if substantial injury or death occurred, breaking Las Vegas DUI law becomes a felony, carrying years in prison and probation. A third DUI in seven years is charged as a felony as well.

Read more about the story at http://www.fox5vegas.com/news/22607445/detail.html

Last month, a fifty-four year old former chef got a new trial date after the 9th Circuit Court of Appeals reversed the murder conviction in his first trial over faulty jury instructions. He’s accused of stabbing a man in 1993 in a Circus Circus – Reno hotel room they shared. The accused argued that Nevada self-defense law exonerates him.

The two men reportedly met while on a bus from San Francisco, where they shared cocaine. The fight reportedly started after the accused saw the other man in the room allegedly using his knives to make heroin. The victim was later found in the bathtub with 17 stab wounds.

Nevada self-defense law allows someone in immediate danger of being hurt by someone else to fight back. You’re also allowed to fight back if the aggressor is threatening your family or someone close to you. However, Nevada self-defense law requires that you use no more force than necessary to fend off the attack.

Read more about the story at http://www.rgj.com/article/20100219/NEWS01/2190399/1321/news

Last month, a health care worker was sentenced in a Medicaid fraud case prosecuted by the Nevada Attorney General’s Medicaid Fraud Control Unit. The worker allegedly wasn’t providing services at patients’ homes when she claimed she had been. In August she pleaded guilty to the gross misdemeanor of failure to maintain adequate records, and she’s ordered to pay $4,400 in restitution and other costs, will be on a three-year probation, and will face a 60-day suspended jail sentence.

The Nevada Attorney General’s Medicaid Fraud Control Unit is responsible for investigating and prosecuting cases of Medicaid fraud as well as violations of Nevada elder abuse law. Nevada elder abuse law makes it a crime to inflict pain, injury or mental anguish on someone sixty years old or more. It also outlaws exploiting them, using undue influence to control them, keeping them isolated and neglecting them.

Anyone convicted of physically abusing an older person in Nevada may be charged with a gross misdemeanor for a first offense, carrying up to a year in jail and/or up to $2,000 in fines. Subsequent offenses are category B felonies, punishable by two to six years in prison. But if substantial bodily or mental harm or death results, even a first offense can be brought as a category B felony as well, this time carrying two to twenty years.

Some professions, such as physicians and social workers, are legally required to report suspected cases of violations of Nevada elder abuse law. If they knowingly or willfully neglect to do so, they face misdemeanor charges of up to six months in jail and/or a $1,000 fine. As long as they acted in good faith, they can’t then be prosecuted for reporting suspected cases of elder abuse that ultimately turn out to be unfounded.

Read more about the health care worker’s case at http://www.lasvegassun.com/news/2010/feb/24/health-worker-gets-probation-medicare-fraud-case/

Two weeks ago, the chief constable of Boulder City was arrested for breaking Nevada DUI law and other traffic matters after allegedly careening his duty-vehicle into a light pole near Utah and Seventh streets. The Boulder City Police Department claims that the constable then left the scene of the crash on foot. He was later arrested in a nearby residence after reportedly failing field sobriety tests.

Nevada DUI law makes it a crime to operate a vehicle while under the influence of drugs or alcohol. It’s automatically illegal to drive with a BAC of .08 or more whether or not you’re operating the vehicle safely. If a cop suspects you of driving under the influence, he/she will pull you over, ask you a series of questions and ask you to perform field sobriety tests such as standing on one foot and walking in a straight line.

Violating Nevada DUI law is a misdemeanor as long as no one gets hurt, and penalties usually include a six-month suspended jail sentence, a victim impact panel, DUI school and fines. However, a third DUI in seven years is charged as a felony. Drunk driving accidents resulting in injury or death may be charged as a felony as well.

Read more about this story at http://www.lasvegassun.com/news/2010/feb/23/boulder-city-official-accused-leaving-scene-after-/

Serious traffic accidents have been steadily declining in Washoe County. “According to the local police department,” explains Reno criminal defense attorney Michael Becker, “Reno traffic fatalities dropped 40% between last year and 2007.” In addition, injury accidents and DUI crashes have significantly decreased in the last two years as well.

Reno criminal defense attorney Michael Becker says that local law enforcement credits this reduction in traffic accidents to the “Three E Concept of Safety:” This includes the Engineering of good roads, the Education police provide to the public via traffic stops and presentations, and traffic law Enforcement. Organizations such as MADD and the Nevada Highway Patrol are contributing to this trend as well.

