Las Vegas Criminal Defense Blog

Two Las Vegas Metropolitan Police officers are facing charges stemming from a fatal car crash chase back in May. They reportedly ignored their sergeant's orders to cease their pursuit of the victim's car. One officer is charged with felony reckless driving and violating Nevada vehicular manslaughter law, and the other is charged with misdemeanor reckless driving.

Nevada vehicular manslaughter law applies when a driver proximately causes the death of another person through simple negligence. Simple negligence is a failure to act in a manner that a reasonable person would in the identical situation. Examples include not yielding at a stop sign, slight speeding, or texting while driving.

A conviction for violating Nevada vehicular manslaughter law is punished as a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. It's different from "vehicular homicide," which are DUI-related fatal car accidents when the driver has three previous DUI convictions. It's also different from Reckless Driving with Death, which is when the death allegedly results from the driver's recklessness (as opposed to negligence).

For more info, go to: http://www.lvrj.com/news/two-metro-officers-charged-in-traffic-death-101998148.html

Earlier this month a middle-aged Las Vegas woman was sentenced after pleading guilty to violating Nevada Involuntary manslaughter law and robbery. She originally faced charges of murder with a deadly weapon after allegedly killing a woman last year during an argument. The judge sentenced her to 5 to 15 years in prison.

Nevada involuntary manslaughter law covers cases where the suspect allegedly killed someone without intent to kill and in the commission of an act that might reasonably result in death--in other words, negligent homicide. Typical involuntary manslaughter situations include handling a loaded gun that accidentally goes off and shoots someone dead or when a child dies from having eaten poison you negligently left out within the child's reach. Involuntary manslaughter is less serious than murder, which requires either intent to kill or reckless homicide.

Common defenses in cases of Nevada involuntary manslaughter law include insanity, self-defense and lack of an unlawful or negligent behavior (blameless accident). It's a category D felony and carries one to four years in prison and up to a $5,000 fine. People charged with murder sometimes may plea bargain to involuntary manslaughter instead.

A man has finally been arrested for a 2001 Reno rape case even though the police reportedly had sufficient evidence to suspect him back in 2005. The reason he wasn't charged earlier is because the rape occurred while the man was still a juvenile, and by the time the police were ready to make an arrest no court had jurisdiction over his matter. But last year's Senate Bill 235 remedied the situation, and Washoe County Court now has legal jurisdiction over this cold case. He faces a Nevada preliminary hearing later in August.

A Nevada preliminary hearing is a pretrial proceeding in felony cases. They're like mini-trials where the attorneys can present evidence and cross-examine witnesses, but unlike trials the state only needs to prove by marginal evidence that the state has sufficient reason to press charges. When the state wins a preliminary hearing, the case is then bound over to District Court.

A Nevada preliminary hearing may occur as early as two weeks after the initial arraignment, but more often than not the court schedules them for several months into the case. Prosecutors tend to offer their best plea bargain deals prior to the preliminary hearing, so it's usually in a defendant's best interest to take a plea early. However, sometimes a preliminary hearing brings to light exculpatory evidence that may help the defendant at trial and may serve as a bargaining chip to get a better plea bargain.

For more on this story, go to: http://www.rgj.com/article/20100822/NEWS01/8220354/1321/NEWS

Last week authorities arrested thirty five people with alleged ties to Las Vegas gang crimes as part of Operation Community Shield, a nationwide federal sting. Thirty-two of them face possible deportation, and seven will be charged with crimes. Three of those may face felony charges for re-entry after deportation.

The majority of the arrestees have criminal records. Authorities believe they have ties to nineteen different street gangs. They come from either Mexico, Laos, El Salvador, Honduras, the Philippines, Cuba, and Guatemala.

Over recent years Nevada authorities have cracked down on Las Vegas gang crimes. Several different crimes may be considered gang related, such as assault, carjacking, drug dealing, and graffiti. Many of the people arrested for gang-related crimes are non-citizens and face deportation.

For more on this story, go to: http://www.lvrj.com/news/35-with-ties-to-gangs-arrested-in-las-vegas-area--face-deportation-101176134.html

This week a Clark County district court judge imposed the maximum sentence of eight to twenty years in prison on a woman who pleaded guilty in June to committing the Nevada crime of DUI with death. The victim died after she allegedly drove drunk and struck his Buick with her Jeep on Cheyenne and Rampart. Her BAC was reportedly more than two times the legal limit, and she already had one DUI conviction from 2001.

