Las Vegas Criminal Defense Blog

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

Earlier this month a man in Boulder City was charged with assault with a deadly weapon for allegedly using a smashed liquor bottle to threaten people after shoplifting a grocery store. He was also charged with committing the Nevada crime of resisting arrest for then running into a Starbucks after a cop tried to detain him. He apparently attempted to hang himself in jail and was put on suicide watch at the Clark County Detention Center.

The Nevada crime of resisting arrest occurs when someone willfully resists, delays or obstructs a cop when they are trying to take someone into custody. Common behaviors that qualify as resisting arrest in Las Vegas include fleeing when a cop arrests you and refusing to move when the cop tries to put you in the police car. Standard defenses used to fight these charges include "lack of intent," "self-defense," "lack of resistance," or "illegal arrest."

The penalties for committing the Nevada crime of resisting arrest depend on the circumstances. As long as the arrestee doesn't try to use any weapons, resisting arrest is just a misdemeanor carrying up to $1,000 in fines and/or up to six months in jail. But if the arrestee does try to use a firearm, it's a category C felony carrying one to five years in prison, and maybe a fine of up to $10,000. If the arrestee tries to hit the officer, they may face separate charges for assault or battery.

For more on this story, go to: http://www.lasvegassun.com/news/2010/jul/07/man-smashed-liquor-bottle-arrested-assault-charge/

Five years ago a man was arrested in Reno for violating Nevada harassment law and a protection order that turned out to be invalid. He eventually settled with the city for $50,000. And earlier this month, a judge ordered the city to pay his attorneys fees, amounting to over a quarter of a million dollars.

Nevada harassment law makes it a crime to deliberately threaten someone else with harm so that they reasonably fear that the threat will be carried out. The threats may be made with words or conduct, and the harm threatened doesn't have to be immediate to count as harassment. Stalking is a kind of harassment as well.

Penalties for violating Nevada harassment law depend on the severity of the circumstances. As long as no death or serious injury is threatened, a first offense is a misdemeanor carrying up to six months in jail and/or up to $1,000 in fines. Any subsequent offense is a gross misdemeanor carrying up to one year in jail and/or up to $2,000 in fines. But if the harassment does cause the victim to fear death or substantial bodily harm, then harassment is a category B felony carrying two to fifteen years in prison and maybe a $5,000 fine.

For more on this story, go to: http://www.rgj.com/article/20100702/NEWS01/100702022/1321/news

Last month a 44-year old convicted Tier-2 sex offender was arrested for four counts of sexual assault of a child under 14, domestic violence and for committing the Nevada crime of assault with a deadly weapon. According to police, he allegedly raped his live-in girlfriend's daughter. He's being held at the Washoe County Jail on 1 million dollars bail.

The Nevada crime of assault with a deadly weapon occurs when someone puts someone else in reasonable apprehension of immediate bodily harm with a deadly weapon or while having a deadly weapon on their person or in their reach. So this crime doesn't require any touching or bodily harm but rather an attempted battery. And the weapon can be any everyday object that's used in a deadly way, such as a smashed bottle or pipe.

The penalties for committing the Nevada crime of assault with a deadly weapon, a category B felony, include one to six years in prison and/or up to $5,000 in fines. Typical defenses include lack of intent, lack of reasonable apprehension, self-defense, consent, and lack of deadly weapon. Common examples of this crime are wielding a knife at someone, pulling a gun on someone, or throwing a brick at someone.

For more on this story, go to: http://www.rgj.com/article/20100628/NEWS01/100628031/1321/news

Yesterday, a Clark County District Court judge sentenced a felon who's been convicted 11 times to life without parole for robbing and battering Javon Walker, a former NFL player. Meanwhile, he's also facing charges for child abuse, statutory sexual seduction, kidnapping and breaking Nevada pandering law in another case. His attorney says they will appeal the decision to the Nevada Supreme Court.

Nevada pandering law makes it a crime to encourage or force another person to be a prostitute. Pandering is often called "pimping." People may still be convicted of pandering even if they did not use physical violence and even if no sex acts took place . . . merely arranging for the solicitation of prostitution falls under the definition of pandering in Nevada.
The penalties for violating Nevada pandering law vary depending on the circumstances. A typical prison sentence for pandering an adult is 1 to 5 years. But pandering a child carries 2 to 20 years in prison.

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In May the Nye County sheriff ordered that his deputy place the Nye County district attorney under arrest for allegedly misusing public funds. But charges were never filed because the D.A. declined to charge himself. Meanwhile, the D.A. had a special prosecutor conduct an investigation of the sheriff's office and then charge the deputy with a felony.

In Nevada, crimes are divided into three categories: Misdemeanors, Gross Misdemeanors, and Felonies. Felonies comprise the most serious crimes and are themselves subdivided into five classes: Category A felonies in Nevada carry the heftiest sentences, while Category E felonies carry a one year minimum in prison that sometimes may be suspended for probation.

Examples of category A felonies in Nevada are murder, first degree kidnapping, and sexual assault. Penalties for category A felonies in Nevada include life in prison with or without the possibility of parole. And a first-degree murder conviction may carry the death penalty.

For more on this story, go to: http://online.wsj.com/article/SB10001424052748704103904575336661401293070.html?mod=WSJ_WSJ_US_News_5

Last month a star UNLV basketball player was arrested for allegedly trying to strangle his girlfriend. Domestic violence is normally a misdemeanor as long as no one sustains serious bodily harm, but if strangulation is involved it's charged as a felony. If convicted, the basketball player faces up to five years in prison.

Nevada felony law comprises the most serious crimes in the state, including manslaughter, burglary, and drug trafficking. Contrarily, misdemeanors comprise the least serious crimes including petit theft, trespass, and a first-time DUI with no injury. Gross misdemeanors are the middle class of offenses and include a first offense of indecent exposure or open or gross lewdness.

The prison range for crimes punished under Nevada felony law depend on what category the crime is. Category A crimes such as murder can potentially result in death or a life sentence, whereas Category E crimes such as "peeping" with a camera may result in only probation and a suspended sentence. As a general rule, the minimum prison sentence allowed under Nevada felony law is one year. Immigrants or non-citizens convicted of a felony may face deportation from the U.S.

For more on this story, go to: http://www.8newsnow.com/Global/story.asp?S=12737087