In addition to traffic-related tragedies becoming less frequent, homicides are also declining. 2009 saw twelve wrongful deaths as compared to twenty-three in 2006. According to Reno criminal defense attorney Michael Becker, the success of Reno police in curbing and solving crimes has a lot to do with community cooperation via the Secret Witness Program, the Neighborhood Advisory Boards, and other programs.

Read more about this story at http://www.rgj.com/article/20100216/OPED04/2160317/1003/CARSON/Michael-Poehlman-Police-citizen-partnership-is-cutting-crime-in-Reno

Last week, Las Vegas police arrested a twenty-one-year old dad for allegedly violating Nevada child abuse law on his infant son. The three-month-old was rushed to a medical center in critical condition with injuries police say are consistent with blunt-force trauma to his abdomen and bite marks. The dad was booked into the CCDC on eight counts of breaking Nevada child abuse law with substantial bodily harm and other charges.

Nevada child abuse law makes it a crime to willfully cause or allow a child to endure unjustifiable physical pain or mental suffering. Anyone convicted of willfully abusing a child with substantial bodily injury or mental harm faces two to twenty years in prison. If the child was less than fourteen and the alleged abuse was sexual in nature, the sentence increases to life with the possibility of parole after fifteen years.

If someone is accused of willfully abusing a child without substantial or mental harm in Nevada, the possible penalties depend on if the citizen accused has any previous child abuse convictions. If so, the sentence range is two to fifteen years, but if not, the sentence may be only one to six years. In cases of neglect or endangerment, penalties may be as little as one year to as much as life depending on the age of the child, the nature of the abuse, whether substantial bodily or mental harm occurred, and whether the accused has past convictions.

Read more about this story at http://www.lvrj.com/news/father-accused-of-beating-3-month-old-boy-85145712.html

The New Jersey Supreme Court recently ruled that stalking is no less a crime when the alleged perpetrator had only romantic intentions and didn’t believe that his/her behavior would reasonably cause fear in the object of his/her affections. Justice Jaynee LaVecchia spoke for the Court in State v. Gandhi: “The claimed innocent intention of one with an unrequited love interest in another does not permit an individual to stalk the other with impunity.”

In the New Jersey case, the defendant allegedly sent dozens of graphic and threatening messages to a female and violated three judicial orders. He was eventually convicted of stalking and contempt, which led to this appeal where he claimed that he didn’t know his ardor would frighten the victim.

Nevada stalking law is similar to New Jersey’s in that it requires only that the accused’s behavior would cause a reasonable person to feel terrorized, intimidated, frightened or harassed. The state does not need to show that the alleged stalker intended to terrorize or frighten.

Breaking Nevada stalking law on a first offense is a misdemeanor, punishable by up to six months in jail and/or up to a $1,000 fine. Second and subsequent offenses are chargeable as a gross misdemeanor, carrying up to one year in jail and/or up to $2,000 in fines. However, if the alleged stalking consisted of threats of bodily harm or death, then it may be charged as a felony, punishable by two to fifteen years in prison and perhaps a $5,000 fine.

Read more about this story at http://www.law.com/jsp/article.jsp?id=1202444432807&State_Need_Not_Prove_Stalker_Had_Knowledge_of_the_Fear_He_Inspired

Mid-February, a Reno judge ordered a seventeen-year-old boy and a sixteen-year-old boy to face criminal charges as adults in relation to burglary incidents on December 10th, 2009. They were booked on counts of kidnapping, robbery with a deadly weapon on an elderly woman, burglary, grand larceny of a car, possession of a stolen vehicle, false imprisonment, and with committing the Nevada crime of possession of stolen property.

According to reports, the boys allegedly invaded a seventy-three-year-old woman’s home at 4 a.m. and stole her car, which the police spotted one of them driving later that day. After the arrest, the police linked the boys to a burglary earlier in the night, where a TV was taken. Police also claim they used guns stolen from past burglaries and that one of the boys struck the elderly woman with a rifle.

The Nevada crime of possession of stolen property makes it unlawful for someone to knowingly possess property that they know or should have known is stolen. If the value of the property is less than $250, it may be charged as a misdemeanor and carries up to six months in jail and/or up to a $1000 fine. If the value of the property ranges from $250 up to $2,500, it may be charged as a category C felony and carries a one to five year prison sentence and maybe a $10,000 fine. And for property valuing $2,500 or more, it’s a category B felony carrying one to ten years in prison and a fine of up to $10,000. In addition, anyone convicted of the Nevada crime of possession of stolen property will be ordered to pay restitution.

Read more about this story here: http://www.rgj.com/article/20100212/NEWS18/100212031/1321/news