The Nevada crime of DUI with death makes if a category B felony to proximately cause the death of another person by driving drunk. It's also a felony if the driving results in substantial bodily harm. Common defenses include that the driver had not been drinking until after he/she stopped driving the car, that the breath testing equipment was faulty, that the fatality was not caused by the drunk driving, or that the victim was at more fault than the driver.

The penalties for committing the Nevada crime of DUI with death include 2-20 years in prison and maybe a $2,000-$5,000 fine. If the defendant was transporting a child under fifteen at the time, the judge may consider that when determining the prison time. Anyone convicted of drunk driving will probably be segregated from violent offenders while in prison.

For more info on this story, go to: http://www.lvrj.com/news/woman-sentenced-to-prison-in-drunken-driving-crash-that-killed-las-vegas-man-100789879.html

Last month a Las Vegas home builder faced indictment in federal court for allegedly selling his houses at inflated prices in order to get kickbacks. He's being charged with conspiracy, bank fraud and wire fraud. The defendant is being prosecuted as part of the national initiative Operation Stolen Dream to help curb mortgage fraud.

Mortgage fraud is both a federal and state crime. The Nevada crime of mortgage fraud occurs when a person with intent to defraud knowingly makes a false statement or misrepresentation concerning a material fact or deliberately conceals or fails to disclose a material fact. Because it's an intent crime, a person may not be convicted of it if they didn't deliberately defraud.

Similar to federal law, the Nevada crime of mortgage fraud carries very stiff penalties. The typical sentence for committing the Nevada crime of mortgage fraud, a category C felony, is one to ten years in prison and/or up to $10,000 in fines. However, it's punished as a category B felony if the defendant was found to have engaged in a pattern of mortgage fraud lending, and the punishment is upped to three to twenty years in prison and/or up to $50,000 in fines.

For more on this story, go to: http://www.lvrj.com/news/las-vegas-home-builder-indicted-in-mortgage-fraud-case-99512319.html

Next month a twenty-two year old veteran from the military is set to face trial in Elko for allegedly assaulting an elderly man in a car wash. He was charged with battery with intent to kill as well as the Nevada crime of auto theft. The accused served in Iraq and claims he sustained brain injuries resulting from an explosion.

The Nevada crime of auto theft (also called grand larceny of a motor vehicle) is the intentional stealing or taking away of another person's car. It's still considered auto theft even if you have the key or if it's a rental car you fail to return. Auto-theft is less serious than carjacking, which is the taking (or attempted taking) of a car by physical force or threats.

A typical defense to the Nevada crime of auto theft is that the car belonged to the accused, or that the accused merely borrowed the car with permission. If the car is worth $2,500 or more, grand larceny of a car is a category B felony carrying restitution, a fine of up to $10,000, and one-to-ten years in prison. Otherwise, it's a category C felony carrying the same penalties, except that the maximum prison term is five years.

For more on this story, go to: http://www.lasvegassun.com/news/2010/jul/27/trial-date-set-in-northeast-nevada-car-wash-attack/

Yesterday a UNLV basketball player was arraigned on allegations he violated Nevada battery domestic violence law stemming from a June 29 arrest. The twenty-two year old is accused of choking his girlfriend at her Henderson apartment. A preliminary hearing was set for November.

Nevada battery domestic violence law makes it a crime to intentionally use physical force on your significant other, family member or roommate. Common defenses to BDV claims include accident, self-inflicted wounds or false accusations. Penalties for violating Nevada battery domestic violence law depend on whether the suspect has previous BDV convictions, whether the incident involved strangulation, and the severity of the victim's injuries.

Penalties for a first-time misdemeanor BDV case include two days to six months in jail, 48 to 120 hours of community service, $200 to $1,000 in fines (plus a fee), domestic violence counseling for up to a year. But a third time BDV conviction in seven years is automatically a felony, carrying one to five years in prison and maybe a fine of up to $10,000. BDV with strangulation is also punished as a felony even if no harm results and the suspect has no criminal history.

For more on this story go to: http://www.lvrj.com/sports/unlv-basketball-player-willis-arraigned-on-domestic-battery-charge-99858719.html

Earlier this week the Nevada Highway Patrol arrested a Reno man for allegedly violating Nevada DUI with drugs law while operating a car on US 395. Police stopped him after observing him driving erratically, going off the road and speeding in excess of 80mph. The NHP observed him to be high on drugs and booked him for DUI-Drugs and several other drug and driving-related charges.

Nevada DUI with drugs law makes it a crime to drive while high on any kind of drug or while having excessive amounts of certain illegal drugs in your system irrespective of whether your driving is impaired. Even if you were prescribed a drug by your doctor like Ambien or Vicodin, you can still be convicted of this crime if your driving was in any way influenced by your use of the drug. Police suspect drivers are high rather than drunk if they fail the field sobriety tests but pass the preliminary breath test.

As long as no one got seriously hurt and it's your first DUI in seven years, violating Nevada DUI with drugs law results in the misdemeanor penalties of 2 days to 6 months in jail (which is usually suspended), Nevada DUI School, fines of up to $1,000, a Nevada Victim Impact Panel, and 3 months suspension of your driver's license. A second offense in seven years carries 10 days to 6 months in jail, up to $1,000 in fines, a Nevada Victim Impact Panel, an intensive drug abuse treatment program (DUI Court), a drug/alcohol evaluation, and a year suspension of your driver's license. A third offense is a felony carrying up to six years in prison, up to $5,000 in fines, 3 years license suspension, a drug/alcohol evaluation, and a Nevada Victim Impact Panel.

For more on this story, go to: http://www.kolotv.com/news/headlines/99477719.html?ref=719

A fourteen year old girl who ran away from her family in Minnesota earlier this month was recently discovered safe in Las Vegas. She reportedly left home with a thirty-seven year old sex offender. He has a conviction for attacking a woman with a sword, and back in the nineties he was arrested for robbery and kidnapping.

Nevada kidnapping law makes it a criminal offense to deliberately and without legal authority take and move someone. Nevada kidnapping law is divided into two degrees: First is more serious and comprises situations involving ransom, attempted battery, murder, sexual assault, robbery or extortion. A suspect may not be convicted of both kidnapping and robbery if the movement of the victim was incidental to the robbery and didn't increase the risk of harm to the victim.

Common defenses in Nevada kidnapping law include lack of intent, consent, insufficient evidence and lack of asportation. First degree kidnapping is a category A felony carrying up to a life sentence. Meanwhile, second degree kidnapping is a category B felony carrying two to fifteen years in prison as well as a fine.

For more info on this story, go to: http://www.examiner.com/x-49462-Minnesota-Top-News-Examiner~y2010m7d26-Missing-14yearold-found-in-Las-Vegas-convicted-sex-offender-still-atlarge

Last month a twenty-six year old man was arrested for the alleged rape and kidnap of a casino worker in Reno back in 2001 after a DNA test linked him to the crime. Since 2001, he's been convicted of various crimes including DUI, battery and home invasion. He was released on $15,000 bail, and his preliminary hearing is scheduled for later this month.

Nevada kidnapping law makes it a crime to willfully take another person and move them against their will. Nevada kidnapping law is divided into first-degree and second-degree, and it's often charged in conjunction with other crimes such as robbery and sexual assault. Common defenses to kidnapping are lack of intent, no asportation, or consent.

The penalties for violating Nevada kidnapping law depend upon the circumstances. For example, the standard sentence for first-degree kidnapping when the victim sustained substantial bodily harm is either life in prison with no parole, life in prison with the possibility of parole, or 40 years with the possibility parole. But when there was no substantial bodily harm, the punishment includes life in prison with the possibility of parole, or fifteen years in prison with the possibility of parole.

For more on this story, go to: http://www.rgj.com/article/20100713/NEWS01/100713022/1321/news

Last week a Carson City middle school principal pleaded guilty in Reno Justice Court to violating Nevada DUI law by driving with a BAC of .136. He was arrested back in May after being pulled over for speeding. The officer discovered both alcohol and pot inside the car.

Nevada DUI Law makes it a crime to operate a car with a BAC of .08 or above. Even if you're driving safely, it's "per se" illegal to be behind the wheel whenever your BAC is .08 or more. Conversely, even if your BAC is less than .08, it's still unlawful to drive if you're at all under the influence of alcohol or drugs.

The penalties the principal will face for violating Nevada DUI Law include a misdemeanor conviction, 42 hours of community service, $700 in fines, attendance at a victim impact panel and a suspended driver's license for 90 days. The school district is carrying out a separate investigation into the matter. The principal said he would like to keep his job despite the conviction.

For more on this story, go to: http://www.nevadaappeal.com/article/20100719/NEWS/100719545/1070&ParentProfile=1058